II
Calendar No. 77
112th CONGRESS
1st Session
S. 978
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
June 20 (legislative day, June 16), 2011
Reported by Mr. Leahy, without amendment
A BILL
To amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes.
Criminal infringement of a copyright
Amendments to section 2319 of title 18
Section 2319 of title 18, United States Code, is amended—
in subsection (b)—
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
by inserting after paragraph (1) the following:
shall be imprisoned not more than 5 years, fined in the amount set forth in this title, or both, if—
the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and
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
the total fair market value of licenses to offer performances of those works would exceed $5,000;
; and
in subsection (f), by striking paragraph (2) and inserting the following:
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;
.
Amendment to section 506 of title 17
Section 506(a) of title 17, United States Code, is amended—
in paragraph
(1)(C), by inserting or public performance
after
distribution
the first place it appears; and
in paragraph (3)—
in subparagraph
(A), by inserting or public performance
after
unauthorized distribution
; and
in subparagraph
(B), by inserting or public performance
after
distribution
.
June 20 (legislative day, June 16), 2011
Reported without amendment