New Online Piracy Act: Could It Help Film and TV Industries?

31Oct11

The new Stop Online Piracy Act (H.R. 3261) was introduced just a few days ago on October 26th. The bill is supposed to meet some of the challenges with IP addresses and the digital age. Its aim is to protect intellectual property from counterfeiting and piracy which could lead to a boost in the film and television industries, not only in sales but also in job production.

Will this be good news for the entertainment industry?

The bill:

IP ENFORCEMENT TOOLKIT: Rogue Sites – Under existing authority, law enforcement is unable to seek injunctive relief against notorious foreign websites trafficking in counterfeit goods and services, though they can pursue action against comparable domestic sites. This provision creates a 4-track process to better protect American intellectual property online. It expands existing authority for law enforcement and provides a mechanism for rights holders to protect their IP rights.

  • Track 1 – Maintains the Attorney General’s existing authority to seek injunctive relief against and block domestic websites engaged in online counterfeiting and piracy.
  • Track 2 – Provides the Attorney General with authority to seek injunctive relief against websites on foreign TLDs (top-level domains) and provides an option parallel to ITC Section 337 injunctions for physical goods, an ability to seek a court order to block infringing websites from accessing the U.S. market.
  • Track 3 – Provides rights holders with a two-step process to seek limited injunctive relief against infringing websites on foreign TLDs. In the first step, rights holders must contact and provide information to financial intermediaries and online ad providers to seek action to sever ties with a rogue site. If that occurs within a set time, then the process ends. If not, a rights holder then has the ability to seek an injunction against the rogue site (and only the rogue site) in federal court.
  • Track 4 – Similarly provides right holders with the ability to use this two-step process for infringing websites on domestic TLDs (ex: dot-com).
  • Senate Version – The Senate version provides a rights holder with the ability to file an action without approaching intermediaries and exhausting private avenues. Foreign and Economic Espionage – Theft of U.S. trade secret information by foreign entities poses a serious threat to the American economy. Recognizing this ongoing threat, the bill raises the criminal penalties and fines for individuals and organizations engaged in foreign or economic espionage.

PROTECTING PUBLIC HEALTH AND SAFETY: Trafficking in Counterfeit Military Goods – The lives of our active duty service men and women rely on the quality legitimate goods (equipment and parts) being provided to them. This bill creates a strong deterrent to those who would risk the lives of our armed forces and our national security by significantly increasing criminal penalties on those who knowingly traffic in such goods. Trafficking in Counterfeit Drugs – Increases the criminal penalties on those who traffic in counterfeit medicines.

INTERNATIONAL IP ENFORCEMENT: Intellectual Property Attaché Program – Expands the U.S. IP attaché program and U.S. government IP training and capacity building programs and realigns their mission to align with priorities identified in the annual Special 301 report. This ensures that the U.S. government’s IP efforts abroad are coordinated and dedicated to compelling U.S. economic interests. Denying U.S. Capital to Notorious Foreign Infringers – Examines the issue of whether foreign companies that base their business operations on IP infringing activity should be allowed access to U.S. capital markets.

H.R. 3261, Stop Online Piracy Act

Kathryn

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2 Responses to “New Online Piracy Act: Could It Help Film and TV Industries?”

  1. 1 Abbi

    Ok, well here are my comments on this. There could be people that want to look up there crush and all about there movies. Select scenes. Its things like the famous Tom Cruise freaking out on opera about how much he loves Katie. We want to see it, and other videos like that. That is how news becomes popular.This needs to be free for us to express ourselves and our art. There is some things on there like the language for comments, and some videos that are extremely inappropriate, but who knows, adults may want to watch it to help or change their skills. What about cancer patients like me that are home all the time and get bored. If there is a video of their friends that makes them laugh then let them watch it. But i know a lot of teenage girls that have a crushes. Maybe on Gerard Butler, Gaspard Ulliel, and see he’s french. I can see the trailers of some of his french movies with subtitles so I would want to watch him. I have watched the trailers of Hannibal Rising on You Tube probably a million times. And then I rented and paid for that movie and have watched over and over. Its a great use for people to have that social out-let to the world. You can learn a lot from You Tube. Its all of the people in the world. Its showing their characteristics and what they like. Thats a way of people hearing their voice heard, for free. It does not make shows or movies un-popular. Its a way of seeing them and then wanting to see it now because of a video a 13 year old boy created or posted so other people would like to watch it as much as they can. Adults have one way of looking at things, but kids do too, that adults can’t see or feel what were going through right now. We need it. For expression, laughter, helping others, and learning. This was invented for a lot of reasons. We have the freedom to communicate and learn and laugh, and fall in love over these websites and if it gets taken away, then there wont be a lot of ways we can see of what we love or cannot communicate to others and would not be able to easily see other cultures around the world or news that we have missed. It is simple to have these things, so that you can do great things.

  2. The Internet will regulate the Internet just like they regulate TV and radio after my lawsuit finishes.
    http://www.curtisneeley.com/NameMedia/2011-2558/08_11-2558_Docket_files/2558%20APPEAL%20BRIEF.pdf


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