S. 978 (112th): A bill to amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes.

The text of the bill below is as of May 12, 2011 (Reported by Senate Committee).

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II

Calendar No. 77

112th CONGRESS

1st Session

S. 978

IN THE SENATE OF THE UNITED STATES

May 12, 2011

(for herself, Mr. Cornyn, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

June 20 (legislative day, June 16), 2011

Reported by , without amendment

A BILL

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

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.

June 20 (legislative day, June 16), 2011

Reported without amendment