Thursday, February 15, 2007

Free Speech group EFF needs videographer in Syracuse (CraigsList) Date: 2007-02-15, 9:12PM EST we are looking for someone who has a good-quality Mini-DV camera and can produce good lighting (natural is fine) and sound (onboard is fine, it just has to be very clear) for a brief videotaped statement. this is to support an online free speech case. details here: http://www.10zenmonkeys.com/2006/11/01/eff-crook-dmca-lawsuit/ the subject to be shot is in/around Syracuse. we may be able to pay expenses for travel by car. if you respond to this note, EFF lawyers will contact you with more info. this video will be distributed widely across the webernets and we can offer a prominent production credit, as well as the warm, fuzzy feeling that you've helped EFF's ongoing defense of digital free speech. please respond with with your availability over the next week or so. 10:26:39 PM

Film Insurers Recognize Fair Use. Film Insurers Recognize Fair Use. Copyright law has long caused headaches for documentary filmmakers. Fair use allows for the use of brief excerpts of copyrighted material, but that doesn't stop some copyright holders from threatening lawsuits and demanding exorbitant licensing fees. Unless they clear every snippet, filmmakers are generally unable to get "errors and omissions" insurance, and, without that, it's basically impossible to get a film distributed and released in the theaters or TV. To help clarify the principle of fair use, a group of five national filmmakers organizations put together a Statement of Best Practices in Fair Use in 2006. The Statement provides guidance for lawyers, broadcasters and insurers as to what constitutes fair use. And happily, the Statement has had a dramatic effect. Cable programmer IFC has been guided by the Statement in deciding what documentaries to air, and now insurers are using it to extend coverage for filmmakers. National Union, a major insurer, has recently adjusted its policy to extend coverage for fair use. Filmmakers can now purchase insurance provided an attorney with experience in copyright law is willing to attest that the film falls within the fair use as defined in the Statement. This is tremendous news for independent filmmakers, who should find it easier to make their art and inform the public without fear of being shut down by legal threats. As Professor Bill McGeveran suggests at the Info/Law blog this could also be "a powerful approach" for other creative communities "to preserv[e] fair use without direct legal action." Let's hope so. [EFF: Deep Links] 5:28:30 PM

Media Giant Bullies Internet Critic. Media Giant Bullies Internet Critic. Discovery Communications Tries to Chill Speech with Baseless Legal Claims San Francisco - The Electronic Frontier Foundation (EFF) warned Discovery Communications, Inc., today to cease its demands for the removal of an online template that uses humor to help people criticize the media company. The "SpankMaker," located at http://www.spankmymarketer.com/, helps users create parodies of a controversial marketing campaign in connection with a Discovery television production. The online tool provides images from the marketing campaign and Discovery's corporate websites, and allows users to modify them with commentary. A lawyer for Discovery has demanded that the website operator remove the template, claiming it infringes Discovery's copyright and is used to defame the company. But in a letter sent in response today, EFF outlines how the use of the images in the template is clearly a non-infringing parody. EFF also explains that the comments that offended Discovery are not libelous and that, in any event, Section 230 of the Communications Decency Act protects the creator of the SpankMaker from liability for comments written by others. "Once again, a business is trying to use false legal claims to chill criticism," said Staff Attorney Corynne McSherry. "Fortunately, more and more, the targets of these kinds of threats are fighting back." EFF's letter is part of its ongoing campaign to protect online free speech. Earlier this month, EFF provided legal support for environmental activists who were threatened by the Chicago Auto Show after posting an Internet parody. In November, EFF reached an agreement with the corporate owners of the popular children's television character Barney the Purple Dinosaur to withdraw meritless legal threats against a website publisher who parodied the character. For EFF's response letter: http://eff.org/legal/cases/discoverycom_v_rubinstein/response_letter.pdf Contact: Corynne McSherry Staff Attorney Electronic Frontier Foundation corynne@eff.org [EFF: Breaking News] 5:14:41 PM

© Copyright 2007 Paul Hardwick. Last update: 3/4/07; 3:21:22 AM.