Streaming a Felony? On Twitch and Copyright Infringement (VL369)

The Copyright Act of 1976, is perhaps unsurprisingly, rather ill-suited to our modern digital streaming age.

One of the things the Act failed to anticipate was the sheer breadth and availability of Internet streams for all manner of copyrighted material, and that failure manifests in the Act's distinction between copying (and distributing copies) of such material and simply streaming it live.

Now, the US government seeks to close that "loophole" by treating "digital transmission services" that infringe copyright in certain streaming circumstances as felony offenders.

What does that mean for the average day-to-day streamer? For Twitch? Is the DMCA implicated? And why is at least some of the drama overblown?

Let's dive in.

It might just become even more important to check those EULAs...in Virtual Legality.

#Twitch #Streaming #Felony

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Discussed in this episode:

"Corrupt Politician Wants JAIL TIME For DMCA Claims On Youtube & Twitch! Stop This Now!"
YouTube Video - December 10, 2020 - TheQuartering
https://www.youtube.com/watch?v=RpApd8cNBF8

"Proposed U.S. Law Could Slap Twitch Streamers With Felonies For Broadcasting Copyrighted Material"
Kotaku - December 9, 2020 - Nathan Grayson
https://kotaku.com/proposed-u-s-law-could-slap-twitch-streamers-with-felo-1845846012

"Lawmakers are cramming controversial copyright provisions into a must-pass spending bill"
Protocol - December 4, 2020 - Emily Birnbaum
https://www.protocol.com/amp/copyright-provisions-in-spending-bill-2649260098

"Limitations on liability relating to material online"
17 USC 512 (the DMCA)
https://www.law.cornell.edu/uscode/text/17/512

"Exclusive rights in copyrighted works"
17 USC 106
https://www.law.cornell.edu/uscode/text/17/106

"Criminal offenses"
17 USC 506
https://www.law.cornell.edu/uscode/text/17/506

"Criminal infringement of a copyright"
18 USC 2319
https://www.law.cornell.edu/uscode/text/18/2319

July 18, 2019 Copyright Office Letter
Addressed to Sen. Thom Tillis
https://www.copyright.gov/laws/hearings/letter-to-senators-tillis-and-coons-on-felony-streaming.pdf

"Tillis Releases Text of Bipartisan Legislation to Fight Illegal Streaming by Criminal Organizations"
December 10, 2020
https://www.tillis.senate.gov/2020/12/tillis-releases-text-of-bipartisan-legislation-to-fight-illegal-streaming-by-criminal-organizations

"Protecting Lawful Streaming Act of 2020"
https://www.tillis.senate.gov/services/files/A30B0C08-FB97-4F90-BB60-43283EB7AF35

"Criminal Copyright Infringement"
Justia Webpage
https://www.justia.com/intellectual-property/copyright/criminal-copyright-infringement/

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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

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Twitter: @hoeglaw
Web: hoeglaw.com
Blog: hoeglaw.wordpress.com
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DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

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