| May 12, 2011 - Reported in Senate. This is the text of the bill after coming out of committee in the Senate. This is the latest version of the bill currently available on GovTrack. S 978 RS Calendar No. 77 112th CONGRESS 1st Session S. 978 To amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes. IN THE SENATE OF THE UNITED STATES May 12, 2011 Ms. KLOBUCHAR (for herself, Mr. CORNYN, and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary June 20 (legislative day, June 16), 2011 Reported by Mr. LEAHY, without amendment A BILL To amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CRIMINAL INFRINGEMENT OF A COPYRIGHT. (a) Amendments to Section 2319 of Title 18- Section 2319 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following: ‘(2) shall be imprisoned not more than 5 years, fined in the amount set forth in this title, or both, if-- ‘(A) the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and ‘(B)(i) the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, would exceed $2,500; or ‘(ii) the total fair market value of licenses to offer performances of those works would exceed $5,000;’; and (2) in subsection (f), by striking paragraph (2) and inserting the following: ‘(2) the terms ‘reproduction’, ‘distribution’, and ‘public performance’ refer to the exclusive rights of a copyright owner under clauses (1), (3), (4), and (6), respectively of section 106 (relating to exclusive rights in copyrighted works), as limited by sections 107 through 122, of title 17;’. (b) Amendment to Section 506 of Title 17- Section 506(a) of title 17, United States Code, is amended-- (1) in paragraph (1)(C), by inserting ‘or public performance’ after ‘distribution’ the first place it appears; and (2) in paragraph (3)-- (A) in subparagraph (A), by inserting ‘or public performance’ after ‘unauthorized distribution’; and (B) in subparagraph (B), by inserting ‘or public performance’ after ‘distribution’. Calendar No. 77 112th CONGRESS 1st Session S. 978 A BILL To amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes. June 20 (legislative day, June 16), 2011 Reported without amendment |
Go there...
http://www.govtrack.us/congress/billtext.xpd?bill=s112-978
This is what sticks out to me. Especially the "total retail value"....
‘(A) the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and
‘(B)(i) the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, would exceed $2,500; or
‘(ii) the total fair market value of licenses to offer performances of those works would exceed $5,000;’; and
Don
S.978 - A bill to amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes.
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- <li><em>Official:</em> A bill to amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes.<em> as introduced.</em></li>
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OpenCongress Summary
Makes unauthorized web streaming of copyrighted content a felony with a possible penalty of up to 5 years in prison. Illegal streaming of copyrighted content is defined in the bill as an offense that "consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works" and has a total economic value, either to the copyright holder or the infringer, of at least $2,500.Organizations Supporting S.978
- American Federation of Television and Radio Artists
- Directors Guild of America
- International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States
- Screen Actors Guild
- Motion Picture Association of America
- Recording Industry Association of America
- ...and 43 more. See all.
Organizations Opposing S.978
- U.S.W.G.O.
- Demand Progress
- Electronic Frontier Foundation
Recent News Coverage
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Swartz v. United States
S.978 proposes that streaming an online video, or uploading a video that someone else streams, more than 10 times in 6 months, be made illegal. This would affect anyone who watched or uploaded a copyrighted video clip on YouTube more than 10 times in 6 ..
Objection! #13: The Case of the Stifled Streams
Senate bill 978 (called S.978 for short) is going to be a pain in the ass, if it passes. If you haven't heard about it, it's a putative law being considered on the Senate floor right now that will totally alter the landscape of the Internet, ...
Hal Halpin Guest Stars on Pro Gaming Insider Podcast
Hal Halpin, President of the Entertainment Consumer Association (ECA) be a guest on the Pro Gaming Insider podcast to discuss the ramifications of the U.S. Senate's anti-streaming bill (also known as Bill S.978). Bill S.978 is a bill to "amend the crimin
Recent Blog Coverage
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Expert Analysis: Bill S. 978 | GamePolitics
S.978, the "anti-streaming bill" has been introduced in Congress, apparently in response to the White House's Intellectual Property Enforcement Legislation Recommendations white paper (PDF), which recommended to Congress ... -
Expert Analysis: Bill S. 978 « Rants and Raves By KiNgDeeM
S.978, the “anti-streaming bill” has been introduced in Congress, apparently in response to the White House's Intellectual Property Enforcement Legislation Recommendations white paper (PDF), which recommended to Congress ... -
Bill S.978
Tell Congress to oppose S. 978, the new "Ten Strikes" bill. PLEASE. Here they go again: Big business's lobbyists are launching another attack on Internet freedom. Senators are considering a "Ten Strikes" bill to make it ...
Latest Letters to Congress
- S.978 A bill to amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes. SoldierOfRazgriz August 06, 2011
I am writing as your constituent in the 4th Congressional district of Kentucky. I am writing as your constituent in the 4th Congressional district of Kentucky. I oppose S.978 - A bill to amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes., and am tracking it using OpenCongress.org, the free public resource website for government transparency and accountability.
According the the users of OpenCongress, The community has voted as of now, 99%... - S.978 A bill to amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes. RobertPaulson August 06, 2011
I am writing as your constituent in the 3rd Congressional district of Texas. I oppose bill S987 completely. I would be absolutely disgusted with any elected official who would support such a bill. Reading the content of the bill, one can see that it is extremely ambiguous. The way it reads to me, it can be applied to both those who upload the copyrighted material AND those who view it.
Please note that 'streaming' isn't just downloading and torrents. Watching a YouTube video is streaming... - S.978 A bill to amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes. BobbyisYoda August 06, 2011
I oppose S.978 - A bill to amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes., and am tracking it using OpenCongress.org, the free public resource website for government transparency and accountability.
This is a clear example of the government trying to take away the public's First Amendment rights. It is also the first step towards a government-regulated internet.
This bill should be stopped as soon as possible and I might add that it al...
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http://www.opencongress.org/bill/112-s978/show
- Ten Strikes Bill S. 978
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- Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress)
- Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress)
- Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress)
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