CLBR #194: New Media Rights’ Art Neil on Fair Use App and GTFO

Featured Segment: Art Neill Returns to Discuss

New Media Rights Innovative Fair Use App
To Help Filmmakers And Online Video Creators

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Wed at 10AM PT/ 1PM ET on

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Listen to September 2014 Show Featuring Art

art2New Media Rights advises filmmakers, creators, and technology startups about copyright, fair use, and when they can and can’t reuse content.   New Media Rights staff and interns have filtered down many years of experience to produce an app that can help individuals better understand: 1) when they can reuse content, 2) how their choices affect a fair use argument, and; 3) when it’s time to talk to a lawyer. While the app isn’t intended to provide automated answers on specific fair use questions, it is helpful as a tool to help folks make better decisions about when and how to reuse content..

You can check out the new app at

Art is the founder of New Media Rights, and practices public interest law in the areas of internet, intellectual property, and communications law.  @ArtNeill 

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Third Circuit Affirms FTC’s Cyber Security Enforcement Role

The FTC won once again in its ongoing battle with Wyndham Worldwide Corporation over its authority to enter into enforcement actions for lack of cyber security. In 2014, the New Jersey federal court denied Wyndham’s motion to dismiss the FTC’s complaint and that decision has now been affirmed by the Third Circuit Court of Appeal.

Magistrate Gives RipOffReport Split Decision, Still May Be Prosecuted

In January, Xcentric Ventures, LLC, operator of (“ROR”), filed a federal lawsuit in Iowa seeking to block further investigation of its activities by Sac County, Iowa District Attorney Ben Smith.  Smith had indicted one ROR operative, Darren Meade, for witness tampering and other charges.   ROR sought an injunction blocking Smith from further pursuing the investigation and last week a federal magistrate recommended granting the injunction in part.  The court, however, recommended limiting the injunction only to Smith, such that it would not “prevent the Attorney General of Iowa, or a special prosecutor, from investigating potential criminal charges against plaintiffs.  So ROR is by no means out of danger of indictment.

Charlton Floate (UK) Pleads Guilty to Hacking FBI and UK Home Office


From Naked Security

His lawyers claim that their client was only on the “periphery” of a conspiracy to take down UK government and FBI sites, but a UK teen who didn’t mind boasting online about those crimes now faces the possibility of jail time.  . . .

The gang managed to knock out the UK’s Home Office site – a heavily used site that provides information on passports and immigration among other things – for 83 minutes. The group also took down an FBI site – that allowed users to report crime – for over five hours.


Thanks to Howard Shanker, Shanker Law Firm for Hosting CLBR

Today we are broadcasting from Tempe, Arizona from the offices of The Shanker Law Firm.  The firm brings together over 45 combined years of legal experience. The Firm provides quality representation to individuals, business entities, community groups, Native American Tribes, and environmental organizations. The Firm has a dedicated full service Adoption and Guardianship practice that focuses on full representation of Foster Families – DES Subsidized Adoptions, Blended Families, Relatives, Private Couples, Single Parents, Same-Sex Couples, Birth Mothers, and Birth Fathers.

Best Wishes to President Carter in Battling Cancer

In light of President Carter’s announcement, I published “The Carter Presidency Revisited” in Huffington Post, highlighting the President’s many overlooked accomplishments.

Krakatoa’s 132nd Anniversary

From Time Magazine’s Top 10 Famous Volcanos:  In 1883, the volcano on the Indonesian island of Krakatoa erupted with 13,000 times the power of an atomic bomb. The sound of the spewing smoke and rock was reportedly heard thousands of miles away, as far as islands off the eastern coast of Africa. Hundreds in a nearby Sumatran town died almost instantly when flaming ash incinerated their homes, and many more were washed away by subsequent megatsunamis. An estimated 36,000 or so perished in total.

World’s Most Famous Food Fight

La Tomatina is a festival that is held in the Valencian town of Buñol, a town located in the East of Spain 30 km / 19 miles from the Mediterranean, in which participants throw tomatoes and get involved in this tomato fight purely for fun. Since 1945 It has been held on the last Wednesday of August, during the week of festivities of Buñol.

Remembering Katrina

Saturday is the 10th Anniversary of Hurricane Katrina, a natural disaster compounded by man-made incompetence.