Foreign Anti-Digital Piracy Act
Foreign Anti-Digital Piracy Act
Plain Language Summary
# Foreign Anti-Digital Piracy Act (HR 791) Summary **What It Would Do:** This bill would allow copyright owners and companies with exclusive rights to copyrighted material to ask U.S. courts to block Americans' access to foreign websites that illegally share their work. Instead of going through lengthy lawsuits, copyright holders could petition federal courts for a quick preliminary order against foreign piracy sites. To succeed, they would need to show the site is likely infringing on their copyrighted material and that they would suffer significant financial harm without court intervention. **Who It Affects:** The bill primarily benefits movie studios, music labels, sports leagues, and other copyright holders by giving them faster legal tools to combat piracy. Consumers could be affected if ISPs (internet service providers) are required to block access to flagged sites.
Foreign website operators would also be impacted, as U.S. courts could order their content restricted in the United States. **Current Status:** As of now, HR 791 remains in committee and has not yet been voted on by Congress. The bill was introduced by Representative Zoe Lofgren (D-California) in the 119th Congress, meaning it is still in the early legislative process. For the bill to become law, it would need to pass through committee, get a full House vote, pass the Senate, and receive presidential approval.
CRS Official Summary
Foreign Anti-Digital Piracy Act or FADPAThis bill establishes a process for copyright owners and exclusive licensees to petition U.S. district courts to block access to foreign websites or online services that engage in copyright infringement. Specifically, the bill allows a copyright owner or an exclusive licensee of a copyright owner to file a petition in a U.S. district court for the issuance of a preliminary order declaring that a foreign website or online service is engaging in copyright infringement. The petition must show that (1) the transmission through a foreign website or online service of a copyrighted work or live event likely infringes on the exclusive right of the owner or licensee to reproduce, distribute, publicly perform, or publicly display such work; and (2) the owner or licensee is likely to suffer irreparable harm as a result of the infringement.The bill outlines the process and the time frame for the court to issue a preliminary order.After obtaining a preliminary order, the copyright owner or licensee may request for the court to issue a blocking order that requires certain broadband service providers to take measures to prevent their users from accessing the foreign website or online service identified in the order. The bill outlines the terms and conditions of such an order.The court may require the copyright owner or licensee to pay the reasonable costs and expenses directly incurred by the service provider to comply with the order. The bill includes liability protections for service providers.
Latest Action
Referred to the House Committee on the Judiciary.