1.Criminal infringement of a
copyright
(a)Amendments to
section 2319 of title 18Section 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 17Section 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