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Our new book: Don't Panic :) A Legal Guide (in plain english) for Small Businesses and Creative Professionals

Ever wonder what sorts of issues you may encounter as a creator or entrepreneur, and when you might want to reach out to a real life lawyer? That’s what our book "Don't Panic: A Legal Guide (in plain english) for Small Businesses and Creative Professionals" is all about. This book is designed to help you through the legal issues you may run into as a creator, entrepreneur, or innovator. 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. While this book is not a substitute for legal advice, it can serve as a helpful guide to preventing and resolving legal issues.

NMR Testimonial: Brave New Films Releases Documentary on Gun Violence in America

Our client, the non-profit Brave New Films, has created a powerful, eye-opening documentary about gun violence in America entitled Making a Killing.  The New Media Rights team, including law students Erin P. Murphy-Girard and Joshua Pedersen and Executive Director Art Neill, worked closely with Brave New Films providing key legal services necessary to complete the film.

 

USPTO/NTIA offer up practical steps to sow the seeds of copyright reform

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)

How do I find the copyright holder?

CC0- Unsplash

At New Media Rights we get quite a few questions about how to find out who owns a copyrighted work. In this new guide we’ll talk about:

  • Whether or not you need to get permission to use the work.
  • How to get permission if the creator is still alive.
  • How to get permission of the author is dead.
  • Orphan works and what happens when you can’t find the author.

NMR launches law school IP and entrepreneurship clinics list!

As we've written about before there's a major justice gap when it comes to creators and entrepreneurs having access to critical legal services. While we do our best to provide free and low cost legal services, we’re only one organization. That's why we’ve created a national list of law school legal clinics as a resource to creators, entrepreneurs and even other lawyers to help find other legal clinics fighting to fill the justice gap. The clinics on the list typically provide completely free or low cost services depending on if you qualify and they have the capacity to take on new issues. Check out the complete list here.

 

California Western law student helps launch new veteran's radio show, "Incoming: Stories of Veterans told in their own words"

San Diego’s KPBS and preeminent literary & performing arts nonprofit, So Say We All, just launched a new radio show called Incoming: Stories of Veterans told in their own words.  It is a powerful, diverse set of stories where veteran’s tell own their stories..  You can hear the entire new series here on KPBS as well as Soundcloud.  The program also features music composed and performed by local San Diego musicians.

California Western School of Law and New Media Rights program student (and now graduate!), Ella Ahn, provided the legal services that made this series happen.  Learn more and hear the entire series in this post.

May newsletter: The legal issues today’s journalists, creators, and entrepreneurs share

The legal issues today’s Journalists, Creators, and Entrepreneurs share
In our 9 year history providing legal services on over 1400 individual matters, we’ve tracked a significant convergence in the legal needs of journalists, creators and entrepreneurs. This convergence is the result of the rise in the importance of nonprofit and independent projects and the common use of the internet as the means of distribution. As a result, a common set of core legal issues has emerged among journalists, creators, and early stage tech entrepreneurs.  Click here to check out the top 10 legal issues these groups share, and to learn about ways you can help us meet the growing demand for legal services.
Become a Organizational Supporter!
If you or your organization are already a Supporter, you know the benefits it brings, and and the tremendous impact you make.  If you aren't a Supporter already, what are you waiting for?  Check out the benefits of being a Supporter here.
 
Year Round Clinic for CWSL students!
We're proud to announce that our Internet & Media Law Clinic will now be offered year round at California Western School of Law!  The clinic provides students with experience working one-on-one with Internet & Media law clients in the field, as well as knowledge and skills regarding regulatory and policy work, scholarship, and public education and outreach. This year, clinic students will help us reach a milestone of providing services on our 1400th matter. We remain an independently funded program, so we also want to thank our individual supporters and foundations that allow us to assist clients and train students.
Applications are now open for fall, and close on June 9th!
 

 

The top 10 legal issues today’s Journalists, Creators, and Entrepreneurs share

“For too many journalists, one lawsuit could bankrupt them or their newsroom.” -Josh Stearns, GR Dodge Foundation

In our 9 year history providing legal services on over 1400 individual matters, we’ve tracked a significant convergence in the legal needs of journalists, creators and entrepreneurs. This convergence is the result of the rise in the importance of nonprofit and independent projects and the common use of the internet as the means of distribution. As a result, a common set of core legal issues has emerged among journalists, creators, and early stage tech entrepreneurs.  We share the top 10 areas of convergence below.

Photo credit: "A Bridge to Nowhere" by Paolo Crosetto on Flickr, used via Creative Commons Attribution-ShareAlike 2.0 license

NMR Testimonial: AS220

AS220 is an artist-run organization committed to providing an unjuried and uncensored forum for the arts. AS220 offers artists opportunities to live, work, exhibit and/or perform in its facilities, which include several rotating gallery spaces, a performance stage, a black-box theater, a print shop, a darkroom and media arts lab, a fabrication and electronics lab, a dance studio, a youth program focusing on youth under state care and in the juvenile detention facilities, four dozen affordable live/work studios for artists, and a bar and restaurant.

Click here to read their full story of how New Media Rights helped AS220.

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