UCI IP, Arts & Tech Clinic

Intellectual Property, Arts, & Technology Clinic

IPAT Client, Director of “Let My People Vote,” Celebrates Passage of Amendment 4 in Florida

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Desmond Meade and Gilda Brasch

Congratulations to IPAT Clinic client Gilda Brasch, who for two years has been documenting the fight to restore ex-felons’ voting rights in Florida for her film Let My People Vote. On Tuesday, the voters of Florida passed Amendment 4 by a 64%-35% margin, restoring voting rights to well over a million individuals who have completed their sentences. Brasch’s film follows Desmond Meade, Executive Director for the Florida Rights Restoration Coalition, as he struggles to help people vote only to find that they have had their voting rights taken away. In the months since her film premiered, Brasch has been to Florida numerous times as the campaign to restore voting rights gathered steam. “I so appreciate the help of the Clinic’s filmmaker counseling team,” an overjoyed Brasch writes. “And I may be calling you again, because now I have to update the ending of the film.”

IPAT Clinic helps secure broader DMCA exemptions

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In another win for independent filmmakers, the award-winning UCI Law Intellectual Property, Arts and Technology Clinic directed by Prof. Jack Lerner, joined by co-counsel Donaldson + Callif, secured a renewal and modification of an exemption to the Digital Millennium Copyright Act (DMCA) to include fair use exemptions for fictional and narrative filmmakers. The Library of Congress ruling on October 26, 2018 renewed the existing exemption, which only applied to documentary filmmakers, and modified it so that fictional/narrative filmmakers also have their fair use rights restored where making fair use of content “for parody or its biographical or historical significant nature.” Without these exemptions, non-documentary filmmakers could not obtain content from DVDs, Blu-ray, and other encrypted media without fear of criminal liability, seriously burdening their ability to make fair use. The Clinic represented a coalition of major independent filmmaking organizations in the effort, led by the International Documentary Association, Film Independent, and Kartemquin Films.

Author groups are celebrating because the Librarian of Congress also modified an exemption to allow authors nationwide to access content from encrypted media for use in multimedia e-books. The previous exemption was limited to authors “offering film analysis.” Now, any non-fiction author will be able to use the exemption, greatly improving their ability to make fair use. The IPAT Clinic, together with co-counsel the Samuelson-Glushko Technology Law & Policy Clinic at Colorado Law, represented major author groups including Authors Alliance, the American Association of University Professors, the Organization for Transformative Works, and the Interactive Fiction Technology Foundation.

“It’s a great day for fair use,” Prof. Lerner said. “These new nationwide exemptions represent major breakthroughs in fair use rights for creators. I am incredibly proud of our UCI Law students, the amazing organizations who worked hard on this effort, our brilliant co-counsel teams at Donaldson + Callif and Colorado Law, and the allies and fellow travelers who came together to make this happen. Our passionate, inspiring clients and partners deserve endless thanks.”

The IPAT Clinic is a leading advocate for the fair use rights of creators. In 2016, the Clinic won a California Lawyer Attorney of the Year award for its work seeking DMCA exemptions on behalf of authors and filmmakers.

The Final Ruling from the U.S. Copyright Office and Library of Congress was published on October 26.

IPAT Clinic Sends Letter to Kern County DA Challenging Gag Order Imposed on Bakersfield Journalist

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Kern County Superior Court

 

In late July, Bakersfield news publisher Anthony “T.J.” Esposito received a letter from Kern County District Attorney Lisa Green ordering him not to publish or make any statements for public dissemination on the controversial criminal case of People v. Perez, involving a conflict-of-interest prosecution against Kern County Supervisor Leticia Perez. Ms. Green’s letter incorrectly identified Mr. Esposito as a potential witness and informed him that he is gagged by the Protective Order Against Publicity issued against the parties and witnesses of the criminal case. Mr. Esposito has not talked to any investigators.

As counsel for Mr. Esposito, IPAT Clinic students under the supervision of Professor Susan Seager sent a letter to the District Attorney urging that she send him a new letter confirming that he is not covered by the gag order. “Not only is the gag order inapplicable to Mr. Esposito, the entire gag order is unconstitutional,” said Reece Foster, a student in the clinic. “This is a classic prior restraint, which has been universally rejected by the Supreme Court and the California courts,” said Michelle Chea, another student in the clinic.

The letter, a press release, and accompanying documents are available at:
https://ipat.law.uci.edu/files/2018/11/Press-Release-Esposito-Gag-Order-2018-11-02-final.pdf.

Let My People Vote Wins Best Documentary Short at DTLA Film Festival

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Photo: Professor Jack Lerner, Director Gilda Brasch, and IPAT Certified Law Students Ashley Yee, Michelle Chea, and Reece Foster at Getting Real 2018 in Los Angeles.

Many congratulations to director Gilda Brasch, an IPAT client, on the news that her film Let My People Vote has won Best Documentary Short at the DTLA Film Festival! In advance of the November 2018 elections, the film has screened at multiple film festivals and community locations, where Gilda Brasch has offered thoughts on the film and on the import of its message: to restore voting rights for disenfranchised voters. The vérité short follows a day in the life of voting rights advocate Desmond Meade and his work to restore voting rights for ex-felons in Florida who have completed serving their sentences. Sponsored by the International Documentary Association with music donated by Moby to the film soundtrack, Let My People Vote demonstrates the heartbreaking persistence of harsh voting policies and ends with a powerful message in favor of voting rights for all Floridians.

The UCI Intellectual Property, Arts, and Technology Clinic is proud to have advised director Gilda Brasch in past months on the fair use of materials in Let My People Vote, allowing Brasch to screen the film with support and to exercise her fair use rights safely and responsibly. In light of the IPAT Clinic’s mission support civil liberties and innovation in the digital age, it has been our pleasure to work on a film that promotes civic engagement on behalf of the public interest.

In the past months, Let My People Vote has screened at multiple locations across America, including a national broadcast and Washington, D.C. screenings as part of the Meet the Press Film Festival. Upcoming screening dates include at the Hot Springs Documentary Film Festival on October 25, 2018.

Watch the trailer for Let My People Vote on the film website, and support it on its crowdfunding page. Those who cannot attend upcoming screenings before the upcoming state primary elections can view the full film online.

IPAT Clinic-Supported Documentary Screens at LACMA

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Artist Yayoi Kusama drawing in Kusama - Infinity. © Tokyo Lee Productions, Inc. Courtesy of Magnolia Pictures.

Artist Yayoi Kusama drawing in Kusama – Infinity. © Tokyo Lee Productions, Inc. Courtesy of Magnolia Pictures.

On August 30, the documentary film Kusama – Infinity screened at LACMA in Los Angeles to a standing-room-only audience, followed by an engaging post-screening conversation with the director, Heather Lenz. The documentary film details the work and life of the artist and writer Yayoi Kusama and had its first premiere at the Sundance Film Festival earlier this year.

UCI Law IPAT Clinic students including Jianna Yun, Karen Shin, and Julia Gaffney, under the supervision of Clinical Professor Jack Lerner, performed legal analysis for the film content, allowing the filmmakers to determine how to make fair use of film material responsibly and safely. To read more about Kusama – Infinity and IPAT Clinic’s legal contributions, please visit the film’s website and UCI Law’s blog post on its premiere at Sundance Film Festival.

The film will additionally screen at South Coast Village in Santa Ana, Orange County, starting on September 14, 2018. We look forward to seeing you there!