The Senate just approved the ‘Copyright Alternative in Small-Claims Enforcement Act of 2019’ for a full vote in the Senate. This Bill cr...
The Senate just approved the ‘Copyright Alternative in Small-Claims Enforcement Act of 2019’ for a full vote in the Senate. This Bill creates the Copyright Claims Board which could give you up to $15,000 in fines for sharing a meme you didn’t make.
If Congress has its way you could soon get slapped with a $15,000 fine by copyright trolls – with no chance of appeal – just for doing normal stuff on the internet.
It will be a dream come true to copyright trolls on the internet.
Watch the following video to see how the ‘CASE Act’ could affect meme makers.
No, the first admendment right to free speech is surrounded by a penumbra of non enumerated rights including quotes shared between persons. So long as the meme is not commercialized for profit purposes the $15k fine would constitute an infringement and the code enacted by this legislation would constitute a clear and definable abridgement of the right thereby rendering it unconstitutional.
ReplyDeleteWe can pretend that the bill of rights can be amended by a legislative act, and it may take years of litigation for a court to acknowledge that the bill of rights may not be amended by an act, but in the end it will.
Will someone step forward with a class action law suit claiming breach of fiduciary responsibilities and throw out the authors and sponsors beforehand is all that remains in question.
See my comment above/below. The meme is actually quite dangerous to 'them'.
ReplyDeleteI can see why the 'meme' can be so dangerous, as it can make a point so quickly and easily, even to this collective, room-temp IQ'd nation. Most people can no longer write cohesively, a new paragraph is almost unheard of, poor punctuation and spelling...hard to read (or to even WANT to read).
ReplyDeleteThe meme IS truly dangerous; People might start to get it.
Boy, reporters really get legal stuff all twisted around. You can't Copyright an idea. You CAN Copyright an expression of that idea (fixed in a tangible media and digital files count). In fact, you have the Copyright to anything you create automatically but it doesn't mean much unless you register it.
ReplyDeleteIt isn't the meme, it's the theft of artwork, etc that will land you in hot water. BTW, Copyright law doesn't acknowledge any difference between commercial usage or if there is any financial aspect to an infringement other than when penalties are assessed. Copy and "Share" somebody else's work without permission and you are guilty.
Eisner v. Macomber, 252 U.S. 189 Congress … cannot by legislation alter the Constitution, from which alone it derives its power to legislate, and within whose limitations alone that power can be lawfully exercised.
ReplyDeleteSHUTTLESWORTH V. CITY OF BIRMINGHAM, 373 U. S. 262: "If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity."
U.S. v Mersky 361 U.S. 431 a statute that regulates without constitutional authority is a nullity even though it be published in the books, recognized by the police and lower courts, and even though it be unchallenged for decades.
United States v. Minker, 350 US 179, at page 187 “Because of what appears to be a lawful command on the surface, many citizens, because of their respect for what only appears to be a law, are cunningly coerced into waiving their rights, due to ignorance.” (Paraphrased)