NC Senator Thom Tillis co-sponsors bill making streaming pirated content a felony

Hannah McKay - TNS

U.S. Sen. Joni Ernst (R-IA) and U.S. Sen. Thom Tillis (R-NC) attend a Senate Judiciary Committee meeting on the nomination of Judge Amy Coney Barrett to be an associate justice of the U.S. Supreme Court on October 22, 2020 on Capitol Hill in Washington, DC. Democratic committee members boycotted the Senate Judiciary Committee meeting.

Following its approval in the House and Senate, President Donald Trump signed the second coronavirus (COVID-19) relief package into law on Dec. 27. In addition to providing COVID-19 relief to Americans, many other bills were written within the document

One includes making streaming pirated content a felony. This bill was co-sponsored by several senators including North Carolina’s Republican senator Thom Tillis and Georgia’s Republican senators Kelly Loeffler and David Perdue (both of whom are facing reelection in the state’s runoff election on Jan. 6). 

Other co-sponsors include Patrick Leahy (D-VT), Marsha Blackburn (R-TN), Mazie Hirono (D-HI), Catherine Cortez Masto (D-NV), John Cornyn (R-TX), Richard Blumenthal (D-CT) and Chris Coons (D-DE).

“The Protecting Lawful Streaming Act will apply only to commercial, for-profit streaming piracy services. The law will not sweep in normal practices by online service providers, good faith business disputes, noncommercial activities, or in any way impact individuals who access pirated streams or unwittingly stream unauthorized copies of copyrighted works. Individuals who might use pirate streaming services will not be affected,” per a press release from Tilli’s office. 

In simpler terms, you will not be charged with a felony if you stream pirated content, but you will if you happen to be running a piracy streaming business. 

“—It shall be unlawful for a person to willfully, and for purposes of commercial advantage or private financial gain, offer or provide to the public a digital transmission service that— 

‘‘(1) is primarily designed or provided for the purpose of publicly performing works protected under title 17 by means of a digital transmission without the authority of the copyright owner or the law; 

“(2) has no commercially significant purpose or use other than to publicly perform works protected under title 17 by means of a digital transmission without the authority of the copyright owner or the law; or 

‘‘(3) is intentionally marketed by or at the direction of that person to promote its use in publicly performing works protected under title 17 by means of a digital transmission without the authority of the copyright owner or the law,” as written in the bill

Essentially, it is illegal for people to knowingly use or profit from streaming pirated content without permission from the copyright owner which is outlined and projected by title 17 copyright laws

This bill upgrades the penalty which was previously a misdemeanor. Those found guilty will either have to pay a fine or face time in prison, the amount of either sentence depends on the severity of the act. 

“This bipartisan, consensus legislation will provide the Department of Justice with the authority to bring felony charges against a digital transmission service that: is primarily designed or provided for the purpose of streaming copyrighted works without the authority of the copyright owner or the law; or has no commercially significant purpose or use other than to stream copyrighted works without the authority of the copyright owner or the law; or is intentionally marketed by or at the direction of that person to promote its use in streaming copyrighted works without the authority of the copyright owner or the law,” per the press release. 

Other items passed with support from Tillis within the COVID relief package include: 

Small Businesses:

  1. The Paycheck Protection Small Business Forgiveness Act, 
  2. The Save Our Stages Act, 
  3. The Craft Beverage Modernization and Tax Reform Act of 2019, 
  4. The Small Business Expense Protection Act of 2020,

Health Care:

  1. Assistance for North Carolina Health Care Providers, 
  2. Protects Patients from Surprise Medical Bills,

Agriculture:

  1. Assistance for North Carolina Agriculture, 

Assistance for North Carolina:

  1. Airlines Payroll Support Program, 
  2. Beach Renourishment, 
  3. Elizabeth City Airport Runway, 
  4. Improved Broadband, 
  5. Coronavirus Economic Relief for Transportation Services (CERTS) Act, 

Education and Support for HBCUs:

  1. Back to Work Child Care Grants Act of 2020, 
  2. HBCU Capital Financing Loan Program Debt Forgiveness, 
  3. Connecting Minority Communities Act, 

Intellectual Property:

  1. CASE Act,
  2. Trademark Modernization Act, 

Energy:

  1. High Efficiency Turbine Amendment and the 
  2. Investment Tax Credit (ITC). 

The nearly 5600 paged relief package, includes far more than just aid to combat COVID-19, it also contains a fair share of pork supported by the local Senator.