Commercial Felony Streaming Act
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The Commercial Felony Streaming Act () was a
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
that was introduced to the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on May 12, 2011. It was proposed by
Amy Klobuchar Amy Jean Klobuchar ( ; born May 25, 1960) is an American lawyer and politician serving as the senior United States senator from Minnesota, a seat she has held since 2007. A member of the Minnesota Democratic–Farmer–Labor Party (DFL), Minne ...
, Chris Coons, and
John Cornyn John Cornyn III ( ; born February 2, 1952) is an American politician and attorney serving as the senior United States senator from Texas, a seat he has held since 2002. A member of the Republican Party, he served as the Senate majority whip for ...
. It would have been an amendment t
US Code Title 18 Section 2319
that would make unauthorized
streaming Streaming media is multimedia that is delivered and consumed in a continuous manner from a source, with little or no intermediate storage in network elements. ''Streaming'' refers to the delivery method of content, rather than the content it ...
of copyrighted material for the purpose of "commercial advantage or personal financial gain", a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
(under US copyright law at the time, unauthorized streaming was only a
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
). The penalty could include up to five years of prison-time. The bill defined illegal streaming as streaming ten or more times in a 180-day period. Furthermore, the value of the illegally streamed material would have to be greater than $2,500, or the licensing fees would have to be over $5,000. Several articles were published, expressing concern as to whether the bill would have affected those who stream or post videos of copyrighted content (''e.g.'' video games, TV shows, music) on public sites such as
YouTube YouTube is a global online video platform, online video sharing and social media, social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by ...
. The bill did not directly address this aspect. Although the bill would never become law, there was an outcry with several negative reactions against it on YouTube and other websites during the summer of 2011. Singer
Justin Bieber Justin Drew Bieber ( ; born March 1, 1994) is a Canadian singer. Bieber is recognized for his genre-melding musicianship and has played an influential role in modern-day popular music. He was discovered by American record executive Scooter ...
was notably among the list of creators in opposition to the bill, and he stated that
U.S. Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
Amy Klobuchar, the bill's sponsor, "needs to be locked up, put away in cuffs". Both Klobuchar and Coons stated that the bill was not intended to affect the aforementioned aspects, instead it would only target websites or people who profit from illegally streaming copyrighted material.


Status

The bill was considered in committee and introduced to the full chamber during the 2011 congressional session. However, it never received a vote on the Senate floor, and its content was consolidated months later into the Stop Online Piracy Act which was ultimately never passed.. In 2020, another bill with similar characteristics, the
Protecting Lawful Streaming Act The Protecting Lawful Streaming Act of 2020 is a United States law that makes it a felony to engage in large-scale streaming of copyright material. The bill was introduced by Senator Thom Tillis on December 10, 2020. The bill was added to the omn ...
, which was specifically tailored to only target willful copyright infringement, was passed and signed into law by President Donald Trump.


See also

* PROTECT IP Act * Stop Online Piracy Act *
Protecting Children from Internet Pornographers Act of 2011 The Protecting Children from Internet Pornographers Act of 2011 () was a United States bill designed with the stated intention of increasing enforcement of laws related to the prosecution of child pornography and child sexual exploitation offenses. ...
*
Protecting Lawful Streaming Act The Protecting Lawful Streaming Act of 2020 is a United States law that makes it a felony to engage in large-scale streaming of copyright material. The bill was introduced by Senator Thom Tillis on December 10, 2020. The bill was added to the omn ...


References


External links


The text of the bill

Official version
as received by the Senate United States proposed federal intellectual property legislation United States proposed federal criminal legislation Proposed legislation of the 112th United States Congress {{US-fed-statute-stub