Sweeping Online Copyright Enforcement Changes Added to COVID-19 Relief Package

Sweeping Online Copyright Enforcement Changes Added to COVID-19 Relief Package

WASHINGTON — Last night, as part of the $2 trillion COVID-19 relief bill sent to President Donald Trump for his signature today, Congress approved, in addition to the CASE Act, a controversial “felony streaming bill” written by Senator Thom Tillis (R-N.C.) that makes sweeping changes to the way video copyright claims are handled by authorities.

Tillis’ new bill, attached to the unrelated and much-needed COVID-10 relief package, immediately raised alarm among content creators, particularly on the Twitch platform.

Today, Tillis’ office clarified that the bill, officially named “the Protecting Lawful Streaming Act” (PLSA) will “apply only to commercial, for-profit streaming piracy services.”

Tillis’ office said that "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.”

However, Tillis’ office added, “Congress approved a new bill Monday that would classify illegal streaming as a felony offense, but the feds won’t be going after your favorite Twitch streamers, YouTubers or their subscribers. They’re more interested in services dedicated to streaming pirated content.”

A Quasi-Judicial Copyright Court

The CASE Act passed in the COVID 19-relief package is a different matter. As tech news site The Verge reported, “copyright activists [can’t] rest easy.”

“The multitrillion-dollar package did include a copyright measure that civil liberties activists fear could have dramatic consequences,” the Verge reported. The CASE Act “would create a quasi-judicial copyright claims court within the Copyright Office. Copyright holders could be awarded up to $30,000 in damages if they find their creative work being shared online.”

The CASE Act, as XBIZ reported, has been staunchly criticized by digital rights advocates such as the Electronic Frontier Foundation (EFF).

Purportedly benefiting small businesses and individual creators, the CASE Act could directly affect the relationship between studios, producers, clip-makers and tube sites in unexpected and unprecedented ways for current copyright enforcement practices in the adult industry.

The CASE Act, the EFF explained, “creates a new body in the Copyright Office which will receive copyright complaints, notify the person being sued and then decide if money is owed and how much. This new Copyright Claims Board will be able to fine people up to $30,000 per proceeding.”

According to the EFF, if an individual “gets one of these notices (maybe an email, maybe a letter — the law actually does not specify) and accidentally ignore it, you’re on the hook for the money with a very limited ability to appeal. $30,000 could bankrupt or otherwise ruin the lives of many Americans.”

Senator Tillis and the Wants of Big Entertainment Companies

According to the Verge and National Journal, Tillis has also been "circulating a draft proposal of a bill that would completely reform the Digital Millennium Copyright Act (DMCA)."

The new bill “would include a ‘notice-and-staydown’ provision that could make copyright bots, like YouTube’s Content ID, stricter. National Journal noted that Tillis’ office would limit this provision to ‘complete or near-complete works’ and would focus on larger enterprises rather than small platforms or creators. Still, current copyright-striking tech has been hit-or-miss.”

Tillis' aggressive reforms are in line with the wants of large stakeholders in mainstream entertainment who own franchises and lucrative creative IP.

Possible Adult Industry Repercussions

Adult industry attorney Lawrence Walters, of the Walters Law Group, told XBIZ that he thinks “burying these controversial bills into must-pass COVID relief legislation is dirty pool, but politics as usual.”

The CASE Act “was widely criticized when it was first introduced — now it will likely become law and change copyright enforcement procedures for creators and publishers,” Walters added.

According to the industry attorney, “the new criminal prohibitions on infringing website content will generate significant legal exposure for video sharing sites and potentially [their] hosts. It is doubtful that these bills were actually read by the lawmakers and [they apparently] received no reasoned debate in Congress. We will be living with the consequences of these bills for many years to come.”

Copyright management expert Jason Tucker of Battleship Stance — who consults with major adult industry clients on the subject — described the "copyright pork" inserted into the COVID-19 bill as "a poorly written law that was rushed through and is, on its face, problematic."

"The small claims portion was intended to help rights holders enforce their rights without the cost of litigating in federal court," Tucker pointed out. "The shortfall is that both parties have to agree to participate. One can simply opt out. I also don't like the idea of non-Article III judges making a ruling on copyright cases like Judge Judy. It will be interesting to see how that works if at all."

Tucker said he doubts whether "some of what Congress passed is even enforceable. The felony for profiting off of streaming sounds like a gift to the entertainment business, but I am anticipating it initially creating a mess."

"Here is the takeaway," he told XBIZ. "In all instances, if you are profiting from work that you don't own or have a license for, you can be held liable. If you lead from that thought process you can navigate the issues."

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Roxie Rae Relaunches Site Through XSiteAbility

Roxie Rae has relaunched her site through XSiteAbility.

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Show More