S 978

112th CONGRESS
1st Session

S. 978

To amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 12, 2011

Ms. KLOBUCHAR (for herself, Mr. CORNYN, and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. CRIMINAL INFRINGEMENT OF A COPYRIGHT.

    (a) Amendments to Section 2319 of Title 18- Section 2319 of title 18, United States Code, is amended--

      (1) in subsection (b)--

        (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

        (B) by inserting after paragraph (1) the following:

      `(2) shall be imprisoned not more than 5 years, fined in the amount set forth in this title, or both, if--

        `(A) the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and

        `(B)(i) the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, would exceed $2,500; or

        `(ii) the total fair market value of licenses to offer performances of those works would exceed $5,000;'; and

      (2) in subsection (f), by striking paragraph (2) and inserting the following:

      `(2) the terms `reproduction', `distribution', and `public performance' refer to the exclusive rights of a copyright owner under clauses (1), (3), (4), and (6), respectively of section 106 (relating to exclusive rights in copyrighted works), as limited by sections 107 through 122, of title 17;'.

    (b) Amendment to Section 506 of Title 17- Section 506(a) of title 17, United States Code, is amended--

      (1) in paragraph (1)(C), by inserting `or public performance' after `distribution' the first place it appears; and

      (2) in paragraph (3)--

        (A) in subparagraph (A), by inserting `or public performance' after `unauthorized distribution'; and

        (B) in subparagraph (B), by inserting `or public performance' after `distribution'.

END