The info at the link above? It isn’t true.
Sorry we’re hitting FYC with a lot of SOPA stuff today, but we wanted to address the specific legal issues in OP’s post. Comments are inline:
TheSOPA (Stop Online Piracy Act) bill has resurfaced and is once again trying to be passed.
No, it hasn’t resurfaced. There are lobbyists who would love for it to be reintroduced before Congress and taken through hearings and committees onto the floor and marked up and passed by both houses ad signed by the president (also see: Schoolhouse Rock’s I’m Just a Bill). But that’s not happening at the moment.When it happens, we’ll tell you - but even before we do, the EFF.org will! If you ever hear anything about SOPA and we haven’t posted about it, check out their http:.., and use their Search feature. if you don’t find something about SOPA on the front page, likely nothing is happening right now, but you can always use their Search box to double-check.
The link attached will take you to a petition. Unless this petition reaches 100,000signatures by next week, this will happen:
No. Nothing bad will happen if the petition doesn’t reach that many signatures, because SOPA is not currently before Congress, and the Executive Branch doesn’t have the right to make SOPA into law by fiat.
- All websites containing media that refers to or is owned by a company that hasn’t given its permission for the media to be displayed can and will be shut down. This means sites such as Tumblr, Wattpad, Pinterist, fanfiction.com.
No. Does anyone seriously think that if this were the case, billion dollar companies like tumblr and Pinterest - and, btw, GOOGLE AND YOUTUBE, would not be doing everything in their power to prevent passage of a law that would destroy (some of) their revenue streams and cause them to be shut down?
And that’s without getting into the specifics of this paragraph. Because you can use anyone’s trademark descriptively (ie to “refer to”) and you can use anyone’s copyright for Fair Use purposes, which includes education, news reporting and transformative works(aka most if not all noncommercial fanworks).
- People who post such media can and will be fined, with a maximum sentence of five years in prison. This includes, but is not limited to, people who own/post the following: fanfiction, fan art, roleplay blogs, fan blogs/accounts and movie streaming sites.
NO. There is NO PROPOSED LEGISLATION currently before either the House or the Senate that says this (as of March 13, 2014). Nothing.
Now, this doesn’t mean it’s legal to make copies of other people’s films or tv shows or music and upload them or stream them- that’s already illegal under the Copyright Act and the penalties are harsh and in many cases out of line with any possible damage that could be caused by the infringement (look to Aron Swartz).
But that law does not apply to transformative works. Types of transformative works are - you guessed it! - fanfiction, fan art, roleplay blogs and fan blogs/accounts. Check out the Organization for Transformative Works’ website, Legal Page and FAQ for more analysis and explanation of transformative works.
But as we said above, movie streaming sites? Those are probably infringing, and if you want to be careful around the Copyright Act, don’t share on publicly accessible streams.
The top of the petition we linked to above says “In this case, all fanart will be deleted, all fan-pages, fanfics, fan made videos, etc.” Now you know, that’s not true.
So, what does all this mean?
- Doug Adams said it well in the 1970s. DON’T PANIC. If the time comes for us to panic, the brilliant people at the OTW and the EFF and Google and the paranoid people at Anonymous will tell us to panic.
- PLEASE don’t reblog rumors unless you’re reblogging them to link to a post that explains why the rumor is unfounded (like this one).
- If you see a post shouting that SOPA is back or copyright terms are being extended another 100 years (or, frankly, even 10) or ALL THE WEBSITES YOU LOVE will be shut down, check with news.google.com or the nonprofit of your choice: EFF.org, TransformativeWorks.org, the Beekman Center at Harvard, or news sites like Wired, Rolling Stone or Mother Jones. We’re keeping an eye on it at fyeahcopyright.tumblr.com, too. Everyone is tracking this issue.
It’s great to be an activist, but you’re wasting your time and your energy if you get distraught about something that isn’t actually happening. And our concern is, if people continue to whip up concern about fictional SOPA reboots every few months, if something actually does happen, people will ignore it because they’ll assume it’s just another round of nothing.
Don’t let that happen! Check before you reblog anything that says creative content and the websites that host them will be banned, criminalized or destroyed.
Chances are, they aren’t going to be.
nameless-traveler recently posted concerns that “The Obama administration announced that it will be bringing back a piece of SOPA legislation that would make streaming copyrighted material a felony” and linked to a petition against SOPA at https://petitions.whitehouse.gov/petition/stop-sopa-2013/LMzMVrQF
But here’s the thing. The Obama administration did not announce that they are bringing back a piece of SOPA legislation (apart from the fact that only Congress can introduce legislation).
Here’s what’s going on:
The Commerce Department published a paper where they asked Congress to amend the Copyright Act itself to make it a felony to reproduce or distribute at least 10 or more copies with a total retail value of at least $2,500. They’re trying to match up aspects of a 20+ year old law to make them more consistent and whether that’s a good idea or not, there’s one thing that’s very clear.
THAT is not SOPA. That tweak may have been included as part of SOPA, but nowhere in the recent Commerce Department paper did they ask Congress to bring back SOPA itself.
And even if they had asked for it, someone in Congress would have had to write it into a bill; the Commerce Department can’t just make something a felony because they want it to be.
And even if THAT happened (which it won’t because the telecoms and tech companies would not support it this go round any more than they did once they actually read it last time) it would have NO IMPACT on fanworks, transformative works or sites that allow the public to upload or stream content because of the Fair Use provisions of the Copyright Act, along with the Digital Millenium Copyright Act (DMCA).
In other words, there is nothing in this Commerce Department proposal that will have any impact whatsoever on any fanworks, fanfic, fanvids, spreecasts, fanart, online cons, reblogged and gacked images, screencaps or anything else. On the off chance this became law it might possibly impact live group viewings of tv shows or films, but if the marketplace is anything like what we’ve seen in the last 20+ years some companies will set up to do this on a licensed-works basis and we’ll be able to carry on as we always have, just on a new platform.
But the fanworks? Fanworks are never actionable infringement because “fair use [including in a transformative work] is a lawful use of copyright.” Here’s the court case that says so.So, guys sign that petition! There’s no downside. But this? This thing you’re afraid of? Is not happening.And yes, I am posting this comment as a standalone in the SOPA tag in hopes that it will get picked up and reblogged. If you reblogged the frightening threads before, please reblog this too - SOPA sucked, but this departmental proposal is very definitely not that.Backstory note: We were as anti-SOPA/PIPA as anyone could be. But this just isn’t the same thing.
So SOPA has once again reared it’s ugly, diseased head.
I could rant and rave about how livid I am but instead here are some articles on it’s revival and the Petition to help prevent it:
Petition on Penitions.Whitehouse.Gov:
Article from Washington Post:
Article from CraveOnline:
Article from Complex.com:
Article from TechDirt:
Video on Huffington Post:
It’s not just ACTA that is being snuck back into law through undemocratic means. Lamar Smith, the powerful committee chairman and corporatist archvillain who tried to ram through SOPA last year is now bent on reviving his slain monster and unleash it upon the earth.
The new bill, the Intellectual Property Attache Act, will create a class of political officers who will see to it that all US trade negotiations and discussions advance SOPA-like provisions in foreign law. And as we’ve seen with other trade deals, one way to get unpopular measures into US law is to impose them on other countries, then agree to “harmonize” at home.
True to form, Smith is trying to cram his law onto the books without any substantive debate or scrutiny, just as he tried with SOPA. When you’re serving corporate masters instead of the public interest, the less debate, the better.
The specifics of the bill appear to go further than the version in SOPA. It is clear that the bill itself is framed from the maximalist perspective. There is nothing about the rights of the public, or of other countries to design their own IP regimes. It notes that the role of the attaches is: to advance the intellectual property rights of United States persons and their licensees;
The bill also “elevates” the IP attaches out of the US Patent and Trademark Office, and sets them up as their own agency, including a new role: the Assistant Secretary of Commerce for Intellectual Property. Yes, we’ll get another IP Czar, this time focused in the Commerce Department.
When even the USTR is recognizing the importance of limitations and exceptions to copyright, to have Congress push a bill that basically ignores limitations and exceptions and only looks to expand Hollywood’s special thugs within the diplomatic corp. seems like a huge problem.
HEADS UP PEOPLE!
This motherfucker REALLY needs to get voted out of office.
Follow-Up of the Day: Internets Revolt as Facebook Backs CISPA: Facebook (and also Microsoft, Verizon, AT&T, Intel…) has come out in support of CISPA — SOPA’s evil twin that essentially would obliterate online privacy — and thewrath of the web has reached a fever pitch.
What’s the best way to fight back?
Sign the petition by Demand Progress:
“Internet users were able to push GoDaddy to withdraw its support of SOPA. Now it’s time to make sure Facebook knows we’re furious.”
And/or share your opposition on Facebook, natch.
This Is Important, You Should Know This of the Day: The Cyber Intelligence Sharing and Protection Act now has more than 105 co-sponsors, and some fear the bill could go further than SOPA and PIPA in threatening online privacy. SOPA and PIPA were finally discarded earlier this year after resoundingonline protest changed the debate, but the same doesn’t yet appear to be the case with CISPA.
According to the Electronic Frontier Foundation, H.R. 3523 “would let companies spy on users and share private information with the federal government and other companies with near-total immunity from civil and criminal liability. It effectively creates a ‘cybersecurity’ exemption to all existing laws.”
The bill could sneak through Congress quickly once it’s back in session, so be sure totrack its progress.
remember all the hell we raised against SOPA & PIPA?
time to pull out your my-government-is-full-of-jackasses phone-tree and get crackin’
HEY. LISTEN. GUYS. LISTEN. HEY.
Protect yourself online with these services. Reclaim your data from the big media companies.
The irony is I’m sharing this on Tumblr.
If you are in West Los Angeles Please go to this! This shit is no where near over.
In the context of increasing public scrutiny of the public interest implications of intellectual property laws raised by the recent derailing of the Stop Online Piracy Act (SOPA), U.S. and international negotiators will be meeting in Los Angeles behind closed doors to craft new international intellectual property enforcement rules through the proposed Trans Pacific Partnership (TPP) free trade agreement. Some of the proposals for the agreement have leaked to the public, leading some to raise concerns that the agreement could threaten Internet freedoms, business innovation, the free flow of generic medicines, cost containment in medicaid and other medicine reimbursement programs and other important public interests. Although there has been no official announcement about the planned meeting, public interest advocacy organizations have determined that intellectual property negotiations will be held January 31-Feb 4th at a hotel in West Hollywood. The day before the negotiation, representatives of public interest organizations and regulated businesses will gather at USC to explain their substantive concerns with previously leaked negotiating documents and their process concerns with holding such negotiations in secret. Following the conclusion of the event at 11:30am, speakers will be available for individual press interviews
Reblog Reblog Reblog!
FUCK NOT THIS SHIT AGAIN.
Of course it’s not dead, they won’t stop until they’ve pushed the public too far and Tyler Durden becomes a real person. It makes me wonder if the public outcry had been expected, and now that everyone feels grand for winning the First Internet War they can slide their new policies right under the hype of victory. The number of notes in this post is a clear example of that.
i nominate myself for losing it and developing a split personality
This is going to be a strange year.
are you fucking kidding me
Sounds like OPEN might be a looot more palatable, however I’m still worried. A LOT.
This is a petition on the Directgov website - this goes straight through to parliament and at the current time of posting it only has21 signatures
I know a lot of people are reblogging the one sponsored by anonymous which is great but if you live in the UK, this is going to be your best best at getting yourself heard about ACTA - even if you don’t live in the UK or even the EU,PLEASE REBLOG THIS,as ACTA is something that not only affects Europe but the rest of the world as well and this could be one of the only opportunities for it to be downturned
COME ON GUYS!!!!!
No more pretending to be US citizens just to sign petitions! This one’s international so we can petition our government too and we NEED to let them know we’re not ok with this.
We’re already in danger of extradition just for posting links to pirated files (seeRichard O’Dwyer’s case), and this would make things a whole lot worse.
411 signatures. I know you guys can do much, much better than that.
Sign both petitions, but this one is more important.
Anonymous is more or less seen as a criminal hacker group even if their intents and purposes here are good, they are hardly going to be taken seriously.
sign it! just do it!
If this gets 100,000 signatures, it will come up for debate in the House of Commons. Democratic process, we can affect it!
12,059 notes and only 2,709 signatures? come on, guys
DEAR WORLD, Internet service providers will begin spying on you!
This is not just the USA, this is also Europe, UK, Canada, Japan, Australia, New Zealand, and more.
ACTA is another attempt by Hollywood and others to end privacy and freedom to protect their profits.
These well done videos provide an overview:
We got to stop this!
USA, reblog this post. Make new posts. Join the EFF. Stay involved.
They won’t give up, and neither will we.
That was fast.
A few days ago the news broke that the pending Stop Online Piracy Act (SOPA) was put on hold until consensus was reached.
Wishful thinking, because today SOPA is back in full force.
House Judiciary Committee Chairman Lamar Smith just announced that the SOPA markup is expected to continue next month.
“To enact legislation that protects consumers, businesses and jobs from foreign thieves who steal America’s intellectual property, we will continue to bring together industry representatives and Members to find ways to combat online piracy,” Chairman Smith said.
“Due to the Republican and Democratic retreats taking place over the next two weeks, markup of the Stop Online Piracy Act is expected to resume in February.
“I am committed to continuing to work with my colleagues in the House and Senate to send a bipartisan bill to the White House that saves American jobs and protects intellectual property.”
Fuck you, Lamar Smith.
People, ACTA is horrible. And why WHY IS NOBODY TALKING ABOUT IT??
Remember SOPA: everybody was screaming about it. ACTA IS EVEN WORSE.
ACT! PROTEST! SIGN PETITIONS! DO FUCKING SOMETHING!
It’s merely been shelved temporarily until it can be tweaked. Please don’t buy into this ‘dead’ bullshit. oTL It is anything but. If you actually read any of the articles involved, you’d know that they’ve only been put on hold.
But I wanted to bring ANOTHER INTERNET ACT up for consideration that has already passed the committee 19 to 10 in favour a few months back in July of 2011. The same man who sponsors this act also sponsored SOPA, Lamar Smith.
Now before anyone seriously freaks, here is a blurb from the bill, which has broad reaching “Big Brother”esque language to monitor everyone in the US who uses the internet.
…under language approved 19 to 10 by a House committee, the firm that sells you Internet access would be required to track all of your Internet activity and save it for 18 months, along with your name, the address where you live, your bank account numbers, your credit card numbers, and IP addresses you’ve been assigned.
As written, The Protecting Children from Internet Pornographers Act of 2011 doesn’t require that someone be under investigation on child pornography charges in order for police to access their Internet history — being suspected of any crime is enough. (It may even be made available in civil matters like divorce trials or child custody battles.) Nor do police need probable cause to search this information.
Please pass this on if you live in the US, or even if you live abroad. This bill is FAR TO BROAD and prying to be made into law! One of our last forms of privacy is currently being contested. Contact your senators, and don’t believe for a second that either PIPA or SOPA are gone for good. On top of those two, and this bill that’s been over shadowed by the previously mentioned two, things could be far more worse.
Please just take a few seconds, reblog this. Let everyone else know.