Senator Thom Tillis (above), who authored the felony streaming legislation, launched a "discussion draft" of the so-called Digital Copyright Act. (Photo by Tom Williams-Pool/Getty Images)
The CASE Act Is Just the Beginning of the Next Copyright Battle
Internet users and innovators, as well as the basic legal norms that have supported online expression for decades, are under attack.
As we feared, the "Copyright Alternative in Small-Claims Enforcement Act"--the CASE Act--that we've been fighting in various forms for two years has been included in a "must-pass" spending bill. This new legislation means Internet users could face up to $30,000 in penalties for sharing a meme or making a video, with liability determined not by neutral judges but by biased bureaucrats.
The CASE Act is supposed to be a solution to the complicated problem of online copyright infringement. In reality, it creates a system that will harm everyday users who, unlike the big players, won't have the time and capacity to negotiate this new bureaucracy. In essence, it creates a new "Copyright Claims Board" in the Copyright Office that will be empowered to adjudicate copyright infringement claims, unless the accused received a notice, recognizes what it means, and opts out--in a very specific manner, within a limited time period. The Board will be staffed by "claims officers," not judges or juries. You can appeal their rulings, but only on a limited basis, so you may be stuck with whatever amount the "claims board" decides you owe. Large, well-resourced players will not be affected, as they will have the resources to track notices and simply refuse to participate. The rest of us? We'll be on the hook.
It is a hot mess of a bill that will rewrite decades of copyright law, give the Copyright Office (hardly a neutral player) the keys to the Internet, and drastically undermine speech and innovation in the name of policing copyright infringement.
The relief bill also included an altered version of a felony streaming bill that is, thankfully, not as destructive as it could have been. While the legislation as written is troubling, an earlier version would have been even more dangerous, targeting not only large-scale, for-profit streaming services, but everyday users as well.
We're continuing the fight against the CASE Act, but today brings even bigger problems. Senator Thom Tillis, who authored the felony streaming legislation, launched a "discussion draft" of the so-called Digital Copyright Act. Put simply, it is a hot mess of a bill that will rewrite decades of copyright law, give the Copyright Office (hardly a neutral player) the keys to the Internet, and drastically undermine speech and innovation in the name of policing copyright infringement. Read more analysis of this catastrophic bill here.
Internet users and innovators, as well as the basic legal norms that have supported online expression for decades, are under attack. With your help, we will be continuing to fight back, as we have for thirty years, into 2021 and beyond. Fair use has a posse, and we hope you'll join it.
Urgent. It's never been this bad.
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission from the outset was simple. To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It’s never been this bad out there. And it’s never been this hard to keep us going. At the very moment Common Dreams is most needed and doing some of its best and most important work, the threats we face are intensifying. Right now, with just hours left in our Spring Campaign, we're still falling short of our make-or-break goal. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Can you make a gift right now to make sure Common Dreams not only survives but thrives? There is no backup plan or rainy day fund. There is only you. —Craig Brown, Co-founder |
As we feared, the "Copyright Alternative in Small-Claims Enforcement Act"--the CASE Act--that we've been fighting in various forms for two years has been included in a "must-pass" spending bill. This new legislation means Internet users could face up to $30,000 in penalties for sharing a meme or making a video, with liability determined not by neutral judges but by biased bureaucrats.
The CASE Act is supposed to be a solution to the complicated problem of online copyright infringement. In reality, it creates a system that will harm everyday users who, unlike the big players, won't have the time and capacity to negotiate this new bureaucracy. In essence, it creates a new "Copyright Claims Board" in the Copyright Office that will be empowered to adjudicate copyright infringement claims, unless the accused received a notice, recognizes what it means, and opts out--in a very specific manner, within a limited time period. The Board will be staffed by "claims officers," not judges or juries. You can appeal their rulings, but only on a limited basis, so you may be stuck with whatever amount the "claims board" decides you owe. Large, well-resourced players will not be affected, as they will have the resources to track notices and simply refuse to participate. The rest of us? We'll be on the hook.
It is a hot mess of a bill that will rewrite decades of copyright law, give the Copyright Office (hardly a neutral player) the keys to the Internet, and drastically undermine speech and innovation in the name of policing copyright infringement.
The relief bill also included an altered version of a felony streaming bill that is, thankfully, not as destructive as it could have been. While the legislation as written is troubling, an earlier version would have been even more dangerous, targeting not only large-scale, for-profit streaming services, but everyday users as well.
We're continuing the fight against the CASE Act, but today brings even bigger problems. Senator Thom Tillis, who authored the felony streaming legislation, launched a "discussion draft" of the so-called Digital Copyright Act. Put simply, it is a hot mess of a bill that will rewrite decades of copyright law, give the Copyright Office (hardly a neutral player) the keys to the Internet, and drastically undermine speech and innovation in the name of policing copyright infringement. Read more analysis of this catastrophic bill here.
Internet users and innovators, as well as the basic legal norms that have supported online expression for decades, are under attack. With your help, we will be continuing to fight back, as we have for thirty years, into 2021 and beyond. Fair use has a posse, and we hope you'll join it.
As we feared, the "Copyright Alternative in Small-Claims Enforcement Act"--the CASE Act--that we've been fighting in various forms for two years has been included in a "must-pass" spending bill. This new legislation means Internet users could face up to $30,000 in penalties for sharing a meme or making a video, with liability determined not by neutral judges but by biased bureaucrats.
The CASE Act is supposed to be a solution to the complicated problem of online copyright infringement. In reality, it creates a system that will harm everyday users who, unlike the big players, won't have the time and capacity to negotiate this new bureaucracy. In essence, it creates a new "Copyright Claims Board" in the Copyright Office that will be empowered to adjudicate copyright infringement claims, unless the accused received a notice, recognizes what it means, and opts out--in a very specific manner, within a limited time period. The Board will be staffed by "claims officers," not judges or juries. You can appeal their rulings, but only on a limited basis, so you may be stuck with whatever amount the "claims board" decides you owe. Large, well-resourced players will not be affected, as they will have the resources to track notices and simply refuse to participate. The rest of us? We'll be on the hook.
It is a hot mess of a bill that will rewrite decades of copyright law, give the Copyright Office (hardly a neutral player) the keys to the Internet, and drastically undermine speech and innovation in the name of policing copyright infringement.
The relief bill also included an altered version of a felony streaming bill that is, thankfully, not as destructive as it could have been. While the legislation as written is troubling, an earlier version would have been even more dangerous, targeting not only large-scale, for-profit streaming services, but everyday users as well.
We're continuing the fight against the CASE Act, but today brings even bigger problems. Senator Thom Tillis, who authored the felony streaming legislation, launched a "discussion draft" of the so-called Digital Copyright Act. Put simply, it is a hot mess of a bill that will rewrite decades of copyright law, give the Copyright Office (hardly a neutral player) the keys to the Internet, and drastically undermine speech and innovation in the name of policing copyright infringement. Read more analysis of this catastrophic bill here.
Internet users and innovators, as well as the basic legal norms that have supported online expression for decades, are under attack. With your help, we will be continuing to fight back, as we have for thirty years, into 2021 and beyond. Fair use has a posse, and we hope you'll join it.