Lawmakers are cramming additional proposals into the omnibus spending bill that must be passed before Dec 11, including one that would classify illegal streaming of copywritten material, Protocol reports.
The House and Senate Judiciary Committees agreed to include three additional provisions in the end of the year omnibus bill. The Copyright Alternative in Small-Claims Enforcement Act (CASE Act), the Trademark Modernization Act and a felony streaming proposal will be included in the bill which must pass by Dec 11 to keep the government from shutting down, according to congressional sources, Protocol reports.
The CASE Act would create a small claims court for online media producers to crack down on those stealing their content. The Trademark Modernization Act would "restore the rebuttable presumption of irreparable harm" when a trademark infringement occurs, according to IPWatchdog.com. And lastly, a proposal to upgrade illegal streaming of copywritten online media from a misdemeanor to a felony is the third component to the package.
Republican Senator Thom Tillis is behind the push for making illegal streaming a felony, which if enacted, would mean real jail time for illegally watching movies online, illegally listening to music, etc.
"A felony streaming bill would likely be a chill on expression,” Katharine Trendacosta said, associate director of policy and activism with the Electronic Frontier Foundation, Sludge reports.
"We already see that it’s hard enough in just civil copyright and the DMCA for people to feel comfortable asserting their rights. The chance of a felony would impact both expression and innovation," he continued.
The added pieces of legislation have received great pushback from tech trade organizations, library associations and other interest groups. Eighteen different tech organizations have urged congressional leadership to not follow through with the legislation package, according to a letter obtained by Protocol, Friday.
"We respect Congress's intent to improve our intellectual property system and protect the rights of creators and entrepreneurs," the Internet Association, the Electronic Frontier Foundation, American Library Association and fifteen other interest groups wrote in a letter to Congress.
"However, certain aspects of this package of bills will have negative impacts on small- and medium-sized businesses, creators, libraries and their patrons, students, teachers, educational institutions, religious institutions, fan communities, internet users, and free expression," the letter continued.
Sen. Tillis was recently reelected for another 6 year term. He reportedly received a surge of campaign funds from the entertainment industry, who notoriously lobby congressmen into pushing for stricter copyright enforcement.
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