What’s this? A political post on a writing site?! Blasphemy! But before you unsubscribe and turn away, I ask you to please humor me for five minutes, as this affects everyone who enjoys Twitch, Youtube, and other video-sharing sites.
This week, the US congress must pass an Omnibus spending bill to keep the government open. Unlike so many other bills that die in either the House or the Senate, this bill must be passed. But hidden within it are three proposals that could devastate Youtube and other video sites.
Snuck into the bill are three proposals: The CASE Act, the Trademark Monitization Act, and, more importantly, the Felony Streaming Proposal, introduced by Senator Thom Tillis. This proposal, if turned into law when the Omnibus bill passes, would make unauthorized streaming of copyrighted material a felony, which means anyone doing it could face five years in prisons, fines reaching into the hundreds of thousands of dollars, or both. This means that every single person on Youtube who posts any material that isn’t theirs – even if it’s only a few seconds of a song for a meme video– could have their lives ruined.
Now, I’m not pointing this out because I’m in favor of people being able to post whatever they want on Youtube and Twitch; entire movies or albums shouldn’t be uploaded by anyone other than the copyright holder, but the Proposal would be a death warrant for people who stream Let’s Plays of video games, post any footage from a video game, or take clips from films and TV to turn into memes, as well as posting short clips for the purposes of analysis, critique, or review (which are allowed under Fair Use, but the Motion Picture and Music industry will abuse the hell of out of this Proposal if their previous track records are any indication). All the clips I post here on this site would have to go, which means no more Favorite Moments, Perfect Moments, Favorite Background Characters, and Scenes from film and TV in general.
Simply put, this bill is a draconian, no-mercy proposal that doesn’t take the intricacies of video sites into account. It’s an all-or-nothing approach, and while Mr. Tillis claims that it will not affect individual users, I call bullshit. His bill – and the other two – were snuck into the Omnibus spending bill without the public being informed. He knows that the public would erupt as it has in the past with other copyright reform bills (remember SOPA?), and tried to get it into law without being debated and passing both houses based on its own merits, as any bill in a democratic society should be. The fact that he created this bill shortly after getting massive donations from media companies further suggests that he does not have the public interest in mind.
With all that said, I’m asking all of you in the US to please take ten minutes out of your day to call your representatives and Senators in congress and demand that they remove all three bills from the Omnibus bill. Let these proposals pass and fail based on their own merits, instead of being attached to something else in secret like a parasite. You can find their contact information here and here, and here’s a small script that you can follow when you call them:
‘Hello. My name is ________, and I’m calling from_________, to ask Senator/Representative ____________ to please oppose attaching the CASE act, the Trademark Monetization Act, and Senator Thom Tillis’ felony streaming proposal to the Omnibus spending bill. While I believe our copyright system needs to be reformed, these bills should be discussed and voted on based on their individual merits, and not attached to must-pass legislation.
Furthermore, please spread the word on all your social media accounts. Let as many people know about this as possible, and what they can do. Feel free to copy and paste this text if you’d like. Here are a few links that go into more detail about the Proposal if you’d like to include them as well:
The industry has tried these sort of tactics before, but because enough of the public demanded that Congress stop, they were halted. We can do so again, but only if we take action immediately; according to various news reports, the Omnibus spending bill might be unveiled today, Tuesday the 15th. That leaves us with very little time, but we must still try. Copyright law needs to change and adapt for our complex, digital society, but not in secret, and not like this.