Policy Advocacy

On Friday, March 28, the FCC’s Consumer Advisory Committee approved an important recommendation to modernize and improve the way we bring high-speed broadband to classrooms and libraries around the county.  New Media Rights Executive Director Art Neill, and Legal Interns Marko Radisavljevic and Kyle Welch were directly involved in the research, drafting, and proposal of this recommendation.

New Media Rights’ Executive Director Art Neill is a member of the CAC, and co-chair of the Broadband Working Group. 

New Media Rights conducted an extensive review of the FCC’s E-rate program, including analyzing a vast amount of input on the program from a variety of stakeholders. Based on this research, New Media Rights’ staff and interns helped lead the efforts to draft a recommendation encouraging the FCC to modernize and improve the 18 year old E-rate program for the 21st century.  The recommendations include both general priorities as well as specific process priorities that will improve the E-rate program. 

Photo Some rights reserved by alexdecarvalho

Thanks to your votes, New Media Rights is heading to SXSW interactive in Austin, Texas. On Tuesday March 11^th at 12:30PM in the Driskill Hotel Ballroom we’ll be presenting our panel “Stand Up To Content Bullies, Know Your Copy Rights”.

At New Media Rights we know copyright laws are complicated, and they're often the reason why your videos, mobile apps, and other content may get taken down. "Fair use" is complicated, but it's often the reason you can get your content back up. Our panel will teach real-world best practices to use the law, YouTube's rules, and practical steps to fight back against content bullies.

Not only will we provide SXSW audiences with great best practices developed from our many years helping video creators but pop culture hacker Jonathan McIntosh will join us as our special guest creator.  Johnathan is a pop-culture hacker and remix artist that we helped get his video Buffy vs Edward: Twilight Remixed put back up on YouTube after it was taken down by content bullies. McIntosh’s pro-feminist video is a metaphor for the ongoing battle between two opposing visions of gender roles in the 21st century. Over the past three years, this video has been used in law school programs, media studies courses and gender studies curricula across the world.  Who better to talk about standing up to content bullies than a highly skilled content creator who has stood up to content bullies and actually won!

If you’re at SXSW please come by to hear what should be an amazing panel (if you’re not at SXSW you can follow our session on twitter using #nmr).

Photo Some rights reserved by Santos "Grim Santo" Gonzalez

UPDATE: 2-19-14

It could be entirely coincidental but on February 14th the official YouTube Creators blog had a post about bots inflation on YouTube. You can read the whole blog here. The blog certainly isn’t a complete response to our blog nor does it address the many complex layers of the Bots problem but it does recognize two important things.

First it recognizes the importance of likes and comments to the YouTube community and acknowledges that these “interactions both represent and inform how creators connect with their audience.” This was one of the biggest complaints we heard from creators. Not just that their videos were taken down but that they permanently lost the likes, insightful comments and best wishes from their fans. Even when creators reposted their videos they were unable to recover this part of their community.

Second, the blog may suggest that YouTube may focus on auditing view counts as opposed to taking videos down. The blog states that:

As part of our long-standing effort to keep YouTube authentic and full of meaningful interactions, we’ve begun periodically auditing the views a video has received. While in the past we would scan views for spam immediately after they occurred, starting today we will periodically validate the video’s view count, removing fraudulent views as new evidence comes to light. We don’t expect this approach to affect more than a minuscule fraction of videos on YouTube, but we believe it’s crucial to improving the accuracy of view counts and maintaining the trust of our fans and creators.

Although YouTube has been auditing views for some time now, there has been an inconsistent policy of removing some videos while simply auditing views of other videos. If YouTube’s new plan is to audit views instead of taking videos down; we support that plan. Almost every single creator who we talked to wanted a way to remove fraudulent views from their accounts. These creators are part of the YouTube community and believe in the importance of accurate view counts.  However, these creators don’t want to be punished when someone out of their control uses Bots on their account. By reducing view counts instead of taking down videos, the potential use of Bots attacks for censorship purposes greatly decreases, which was one of our biggest concerns.

That said if the recent blog doesn’t match reality we want to hear about it.  After all, it could be a complete coincidence that this blog was released shortly after our own blog. It is still entirely plausible that nothing is actually changing and YouTube intends to continue to ignore problematic Bots related takedowns. That said, if you video was wrongfully taken down for bots inflation AFTER February 14, 2014 we want to hear about it.

On the anniversary of the SOPA blackout we recognize that copyright reform is badly needed for the digital age.  This reform need not, and should not, take the form of any radical evisceration of copyright. At the same time, reform should not be used as an opportunity to continue unreasonable expansion of copyright law without concern for the collateral damage it causes to artistic progress, freedom of speech, and the intellectual enrichment of the public.  Rather, much like one would tend to a garden, it is time we examine our current copyright law, remove the old weeds of law that no longer serve us, and plant the seeds of new law that will help to foster  a new generation of artists and creators. And above all, the removal of those weeds must be a transparent process where all voices are heard.

Fair use is one of the most important parts of copyright law. At New Media Rights we help guide creators through fair use on a daily basis. We also help innovative artists fight back against content bullies that don’t respect fair use.