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If there s one thing you could change in US copyright law, what would it be? Bill Patry, Senior Copyright Counsel at Google, says he would revise the current system where copyright holders can demand up to $150,000 in statutory damages, as it enables a copyright troll industry. At the same time, the seasoned lawyer warns that copyright trolls will exploit the new CASE Act too.
In many ways the U.S. is seen as the standard when it comes to copyright law. In some cases, it almost appears to be an export product in itself.
However, there are some American copyright elements that remain fairly unique.
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It may come as some surprise that embedded within the over 5,500-pages of the recent COVID-19 relief and government funding bill (the Consolidated Appropriations Act) are several (not-insubstantial) changes to copyright and trademark law and procedure.
Specifically, the relief package which was signed into law on December 27, 2020 incorporated the Trademark Modernization Act of 2020, the Copyright Alternative in Small-Claims Enforcement Act of 2020, and the Protecting Lawful Streaming Act, which bring significant developments in the field of intellectual property and will certainly impact the actions of intellectual property owners and third parties alike.
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Speaker of the House Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) speak after a press conference on Capitol Hill on December 20, 2020 in Washington, DC. Republicans and Democrats in the Senate finally came to an agreement on the coronavirus relief bill and a vote is expected on Monday.
Within the omnibus budget appropriation and COVID-19 relief legislation passed late Monday night by both houses of the U.S. Congress are several long-sought measures for the music business: the CASE Act (Copyright Alternative in Small Claims Enforcement Act), the Protecting Lawful Streaming Act, and the Save Our Stages Act, which reserves $15 billion in aid for independent music venues, Broadway theaters and museums.
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The US Congress has passed a COVID-19 stimulus bill that includes an anti-piracy proposal that would punish for-profit, illegal streaming services with felony penalties of up to 10 years in jail.
Passed by Congress on Monday night (December 21), the US$900billion stimulus package will revive unemployment benefits and launch a round of $600 stimulus payments to many Americans, among other provisions.
The 5,000-page bill also includes a proposal by Republican senator Thom Tillis, introduced less than two weeks ago, that aims to increase the penalty for operating a for-profit illegal streaming service, writes the
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The bill proposes criminal penalties for operators of commercial sites who “willfully, and for purposes of commercial advantage or private financial gain, offer or provide to the public a digital transmission service” of unauthorised media.
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US Congress passed the spending bill a few hours ago. The legislation package includes the CASE Act, which establishes a tribunal for small copyright claims. A proposal to criminalize streaming piracy services also passed as part of the omnibus bill.
Earlier today Congress approved the 5,593-page spending bill.
In addition to the necessary paperwork to keep the Government running, the bill also included COVID-19 relief measures and other last-minute additions.
Copyright Proposals Passed
These late additions include two controversial pieces of copyright legislation: the CASE Act and a new felony streaming proposal. Both were passed as part of the package with little to no discussion.