‘Ten Strikes’ is False Alarm for YouTubers
Posted by Rebekah Lowe / Thursday, September 22nd, 2011
Word is spreading fast about the Ten Strikes Bill, which, if passed, would make it a felony to stream copyrighted content online without authorization. Rumor has it that YouTubers could land up to five years in jail for posting last night’s karaoke rendition of a copyrighted song like “Sweet Caroline.” But don’t rush home to delete your YouTube account just yet.
The bill’s sponsor, U.S. Sen. Amy Klobuchar (D-Minn.) says this rumor is a misinterpretation of the bill. In order for someone to actually be prosecuted the bill states that “the total retail value of the performances to the infringer or to the copyright owner would exceed $2,500.” These terms would not apply to a 12-year-old lip-syncing an Usher song. Linden Zakula, Klobuchar’s communications director, says that this legislation focuses on people who, for example, videotape movies in the theater and willfully post them online for “private financial gain.” The Ten Strikes Bill is meant to “go after the worst of the worst,” he says.
Blogs such as DemandProgress.org are asking people to write their congressman to oppose the bill. Jon Katz, a criminal defense lawyer based in Silver Spring, Md., says, “There’s strong tension between the First Amendment freedom of expression and intellectual property rights.” He says that people are concerned about losing their Internet rights and the feeling that they have “a truly free society.” But YouTubers can rest easy; some innocent karaoke won’t land you a spot in the slammer.”
—Rebekah Lowe
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