Commercial Felony Streaming Act
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The Commercial Felony Streaming Act () was a bill that was introduced to the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on May 12, 2011. It was proposed by
Amy Klobuchar Amy Jean Klobuchar ( ; born May 25, 1960) is an American politician and lawyer serving as the Seniority in the United States Senate, senior United States Senate, United States senator from Minnesota, a seat she has held since 2007. A member o ...
,
Chris Coons Christopher Andrew Coons (born September 9, 1963) is an American lawyer and politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from Delaware, a seat he has held since 2010. A member ...
, and
John Cornyn John Cornyn III ( ; born February 2, 1952) is an American politician, attorney, and former jurist serving as the Seniority in the United States Senate, senior United States Senate, United States senator from Texas, a seat he has held since 2002. ...
. It would have been an amendment t
US Code Title 18 Section 2319
that would make unauthorized
streaming Streaming media refers to multimedia delivered through a network for playback using a media player. Media is transferred in a ''stream'' of packets from a server to a client and is rendered in real-time; this contrasts with file downl ...
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 r ...
(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 admi ...
). 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 an American social media and online video sharing platform owned by Google. YouTube was founded on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim who were three former employees of PayPal. Headquartered in ...
. 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. Regarded as a pop icon, he is recognized for his multi-genre musical performances. He was discovered by record executive Scooter Braun in 2008 and subsequently brought to the U ...
was notably among the list of creators in opposition to the bill, and he stated that 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 The Stop Online Piracy Act (SOPA) was a proposed United States congressional bill to expand the ability of U.S. law enforcement to combat online copyright infringement and online trafficking in counterfeit goods. Introduced on October 26, 20 ...
which was ultimately never passed. In 2020, another bill with similar characteristics, the Protecting Lawful Streaming Act, which was specifically tailored to only target willful copyright infringement, was passed and signed into law by President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
.


See also

*
PROTECT IP Act The PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PIPA) was a proposed law with the stated goal of giving the US government and copyright holders additional tools to curb acce ...
*
Stop Online Piracy Act The Stop Online Piracy Act (SOPA) was a proposed United States congressional bill to expand the ability of U.S. law enforcement to combat online copyright infringement and online trafficking in counterfeit goods. Introduced on October 26, 20 ...
* Protecting Children from Internet Pornographers Act of 2011 * Protecting Lawful Streaming Act


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