Did You Embed The Leaked Trailer For Dark Knight Rises On Your Blog? Under SOPA, You May Face Jail Time
from the the-dark-knight-rises,-indeed dept
That said, this whole incident should be a damn good reminder of why the felony streaming portions of SOPA in the House and S.978 (the felony streaming bill) in the Senate are pretty scary. Under those bills, Sheridan could have potentially faced many years in jail for his helping to promote this movie. Remember, the point of these bills is to make a willfully infringing "public performance" of such works a potential felony. It has to be for commercial advantage or private financial gain, but those can be broadly interpreted: if the purpose is to get people to your site and advertise yourself and your work.. that can be commercial advantage. It's willful, because everyone knew the video was leaked, and not legit at the time. But is it a public performance? Hell yes.
Courts have determined that links can be public performances, noting that:
the most logical interpretation of the Copyright Act is to hold that a public performance or display includes each step in the process by which a protected work wends its way to its audience.... Using the same approach, the court determines that the unauthorized “link” to the live webcasts that Davis provides on his website qualifies...So forget about worrying about Justin Bieber going to jail... start worrying about merely embedding the trailer for The Dark Knight Rises.
Is this really the kind of law that America needs right now?