Sweeping new copyright measures poised to pass

Skanky Vamp

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On Monday, congressional leaders unveiled their massive spending and coronavirus relief measure, including a handful of controversial copyright measures civil liberties activists fear could penalize internet users for everyday online behavior. Congress is expected to vote on the package as early as Monday. Congress’ $2.3 trillion spending and relief package includes controversial measures previously introduced as the CASE Act, the Trademark Modernization Act, and a felony streaming proposal — all significantly expanding the rights and powers of intellectual property owners.

Most controversially, the CASE Act would create a quasi-judicial tribunal of “Copyright Claims Officers” who would work to resolve infringement claims. As outlined in the bill, copyright holders could be awarded up to $30,000 if they find their creative work being shared online. Proponents of the CASE Act, like the Copyright Alliance, argue that the bill would make it easier for independent artists to bring about copyright claims without having to endure the lengthy and expensive federal courts process. Still, critics of the bill, like the Electronic Frontier Foundation and Fight for the Future, argue that the CASE Act could fine ordinary internet users for engaging in everyday online behavior like sharing memes.

“The CASE Act is a terribly written law that will threaten ordinary Internet users with huge fines for everyday online activity. It’s absurd that lawmakers included these provisions in a must-pass spending bill,” Evan Greer, deputy director of Fight for the Future, said in a statement Monday. “We’re facing a massive eviction crisis and millions are unemployed due to the pandemic, but Congressional leaders could only muster $600 stimulus checks for COVID relief, but managed to cram in handouts for content companies like Disney?”

As congressional leaders have worked to finalize this package over the last few weeks, a coalition of tech trade groups and advocacy organizations like the Electronic Frontier Foundation and the Internet Association urged lawmakers to refuse inclusion of these measures. These groups claimed that the proposals could “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,” in a letter first reported by Protocol earlier this month.
 
It looks like the days of sharing memes and music videos is going to be over very soon. The internet will not collapse but most of the interesting content will be gone, including quotes from Buffy screenplays.
 
It looks like the days of sharing memes and music videos is going to be over very soon. The internet will not collapse but most of the interesting content will be gone, including quotes from Buffy screenplays.
It's ridiculous the extent they could take this if they so desire. Theoretically this site could be fined.
 
It's ridiculous the extent they could take this if they so desire. Theoretically this site could be fined.

And at $30,000 per offense, that would be a lot. There is no "theoretically" about it. Remember the woman who Downloaded "Happy Birthday" and had to pay $2000 to a supposed owner in the Mapster days? Those days are back, although there was a court judgement in the US that eventually put "Happy Birthday" back in the public domain. We may not be subject to any "fair use" exemption that applies to reviewers or educational institutions.
 
If I recall correctly, Jeanette Winterson's "Weight" starts with "I want to tell the story again." While the Greek myth of Atlas is so well and thoroughly in the public domain that there is hardly any chances of copyright infringement there, I think that beginning points to so many works of art telling the story again. If people become afraid of paraphrasing, remodelling and just plain playing with contemporary culture because of rules like these, the world will be so much the poorer.
 
What happened to "reasonable use"? This used to cover you for quotes: so a couple of lines from a poem but the entire poem.
If people become afraid of paraphrasing, remodelling and just plain playing with contemporary culture because of rules like these, the world will be so much the poorer.
There comes a point when it becomes almost impossible to say something new. Besides, parody, pastiche and homage are recognised art forms.
 
That's actually not so bad.
Yeah, it would. It's just like the NFL says "Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited"
So... again... theoretically... if you were just in a chatty room describing a game you watched, you could, with this new law, be found guilty.

You give an inch and they'll take a mile.
 
Yeah, it would. It's just like the NFL says "Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited"
So... again... theoretically... if you were just in a chatty room describing a game you watched, you could, with this new law, be found guilty.

You give an inch and they'll take a mile.

Well, if you want to take even more liberties with the definition of 'theoretical,' we could also say that if you were caught breathing in a rhythmic manner that resembled a song, you could be found guily. Or if you were petting your cat, and it's meows sounded like the Meow Mix commercial, you could be prosecuted....
 
Well, if you want to take even more liberties with the definition of 'theoretical,' we could also say that if you were caught breathing in a rhythmic manner that resembled a song, you could be found guily. Or if you were petting your cat, and it's meows sounded like the Meow Mix commercial, you could be prosecuted....
No, you couldn't.
 
This is going to need tweaking, eventually, but I'm also kind of glad to see it. Artists are losing ground over their own creations. So many musicians, painters, animators, graphic designers, fashion designers, authors, etc. aren't able to make a living off of their creations because copyright infringement is not treated seriously on the internet. I Ion't want to see fan appreciation stinted by this, but people should be paid for their talents.

Also, I don't really see this too differently than the copyright debate of the mid-nineteenth century, where European authors often were unable to get paid for their work in the United States, because anyone could copy and distribute their work for a much lesser price. Charles Dickens hated the U.S. for this, and you can see why. His argument at the time was that he may have had a successful career, but that other writers struggled to make a living because of this.

Eventually, if art loses all monetary value, and anyone can copy whatever they like without penalty, there will be no incentive to even create art. (We're kind of already getting there!) People who should have been well suited for an artistic career will either be perpetually unemployed or working a job they are I'll suited for, and that's going to hurt everyone. After all, we all benefit from the beautiful, attractive, compelling, and relatable things artists make. They are our source of entertainment, and a large contributor to our happiness and mental well-being. There will be growing pains with this, but I see it as having potential to do good too.
 
Eventually, if art loses all monetary value, and anyone can copy whatever they like without penalty, there will be no incentive to even create art.
D'you reckon? Far be it for me to romanticize art but aren't there other reasons? Fan-fic writers don't get paid. Nor (as far as I'm aware) do fan video-makers or reactors.

Charles Dickens hated the U.S. for this
Freud didn't like America either. He disliked its obsession with money (the result of sexual sublimation according to Freud).

Should Manet recompense Titian's estate because of the relationship between Olympia and Titian’s Venus of Urbino? Would we have had Impressionism if Manet'd been scared off by a potential financial penalty (yeah...we probably would)? Isn't there a difference between Vanilla Ice stealing the bass line from Under Pressure and claiming it as his own, and a someone using footage from a Queen concert to make a reaction video?

Despite the claim I think this is less about protecting individual artists than the big corporations. There's an argument for but I think there are equal arguments against.
 
D'you reckon? Far be it for me to romanticize art but aren't there other reasons? Fan-fic writers don't get paid. Nor (as far as I'm aware) do fan video-makers or reactors.


Freud didn't like America either. He disliked its obsession with money (the result of sexual sublimation according to Freud).

Should Manet recompense Titian's estate because of the relationship between Olympia and Titian’s Venus of Urbino? Would we have had Impressionism if Manet'd been scared off by a potential financial penalty (yeah...we probably would)? Isn't there a difference between Vanilla Ice stealing the bass line from Under Pressure and claiming it as his own, and a someone using footage from a Queen concert to make a reaction video?

Despite the claim I think this is less about protecting individual artists than the big corporations. There's an argument for but I think there are equal arguments against.

Of course artists create art because they feel compelled to, but being an artist has also traditionally been a paid profession. Art professions have never been universally well-paid, and I think most artists would be happy to create art and be poor, but it is one thing to be poor because your art isn't being seen vs. being poor because millions of people simply don't want to pay you for it.

Also, I wasn't using Dickens as an example of someone hating the U.S, but rather mentioned him because he was instrumental in getting the first round of copyright laws passed in the states. It was a big issue, and many of the points I am making were made then.

Of course wealthy corporations are driving this, but smaller artists will be less likely to be stolen from as a consequence. I'm not saying it is a perfected deal, but as someone related to art professionals, this has been a concern for quite some time. I can't deny it has some fair points.
 
@Moggin - I don't disagree but I think it can be as big a hindrance as it is a help and I'm pretty sure it will serve the corporations better than it serves the individual artist.
 
@Moggin - I don't disagree but I think it can be as big a hindrance as it is a help and I'm pretty sure it will serve the corporations better than it serves the individual artist.
Agreed, but can you think of anything that benefits the common person more than it does a corporation? They do tend to come out on top on most things.
 
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