The Stop Online Piracy Act, better known as SOPA, is a bill that grants power to the federal government and copyright holders to take actions against sites that promote copyright infringement. The problem with the bill is its murky definition of what makes a site in violation. A site is in violation of the act if it operates with the “object of promoting, or has promoted, its use to carry out acts that constitute a violation” of copyright. Unfortunately, this includes any site that allows users to post text, images, audio or videos. There is no additional process for determining if a site actually infringes on this criteria.
At Behance, we take copyright very seriously. As an online platform for Creative Professionals, one of our goals is to help you get the exposure you deserve while at the same time protecting your work with copyright settings. Currently, we allow an assortment of copyright options via Creative Commons licensing, which is what most major photo-sharing sites use. We believe this affords a great balance of protecting your work and allowing it to get the exposure it deserves.
We constantly handle issues of copyright. After seeing both sides of the struggle, and helping both the accused and the accuser, we’ve been able to take an even, fair stance. It has required patience, care and a considerable amount of time. However, in cases where the accuser stands correct, we’ve been able to handle it in our own way by mediating situations, talking to all parties involved, and making even-handed, careful decisions.
Under SOPA, accusers have the option to go to the US Department of Justice. When complaints are lodged, they are not lodged against individuals, but rather an entire site. Should a court decide to take action against a site, they can issue orders against a site in its entirety. Measures include ordering online advertising networks to halt delivery of ads, and therefore revnue, and issuing orders to payment clearinghouses (paypal) to stop paying sites who are considered in violation. At an extreme, the court can issue an order to completely redirect the site.
As creatives moving around the Internet, this bill makes every post, project, or upload a target. Tumblr posts, personal portfolios, projects on Behance, Dribbbl’ed designs, artistic mash-ups, Cargo sites, photos on Flickr, and even tweets that contain copyrighted text. SOPA threatens to ruin careers, livelihoods, businesses, and even entire industries – not to mention creative expression. To help combat SOPA, contact your local congressperson, or go here.
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To read the bill
http://thomas.loc.gov/home/gpoxmlc112/h3261_ih.xml
Learn more about how Creative Commons protects your work
http://creativecommons.org/licenses/
Learn more about copyright on Behance
http://www.behance.net/faq/question?id=120
I’m so sick of the invasive arrogance of government and more especially their inept, illinformed and often ignorant approach to problems they feel they have the right to address. SOPA is another case of trying to kill a fly with a nuke- instead of trying to target specific areas or violators, they’re going after the web as a whole,
taking out so much good with the minority violators of copyright law. 1st amendment? Freedom of and right to information? Under the guise of “protection”, big government strips away our freedoms, one piece of legislation at a time. I’ve said it before and will continue to say it…You’re only as free as your government lets you be.
I just delivered a speech about this last month. I’m surprised that the bill hasn’t been panned already, but that can be touted up to the power wielded by lobbyists from MPAA and Co. Thanks for the succinct point of view and I hope dissenters of this would-be policy take the threat seriously. If the indie content creators are opposed to this, why are the creative giants opposed? There are infinitely better ways to deal with piracy than this bill.
I just delivered a speech about this last month. I’m surprised that the bill hasn’t been panned already, but that can be touted up to the power wielded by lobbyists from MPAA and Co. Thanks for the succinct point of view and I hope dissenters of this would-be policy take the threat seriously. If the indie content creators are opposed to this, why are the creative giants opposed? There are infinitely better ways to deal with piracy than this bill.
Sorry. as a photographer that is constantly being ripped off on the web, I welcome this bill. Seems to me those that are complaining are website operators that profit from stolen work. Shut em down.
@JPM I agree there is for sure another ways to deal with piracy. the huge talk about sopa or moving with it made think it’s the only solution but for truth it’s not. there is of course another ways.
Robert – I don’t think you understand how this works. If I came to your website and posted a link to infringing material (or even, say, noticed you selling photos with my company’s logo in them) I could complain to the DoJ, and have your site shut down. You don’t get to respond, you don’t get a trial. It’s just gone. Or worse yet, I can have your host do it so you don’t even know until it’s gone. THEN you can start the 6-9 month process of trying to get it returned because taking pictures of a billboard I put up is in fact Fair Use.
Creative people have the most to lose. Pirates will always find a way, and if people are actually profiting off your works, this bill does nothing to stop them nor grant you any additional powers you as an individual don’t already have. It just gives large companies a way to make an end-run around the legal and judicial framework established in this country.
Touche. Great arguments. Keep up the great effort.