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NMR files comments urging the FCC to protect the Open Internet

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Today, New Media Rights joins hundreds of thousands of consumers, creators, and businesses in filing public comments about the future of Internet.  The Federal Communications Commission now has an opportunity to choose a communications future of innovation, creative exchange, and consumer choice, rather than one where powerful broadband Internet companies can alter the Internet to support entrenched business models.

Specifically we are urging the FCC to reclassify broadband internet access providers as common carriers subject to Title II of the Telecommunications Act, and to reconsider its recently proposed Net Neutrality rules. Preserving an Open Internet is one of the most important social, economic, and legal issues of the twenty first century. It is critical that the FCC have the authority to protect it, and then that the FCC actually uses its authority to enact and enforce rules that uphold the tenets of an Open Internet for years to come.

Read more here!

Fine print to plain english: things to look out for as a Kindle World author

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Photo Courtsey of  Jemimus Attribution 2.0 Generic

With books like Fifty Shades of Grey flying off the shelves, the question of the commercialization of fan fiction is once again at the forefront. While fan fic authors have been steadfastly devoted to their art since before the Internet, emerging technologies have brought about new scrutiny to what this community really means for traditional media giants and who, if anyone, should be able to profit from fan fiction.

About a year ago, Jeff Bezos decided to set aside some digital real estate just for the fan fic community. Amazon’s Kindle Worlds is an e-book publishing platform for fan fiction, and works like this: Amazon partners with copyright owners, like Alloy Entertainment, who license to Amazon its fan fiction publication rights. These licensors are known as “World Licensors,” and by licensing their “World,” fans can create and profit off of their fan fiction through a royalty system.

Among the first “Worlds” that made up this new universe were CW’s Gossip Girl, The Vampire Diaries, and Pretty Little Liars. Kindle Worlds has since added G.I. Joe, Veronica Mars, and seventeen other Worlds. The question is, why would readers buy works from Amazon when there is an endless supply of free fan fic from other Internet sites? Fanfiction.net, for one, is the world’s largest fan fiction archive and forum where writers and readers come together to do just this.  The recently launched Archive of Our Own (created by the Organization for Transformative Works) is another space online where fans have come together to share their  fan faction and other original fan works in a non-commercial space.

The difference of utilizing the Kindle Worlds platform has been boiled down to three main points: (1) monetization for authors (each e-book costs between $0.99 to $3.99, but this is set by Amazon); (2) does not require constant Internet connectivity; and (3) a minimal level of quality that Amazon ensures by having final say on what will be made available. See Kindle Worlds Publishing Agreement Section 7(c).

On that note, we’re going to get real with the Kindle Worlds Publishing Agreement. Here’s what we found to be important to keep in mind if you are, or are considering to become, a Kindle Worlds author.

New Media Rights #Oneof1000 Celebration

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Are you #Oneof1000?

New Media Rights was founded on the idea that legal services provided for the good of the public should take into account not only the financial need of a client, but the social good generated by the client’s activities.  As part of that mission New Media Rights provides direct legal services that help hundreds of people every year. Earlier this summer we passed the 1000 mark, that is to say we’ve provided direct legal services in over a thousand matters since 2010! And we think a little celebration is in order!

In order to celebrate we’ve got two big things planned. 1) A campaign we’re launching to get the word out about just how many people we’ve helped and grow our supporter base, and 2) a celebration we’re inviting you to August 21st at our new headquarters.  You can get tickets to the event here.

New Media Rights @ VidCon 2014!

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New Media Rights is excited to announce that we’ll be returning to VidCon 2014, THE conference for YouTubers. VidCon will take place at the Anaheim Convention Center June 26-28. And this year you’ll have a chance for a double dose of NMR copyright YouTube goodness!

If you’re attending the industry track, catch Executive Director Art Neill on the “Copyright on YouTube?” panel at 3pm Thursday in room 213.  In addition to Art, the panel will feature in house council from innovative companies like Corridor Digital and Loudr.

If you’re attending on the community track, you'll also have a chance to catch an awesome panel on copyright entitled appropriately enough “Copyright on YouTube” at 11am on Friday in room 202. Jon Bailey, the voice of Honest Movie Trailers will moderate the panel which will focus on the practicalities of copyright on YouTube.

So if you’re at VidCon, please stop by and check out these amazing panels!

Executive Director Art Neill to speak on user-generated and "fan" content at Copyright Society of the USA's Annual Meeting

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New Media Rights Executive Director Art Neill will be speaking on a panel Monday June 8 regarding user-generated content and fan productions at the Copyright Society of the USA's 2014 Annual Meeting.

FYI: US Copyright Office registration fees have increased

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As of May 1, 2014, the US Copyright Office has updated its fee schedule resulting in increased fees across most of its services. The following are three of the most relevant changes:

  • Fees for online applications are now $55, up from $35.
  • Fees for paper applications are now $85, up from $65.
  • The price of determining if some works are in the public domain is now $200 an hour, up from $165 an hour.

However, not all online registration fees are going up. If you have a single work to register (like a book) that was not a work made for hire, the registration fee will remain $35! A complete list of the new fees can be found here.

Its your turn to tell the FCC how to protect and promote the Open Internet

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On Thursday, May 15, the Federal Communications Commission (FCC) launched a 4 month rulemaking asking for "public comment on how best to protect and promote an open Internet." For months, regulators, consumer advocates, and service providers have wrestled over what the next steps should be after a court decision that threw out the FCC's previous open internet rules, adopted in 2010.

Now its your turn to share your ideas with the FCC. How we can promote and protect the Internet as a vital resource for years to come?

New Media Rights develops public interest principles to improve the efficiency of the DMCA notice and takedown system

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In November of 2013, New Media Rights responded to the Department of Commerce’s inquiry regarding the formation of a multistakeholder process to create a set of best practices for the DMCA notice and takedown process. That multistakeholder process has begun and New Media Rights wants to ensure that the voices of independent creators, small user generated content sites, internet users and remixers are represented.

As a first step, New Media Rights joined with a coalition of public interest groups, including the Electronic Frontier Foundation, The Center for Democracy and Technology, Public Knowledge and The American Library Association, to submit a set of principles for improving the efficiency of the notice and takedown system. These principals will not only make the process more efficient for all stakeholders but also make sure that creativity and free speech are not unnecessarily chilled. 

New Media Rights joins Electronic Frontier Foundation in urging reconsideration of dangerous Garcia v Google copyright ruling

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New Media Rights has joined the Electronic Frontier Foundation, Public Knowledge, and others in filing an Amicus Brief urging a federal appeals court to reconsider it's decision to order Google to take down the controversial "Innocence of Muslims" video in Garcia v Google.

Most of our work at New Media Rights is preventative and transactional, focused on helping people avoid legal problems and lengthy court battles before they begin. In this case, however, we've joined in filing this Amicus Brief because the recent decision, if not reconsidered, will have negative consequences for free speech that will directly affect the creators and innovators we assist.

As it stands, the court's decision threatens to create sprawling, poorly defined copyright protection in a variety of creative contributors, altering the way that copyright law protects contributions to film and video productions.

Fortress of Attitude defeats false bots takedown on YouTube

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In January 2013, we brought you the story of Fortress of Attitude who had their song “PS Gay Car” removed after it was misflagged for violating “TOU #4 Section H”, that is using Bots or other automated means to inflate a YouTube video’s view count. The good news is that video and its view have been fully restored only four months after the last appeal to YouTube! Granted we’re not sure which of our many appeals resulted in the video being restored since Fortress of Attitude never received any notice from YouTube that the video had been restored.

The bad news is that this is the only successful appeal we’ve seen in over a year of covering this issue. And even worse, despite the February 14th blog post from YouTube that seemed to indicate YouTube would start adjusting view counts of videos accused of bots inflation instead of removing videos; we’ve seen a recent influx of unsuccessfully appealed wrongful bots takedowns.

As much as we want to celebrate Fortress of Attitude’s victory, the reality is the bots problem on YouTube is still very real.

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