Answers to questions about Copyright in 2021 [Electronic Frontier Foundation]
Although they were easy to miss in the end of year kerfuffle, serveral new copyright bill and proposals were not only announced, but in some cases have already gone into law. Here, here we answer some questions about what the copyright landscape will look like moving into 2021.
In all the madness that made up the last month of 2020, a number of copyright bills and proposals popped up some even became law before most people had any chance to review them. So now that the dust has settled a little and we have some better idea what the landscape is going to look like, it is time to answer a few frequently asked questions.
In all the madness that made up the last month of 2020, a number of copyright bills and proposals popped up some even became law before most people had any chance to review them. So now that the dust has settled a little and we have some better idea what the landscape is going to look like, it is time to answer a few frequently asked questions.
What Happened?
In December 2020, Congress was rushing to pass a massive spending bill and coronavirus relief package. This was “must-pass” legislation, in the sense that if it didn’t pass there would be no money to do things like fund the government. Passing the package was further complicated by a couple of threats from President Trump to veto the bill unless certain things were in it.
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.