Tuesday, January 5, 2021
One of the provisions included in the Consolidated Appropriations Act that President Trump signed into law on December 27, 2020 addresses the so-called “felony streaming” loophole in the Copyright Act and criminal code. Sponsored by Sen. Thom Tillis (R-NC), the “Protecting Lawful Streaming Act” adds a new section 2319C to title 18 of the U.S. Code to specifically, and narrowly, target certain commercial enterprises that are provided or offered to the public for the purpose of, or that have no commercially significant purpose or use other than, or are intentionally marketed to promote their use in, publicly performing, via digital transmissions, copyrighted works without lawful authorization. The legislative history confirms that this provision is not intended to subject “mainstream” internet service providers and streaming services or their customers to felony penalties.