[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 978 Reported in Senate (RS)]
Calendar No. 77
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
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.
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''.
Calendar No. 77
112th CONGRESS
1st Session
S. 978
_______________________________________________________________________
A BILL
To amend the criminal penalty provision for criminal infringement of a
copyright, and for other purposes.
_______________________________________________________________________
June 20 (legislative day, June 16), 2011
Reported without amendment