“Yes, it is true that our society places a significant value in freedom of speech, but there is a point, however, where statements normally protected under free speech cross into the realm of defamation. So the first step is recognizing what defamation looks like.”
New Media Rights latest multi-part series for Forbes is all about enforcing your intellectual property rights responsibly. There are many types of legal disputes that you might encounter when you own intellectual property. While there is no definitive formula to solving every type of legal dispute, there are things you can keep in mind the next time you find yourself in a bind.
The first part of the series addresses copyright disputes, and breaks down some of the do’s and don’ts of handling infringement effectively. Often copyright owners don’t know what to do when they believe that someone is infringing on their work.
While it is exciting to choose a name for a new business or product, you should take a moment before you get those business cards printed up to properly establish your name. Taking the extra time at the beginning of a new business can help you reduce the likelihood of disputes with other companies, avoid confusing your customers, and help protect your overall brand.
Art Neill, Founder and Executive Director here at New Media Rights, began writing as a guest contributor for Forbes this past May, covering a variety of legal issues for creative professionals and small businesses. His articles have been chosen as Editor’s Pick three times since then!
This week’s post is all about Errors & Omissions insurance. Errors & Omissions (E&O) insurance is one safety net (among others) that a small business should consider to protect its assets. “Essentially, an E&O insurance policy will back you up when you make a mistake or an error.” Sometimes, even small mistakes can be costly, so it is important to understand the unique protections of Errors and Omissions insurance - especially if you have a business in the technology or media fields.
New Media Rights stays on the forefront of providing legal services to those who create new ways to communicate and learn. Of course, "new media" is literally in our name. So we jumped at the chance to work with local VR company Nanome to make their VR molecular modeling app a reality. We want to congratulate Nanome on their release of Nano-One, the first of Nanome’s suite of nano-engineering and mathematics visualization tools. Nano-One was recently launched on Steam Greenlight as Nanome moves forward to a full release.
New Media Rights invites you to a free screening of two excellent films that we've had the pleasure to work on over the past two years-The short film " American Baghdad" and the feature " Valentino's Ghost: Why We Hate Arabs". We will have a Q&A with Ron Najor, director of American Baghdad, and Michael Singh, director of Valentino's Ghost following the screenings. Please RSVP at our Facebook invite, seating is first come, first serve.
So, you want to be protected by the DMCA section 512 safe harbors? Some changes at the Copyright Office mean that you’ll need to now electronically register any services you want covered by the DMCA through the Copyright Office (including re-registering for all current service providers covered by the DMCA). You'll then need to re-register every three years to keep the DMCA safe harbor protections active.
New Media Rights is thrilled to highlight some of the success that our client, Penn Road Productions, has had with their latest documentary, Company Town. The film, which offers an intense look into the health and environmental impact that one paper mill has had on the nearby town of Crosset, Arkansas, just finished a successful screening at the L.A. Film Festival and the Sheffield Doc’s Marker Player in the UK, and will be showing at the Hot Springs Documentary Film Festival in October.
Over two years ago when we submitted comments in the United States Department of Commerce, United States Patent and Trademark Office and National Telecommunications and Information Administration copyright reform proceedings and again in our roundtable testimony, we advised a cautious approach that avoided the collateral damage that can come with hasty reforms. The final report takes a cautious balanced approach and shows support for many of the points we emphasized including:
The importance of developing a flexible criterion to help judges and juries determine the amount of statutory damages awarded. Particularly criteria that: consider whether the defendant use was non-commercial, had reasonable fair use argument and the financial means of the infringer. With flexible standards Copyright Trolls are much less likely to be able to exploit small-scale defendants’ lack of sophistication and resources to extract inappropriate settlements from them. (see pg 75 of the report for some of our thoughts)
The need for more public education on matters of copyright law, including fair use, to promote creativity.
The creation of easy to read fair use best practices developed within specific creative communities by creators, lawyers and other practitioners working in that specific area to help creators make informed decisions about fair use.
Recognizing the importance of having a small claims copyright court to help independent creators resolve disputes that doesn’t sacrifice important copyright safeguards, like fair use, in the process.(see pg 78 of the report for some of our thoughts)
In our new book, we focus on issues you may encounter from the inception of your business to the moment (that hopefully doesn’t happen) you get a nasty lawyer letter for the first time.
You’ll learn how to form your business, protect your intellectual property, and avoid problems when launching your project. Taking a few simple steps upfront to protect your business or project can save time and money down the road. Don't Panic has also been used in undergraduate & graduate classes nationwide to teach business and legal concepts to non-lawyers. Professors can request a FREE evaluation copy
FINALLY, CLEAR ANSWERS FOR LEGAL AND BUSINESS QUESTIONS WRITTEN BY LAWYERS AND DESIGNED FOR CREATIVES
After 10 years of advising creators and entrepreneurs, we’ve kept hearing about the same unsolved issue from our clients...
Creatives want to learn the legal and business rules they need to grow and protect their businesses. BUT they don’t have the resources to purchase 10 different books, read 100 different conflicting blog posts written by non-lawyers, and then spend $1,000 hiring an expensive lawyer to summarize them all before they’re understandable and usable.
That’s why we‘ve created our Resource Library. These checklists, best practice guides, and videos are made specifically for creative entrepreneurs who want the right strategies -- laid out in the right order -- to legally protect and thoughtfully grow their businesses.
We realized there needs to be an affordable and accurate place to find best practice guides written by lawyers but designed to be implemented by creators.
We are supporting the Library with ongoing updates -- which means you get new, actionable content for as long as you remain a member.
You can directly suggest new additions for the topics we’ll add. YOU as members, dictate what is added to the library based on what YOU need the most.
SIGN UP TO TAKE THE NEXT STEP IN YOUR PROJECT, AND YOU'LL GET A GIFT WHEN WE LAUNCH...