Policy Advocacy

"Without New Media Rights, my latest film would have been in jeopardy.  Instead, it won a standing ovation at the Venice Film Festival, and at IDFA (International Documentary Festival Amsterdam), and is designated a New York Times CRITICS' PICK.  It has also qualified for Oscar® consideration.  

But back when my team and I were obscure and struggling, I couldn't afford society prices for counsel, and needed an attorney's opinion on many fronts.  My documentary is a research/educational/study "essay film," in which several world-class experts deconstruct and analyze various images from all variety of media.  Fair Use allows us to include these short clips throughout the film.  Getting opinions on Fair Use, creating legal documents, obtaining last minute advice on strategy or bargaining situations, whenever I needed complex help or simple assistance, NMR was there for me."  

On July 31, 2013 The United States Department of Commerce, United States Patent and Trademark Office and National Telecommunications and Information Administration released a Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy.  On September 30, 2013 they released a request for comments on that paper. All three offices were particularly interested in how copyright law could be reformed to better promote the growing digital economy.  The request for comments was incredibly broad and ranged from questions about the first sale doctrine as it relates to digital goods to the role of fair use in remix culture.

In our November 13, 2013 comment New Media Rights sought to address three of the most critical issues that affect the remixers, entrepreneurs, creators and internet users we work with every day. First, our comments addressed five key copyright law problems that need to be solved to help remix creators spend their time creating rather than fighting legal disputes including the current failure of 17 USC §512(f) to protect creators from content bullying. Second, we discourage the widespread implementation of intermediary licensing modeled off YouTube’s Content ID system because it is not, in fact, an intermediary licensing system. We also explain the implementation of such a system could be incredibly detrimental to users’ rights largely due to the lack of an effective appeals process and various design challenges in the system. Finally, we address the Department of Commerce’s question regarding how best to go about fashioning a multistakeholder process that would create a working set of best practices for the DMCA. We hope that our comments in these three areas will spark discussion and encourage badly needed copyright reform for the digital age. 

We're thrilled to announce that one of our clients, the Dark Mod Team at Broken Glass Studios, recently launched the standalone version of their wildly popular open source game, the Dark Mod! Here's is a testimonial from the Dark Mod Team about how New Media Rights helped them launch their game. The Dark Mod is a completely open source, free to download and play game created by hundreds of dedicated volunteers all over the world, and bills itself as "Stealth Gaming in a Gothic Steampunk World."

It's an example of the best kind of collaborative creativity the internet enables, bringing to together, artists, designers, and programmers from across the planet to create something for the public.  Here's a quote from the Dark Mod

"In our case, they went into significantly more detail in gathering all the information and aspects of our specific issues, doing hard research on all the legal issues potentially raised, and then packaging it all into a weighty brief that not only answered our most pressing questions, but also was written in a practical way we could actually use as working developers.

NMR is in the business of assisting digital artists in getting their creations to the world in the right way. There are so many complex issues out there, that by itself the simple desire to do things legally and properly isn't enough. We need guidance. And as my original searches confirmed, I couldn't find any other group that was even looking at the questions we needed answered except NMR, to say nothing of a group willing to offer free assistance in meeting our goals, to say nothing of going to the great lengths NMR went to do it. NMR did all of these things."

Click here to read their full story of how New Media Rights helped the Dark Mod.

California recently passed a new law criminalizing the posting of revenge porn. Revenge porn occurs when an individual, usually a former lover, post nude pictures or video taken during the course of the relationship of the other individual without that individuals consent. As the name implies, it’s usually done as an act of revenge after a particularly nasty fight or break-up.    If convicted under California’s new law individuals could face up to six months in jail or a $1,000 fine. The law only affects a very small portion of revenge porn victims.  Here’s what the law doesn’t protect:

It won’t protect your selfies.

Did you take the picture yourself? Unfortunately this new law only applies to photos taken by someone else. The good news is, however, if you took the photo you automatically have a copyright in that photo and may be able to file a DMCA takedown notice to get the picture taken down.  If you need help sending a takedown notice feel free to contact us.

Yesterday New Media Rights joined a broad coalition of 14 public interest groups asking lawmakers not to grant "fast-track" authority for trade agreements, including the Trans-Pacific Partnership (TPP). The TPP is a complex multi-national agreement that could rewrite international rules of copyright enforcement. If fast-track authority was granted Congress would not review the TTP at all, leaving no room for amendments, review or accountability for a treaty that was negotiated in near-total secrecy. As stated in the letter:

The American public has a right to know the contents of the international agreements its government is crafting. Corporations cannot be the only interests represented in this agreement, since they do not advocate for policies that safeguard or even represent the interests of the public at large. Given the administration's complete lack of transparency in negotiating the TPP, it is vitally important that democratically elected representatives are at least given the opportunity to conduct a review and push for fixes.

Right now the public has no way of knowing what the text of the TPP even says. The only reason we even have any idea what some of the agreement may end up saying is due to a leak of the "Intellectual Property" chapter in February of 2011. That leak contained some pretty scary stuff, including formalizing the U.S. ban on circumventing Digital Rights Management (DRM) software worldwide. The affect of exporting enforcement measures to parts of the world that don't have safety valves like fair use could be disastrous for remix creators.

It’s been a year since the Lansdowne Library Teen Advisory Board created a video to promote reading based on Michael Jackson’s iconic “Beat It,” video. After it was posted on YouTube, Sony took down the video claiming the parody was “copyright infringement.” But after taking a bit a beating in the press for content bullying these amazing teens, Sony rescinded its claim and the video went back up.

That was the end of the story until now. Recently, the audio to the parody video was muted through YouTube’s Content ID system. The Library called Sony, but Sony claimed there was nothing they could do, that video was caught in what Sony called the “Youtube Vortex.” Together Lansdowne librarian Abbe Klebanoff and New Media Rights have now gotten the teens’ video restored using Youtube’s appeals process, but the story is a reminder that content bullying is alive and well.

New Media Rights is proud to announce that we’ll be joining Denise Howell on This Week in Law(TWiL), two weeks in a row! First up, catch New Media Rights Executive Director Art Neill on TWiL on October 25.  And on November  1^st , Staff Attorney Fellow Teri Karobonik and former Assistant Director and current NMR Advisory Board Member Shaun Spalding, will be on the show.

TWiL discuss breaking issues in technology law including patents, copyrights, and more.  The show records live every Friday at 11:00am PT/2:00pm ET.

Photo courtesy of Berkeley Lab Creative Commons Attribution, noncommercial, No Derivatives 2.0 License

Are you a lawyer or just fascinated by intellectual property law? Then come join New Media Rights Art Neill and Teri Karobonik November 7-9 at the 2013 IP Institute in Berkley, California hosted by the Intellectual Property Law Section of The State Bar Of California.

New Media Rights Executive Director, Art Neill, will also be on a panel called Copyrights or Copywrongs: Is the Current System Working?

The rapid advance of technology has made the Copyright Act, drafted years ago in an analog
era, a difficult fit for digital times. Technology companies and Internet-savvy individuals are pushing the envelope of copyright law. Content holders, including so called “trolls”, are digging in and fighting back. Can we ever get along? And do we need to?

The panel will include other big names in the world of IP including Mitch Stoltz, Electronic Frontier Foundation; Gill Sperlein, Law Offices of Gill Sperlein; Karen Thorland, Senior Vice President Global Content Protection Counsel MPAA and George M. Borkowski, Freeman Freeman & Smiley, LLP.

You can find out more about the IP Institute and register here.

We hope to see you there!