Posted July 03, 2011
Apparently, there's a bill on the drawing board in the US right now, the aim of which is to prevent people from uploading entire movies and TV shows to streaming services such as YouTube. This is certainly understandable, but the problem is that the people wording such legislation either don't know or don't think about how the internet works. Thus, the wording of this bill has all sorts of secondary repercussions.
Here are the offending bits:
‘(2) shall be imprisoned not more than 5 years, fined in the amount set forth in this title, or both, if--
‘(A) the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and
‘(B)(i) the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, would exceed $2,500; or
‘(ii) the total fair market value of licenses to offer performances of those works would exceed $5,000;’; and
One way of reading this is that any YouTube video containing copyrighted material getting more than 10 hits in 180 days is cause for a fine and/or a jail sentence.
But what is "copyrighted material"? Aye, there's the rub. This is where the intention behind the bill breaks down. Because footage of a video game, or a video of your seven year old daughter singing Lady Gaga's "Poker Face" in your living room, using her hairbrush as a microphone, also falls under the heading of "copyrighted material".
Basically, if this bill is passed into law, wave goodbye to YouTube, and any other video site you might use that streams user-uploaded content.
Here's a link to the bill itself, and here's a YouTube video explaining more about the bill.
Here are the offending bits:
‘(2) shall be imprisoned not more than 5 years, fined in the amount set forth in this title, or both, if--
‘(A) the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and
‘(B)(i) the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, would exceed $2,500; or
‘(ii) the total fair market value of licenses to offer performances of those works would exceed $5,000;’; and
One way of reading this is that any YouTube video containing copyrighted material getting more than 10 hits in 180 days is cause for a fine and/or a jail sentence.
But what is "copyrighted material"? Aye, there's the rub. This is where the intention behind the bill breaks down. Because footage of a video game, or a video of your seven year old daughter singing Lady Gaga's "Poker Face" in your living room, using her hairbrush as a microphone, also falls under the heading of "copyrighted material".
Basically, if this bill is passed into law, wave goodbye to YouTube, and any other video site you might use that streams user-uploaded content.
Here's a link to the bill itself, and here's a YouTube video explaining more about the bill.