Foreign Anti-Digital Piracy Act

Foreign Anti-Digital Piracy Act or FADPA

This 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.