Section 201(b)(1) expands criminal copyright infringement to include:
…At least 10 copies or phonorecords, or of at least 10 public performances by means of digital transmission, of 1 or more copyrighted works, during any 180-day period, which have a total retail value of more than $2,500.
Now, the way that the value of a work can be computed in court is the very crude (value of the work times number of views).
…Total retail value may be shown by evidence of the total retail price that persons receiving the reproductions, distributions, or public performances constituting the offense would have paid to receive such reproductions, distributions, or public performances lawfully.
This means, for example, if you upload a video to YouTube of you singing a popular song, and that song might sell for $1, and your video gets 2,500 views, you are guilty of felony copyright infringement. Furthermore, you can tack on “willful infringement for commercial gain or valued at more than $1,000.”
This would make you a felon, and if a copyright holder were to bring a suit against you, would give you a criminal record that would make it virtually impossible to gain future employment, and may subject you to up to three years in prison for singing a song. You don’t have to receive any money. You don’t have to gain anything from your video. Simply receiving 2,500 views on a song you sung, which happens to have copyright held by someone else, makes you a felon.
Section 201(c) of SOPA includes a new rule of construction: a person with “a good faith reasonable basis in law to believe that the person’s conduct is lawful shall not be considered to have acted willfully for purposes of the amendments made by this section.” By implication, a person who believed her conduct was protected (e.g., fair use) might be found to have acted “willfully,” if her belief about the law is held to be unreasonable.
SOPA expands “willful infringement” to include those who don’t understand the law, not just those who understand it and choose to ignore it.