[Congressional Record Volume 150, Number 90 (Friday, June 25, 2004)]
[Senate]
[Pages S7524-S7527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S7524]]
ARTISTS' RIGHTS AND THEFT PREVENTION ACT OF 2004
Mr. FRIST. I ask unanimous consent that the Senate now proceed to the
immediate consideration of Calendar No. 482, S. 1932.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1932) to provide criminal penalties for
unauthorized recording of motion pictures in a motion picture
exhibit facility, to provide criminal and civil penalties for
unauthorized distribution of commercial prerelease
copyrighted works, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
(Strike the part shown in black brackets and insert the part shown in
italic.)
S. 1932
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[SECTION 1. SHORT TITLE.
[This Act may be cited as the ``Artists' Rights and Theft
Prevention Act of 2003'' or the ``ART Act''.
[SEC. 2. CONGRESSIONAL FINDINGS.
[Congress finds the following:
[(1) Intellectual property, among other things, represents
the ideas, imagination and creativity needed to innovate long
before a product is brought to market. As such, it is
fundamental to the continued economic, social, and cultural
development of society and deserves the protection of our
laws.
[(2) Music, film, software, and all forms of intellectual
property represent one of the strongest and most significant
sectors of the United States economy, as demonstrated by the
fact that these industries
[(A) accounted for more than 5 percent of the United States
Gross Domestic Product (GDP), or $535,100,000,000 in 2001;
[(B) employ almost 6 percent of all United States
employment; and
[(C) led all major industry sectors in foreign sales and
exports in 2001.
[(3) In an attempt to combat the growing use of the
Internet and technology for the illegal reproduction and
distribution of copyrighted materials, Congress unanimously
passed and President Clinton signed the ``No Electronic
Theft'' or ``NET'' Act in 1997. The NET Act is designed to
strengthen copyright and trademark laws and to permit the
prosecution of individuals in cases involving large scale
illegal reproduction or distribution of copyrighted works
where the infringers act willfully.
[(4) Under the NET Act's requirement of economic harm,
investigations by law enforcement of copyright infringements
are particularly resource intensive and pose significant
challenges. In the interest of broader deterrence and in
order to facilitate the prosecution of particularly egregious
copyright violations, it is important to recognize that a
significant level of economic harm can be reached by the
distribution of so called ``prelease'' commercial works.
[(5) The use of camcorders and other audiovisual recording
devices in movie theaters to make illegal copies of films is
posing a serious threat to the motion picture industry.
According to a recent industry study, 92.4 percent of the
first copies of movies available for download on the Internet
originate from camcorders.
[(6) Given the difficulty of enforcement, online theft of
music, film, software, and all forms of intellectual property
continues to rise. The negative effects on this large segment
of the United States economy are significant, as exemplified
by almost a 31 percent drop in sales for the music industry
from mid-year 2000 to mid-year 2003, which even critics of
the industry acknowledge to be heavily influenced by the
rampant distribution of pirated music.
[(7) Federal legislation is necessary and warranted to
combat the most egregious forms of online theft of
intellectual property and its significant, negative economic
impact on the United States economy because
[(A) Article 1, section 8 of the Constitution confers upon
Congress the power ``[t]o promote the Progress of Science and
useful Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective Writings
and Discoveries,'' as well as the power ``[t]o regulate
Commerce with foreign nations, and among the several
States.'';
[(B) the importance of the music, film, software and other
intellectual property-based industries to the overall health
of the United States economy is well documented and
significant; and
[(C) theft and distribution of intellectual property across
State and international lines occurs on a regular basis.
[SEC. 3. CRIMINAL PENALTIES FOR UNAUTHORIZED RECORDING OF
MOTION PICTURES IN A MOTION PICTURE EXHIBITION
FACILITY.
[(a) In General.--Chapter 13 of title 18, United States
Code, is amended by adding after section 2319A the following
new section:
[``Sec. 2319B. UNAUTHORIZED RECORDING OF MOTION PICTURES IN A
MOTION PICTURE EXHIBITION FACILITY
[``(a) Offense.--Whoever, without the consent of the
copyright owner, knowingly uses or attempts to use an
audiovisual recording device in a motion picture exhibition
facility to transmit or make a copy of a motion picture or
other audiovisual work protected under title 17, United
States Code, or any part thereof, in a motion picture
exhibition facility shall--
[``(1) be imprisoned for not more than 3 years, fined under
this title, or both; or
[``(2) if the offense is a second or subsequent offense, be
imprisoned for no more than 6 years, fined under this title,
or both.
[``(b) Forfeiture and Destruction.--When a person is
convicted of a violation of subsection (a), the court in its
judgment of conviction shall, in addition to any penalty
provided, order the forfeiture and destruction or other
disposition of all unauthorized copies of motion pictures or
other audiovisual works protected under title 17, United
States Code, or parts thereof, and any audiovisual recording
devices or other equipment used in connection with the
offense.
[``(c) Authorized Activities.--This section does not
prevent any lawfully authorized investigative; protective, or
intelligence activity by an officer, agent, or employee of
the United States, a State, or a political subdivision of a
State, or a person acting pursuant to a contract with the
United States, a State, or a political subdivision of a
State.
[``(d) Victim Impact Statement.--
[``(1) In general.--During the preparation of the
presentence report pursuant to rule 32(c) of the Federal
Rules of Criminal Procedure, victims of an offense under this
section shall be permitted to submit to the probation officer
a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss
suffered by the victim, including the estimated economic
impact of the offense on that victim.
[``(2) Contents.--A victim impact statement submitted under
this subsection shall include--
[``(A) producers and sellers of legitimate works affected
by conduct involved in the offense;
[``(B) holders of intellectual property rights in the works
described in subparagraph (A); and
[``(C) the legal representatives of such producers,
sellers, and holders.
[``(e) Definitions.--As used in this section, the following
definitions shall apply:
[``(1) Audiovisual work, copy, and motion picture.--The
terms `audiovisual work', `copy', and `motion picture' have,
respectively, the meanings given those terms in section 101
of title 17, United States Code.
[``(2) Audiovisual recording device.--The term `audiovisual
recording device' means a digital or analog photographic or
video camera, or any other technology capable of enabling the
recording or transmission of a copyrighted motion picture or
other audiovisual work, or any part thereof, regardless of
whether audiovisual recording is the sole or primary purpose
of the device.
[``(3) Motion picture exhibition facility.--The term
`motion picture exhibition facility' means any theater,
screening room, lobby, indoor or outdoor screening venue,
ballroom, or other premises where copyrighted motion pictures
or other audiovisual works are publicly exhibited, regardless
of whether an admission fee is charges.''.
[(b) Chapter Analysis.--The chapter analysis for chapter
113 of title 18, United States Code, is amended by inserting
after the item relating to section 2319A the following:
[``2319B. Unauthorized recording of motion pictures in a motion picture
exhibition facility.''.
[SEC. 4. CRIMINAL INFRINGEMENT OF A COMMERCIAL PRERELEASE
COPYRIGHTED WORK.
[Section 2319 of title 18, United States Code, is amended--
[(1) by redesignating subsection (e) as subsection (f); and
[(2) by adding after subsection (d) the following:
[``(e)(1) For purposes of subsections (b) and (c) of this
section and of section 506(a) of title 17, United States
Code, in the case of a computer program, a nondramatic
musical work, a motion picture or other audio-visual work, or
a sound recording protected under title 17, United States
Code, that is being prepared for commercial distribution,
it shall be conclusively presumed that a person
distributed at least 10 copies or phonorecords of the
work, and that such copies or phonorecords have a total
retail value of more than $2,500, if that person--
[``(A) distributes such work by making it available on a
computer network accessible to members of the public who are
able to reproduce the work through such access without the
express consent of the copyright owner; and
[``(B) knew or should have known that the work was intended
for commercial distribution.
[``(2) For purposes of paragraph (1), a work protected
under title 17, United States Code, is being prepared for
commercial distribution--
[``(A) when at the time of unauthorized distribution, the
copyright owner had a reasonable expectation of substantial
commercial distribution and the work had not yet been so
distributed; or
[``(B) in the case of a motion picture, protected under
title 17, United States Code, when at the time of
unauthorized distribution, the work had been made available
for
[[Page S7525]]
viewing in motion picture exhibition facilities, but had not
been made available to the general public in the United
States in a format intended to permit viewing outside motion
picture exhibition facilities as defined in section 2319B.''.
[SEC. 5. CIVIL REMEDIES FOR INFRINGEMENT OF A COMMERCIAL
PRERELEASE COPYRIGHTED WORK.
[Section 504(b) of title 17, United States Code, is
amended--
[(1) by striking the first instance of ``The copyright''
and inserting the following:
[``(1) In general. The copyright''; and (2) by adding at
the end the following:
[``(2) Damage for prerelease infringement.--
[``(A) In general. In the case of a computer program, a
non-dramatic musical work, a motion picture or other
audiovisual work, or a sound recording protected under title
17, United States Code, that is being prepared for commercial
distribution, actual damages shall be presumed conclusively
to be no less that $2,500 per infringement, if a person--
[``(i) distributes such work by making it available on a
computer network accessible to members of the public who are
able to reproduce the work through such access without the
express consent of the copyright owner; and
[``(ii) knew or should have known that the work was
intended for commercial distribution.
[``(B) Work prepared for distribution. For purposes of
subparagraph (A), a work protected under this title is being
prepared for commercial distribution--
[``(i) when at the time of unauthorized distribution, the
copyright owner had a reasonable expectation of substantial
commercial distribution and the work had not yet been so
distributed; or
[``(ii) in the case of a motion picture, protected under
this title, when at the time of unauthorized distribution,
the work had been made available for viewing in motion
picture exhibition facilities, but had not been made
available to the general public in the United States in a
format intended to permit viewing outside motion picture
exhibition facilities as defined in section 2319B of title
18.''.
SEC. 6. SENTENCING GUIDELINES.
[(a) In General. Not later than 180 days after the date of
enactment of this Act, the United States Sentencing
Commission shall--
[(1) review the Federal sentencing guidelines with respect
to offenses involving the illegal reproduction and
distribution of copyrighted works in violation of Federal
law, including violations of section 2319 and section 2319B
of title 18, United States Code;
[(2) amend the Federal sentencing guidelines, as necessary,
to provide for increased penalties for offenses involving the
illegal reproduction and distribution of works protected
under title 17, United States Code, in a manner that reflects
the serious nature of, and need to deter, such offenses;
[(3) submit a report to Congress that details its findings
and amendments; and
[(4) take such other action that the Commission considers
necessary to carry out this Act.
[(b) Consultation.--In carrying out this section, the
United States Sentencing Commission shall seek input from the
Department of Justice, copyright owners, and other interested
parties.
[SEC. 7. AUTHORIZATION.
[There is authorized to be appropriated to the Department
of Justice an additional $5,000,000 for each of fiscal years
2005, 2006, 2007, 2008, and 2009 to prosecute violations of
section 2319 of title 18, United States Code.]
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Artists' Rights and Theft
Prevention Act of 2004'' or the ``ART Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) Intellectual property--
(A) represents the ideas, imagination and creativity needed
to innovate long before a product is brought to market;
(B) is fundamental to the continued economic, social, and
cultural development of society; and
(C) deserves the protection of our laws.
(2) Music, film, software, and all other forms of
intellectual property represent one of the strongest and most
significant sectors of the United States economy, as
demonstrated by the fact that these industries--
(A) accounted for more than 5 percent of the United States
Gross Domestic Product, or $535,100,000,000 in 2001;
(B) represent almost 6 percent of all United States
employment; and
(C) led all major industry sectors in foreign sales and
exports in 2001.
(3) In an attempt to combat the growing use of the Internet
and technology for the illegal reproduction and distribution
of copyrighted materials, Congress unanimously passed and
President Clinton signed the ``No Electronic Theft (NET)
Act'' in 1997. The NET Act is designed to strengthen
copyright and trademark laws and to permit the prosecution of
individuals in cases involving large-scale illegal
reproduction or distribution of copyrighted works where the
infringers act willfully.
(4) Under the No Electronic Theft (NET) Act's economic harm
requirement, investigations by law enforcement of copyright
infringements are particularly resource intensive and pose
significant challenges. In the interest of broader deterrence
and in order to facilitate the prosecution of particularly
egregious copyright violations, it is important to recognize
that a significant level of economic harm can be reached by
the distribution of prerelease commercial works.
(5) The use of camcorders and other audiovisual recording
devices in movie theaters to make illegal copies of films is
posing a serious threat to the motion picture industry.
According to a recent industry study, 92.4 percent of the
first copies of movies available for download on the Internet
originate from camcorders.
(6) Given the difficulty of enforcement, online theft of
music, film, software, and all forms of intellectual property
continues to rise. The negative effects on this large segment
of the United States economy are significant, as exemplified
by almost a 31 percent drop in sales for the music industry
from the middle of 2000 to the middle of 2003.
(7) Federal legislation is necessary and warranted to
combat the most egregious forms of online theft of
intellectual property and its significant, negative economic
impact on the United States economy because--
(A) Article 1, section 8 of the United States Constitution
gives Congress the power ``[t]o promote the Progress of
Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective
Writings and Discoveries,'' as well as the power ``[t]o
regulate Commerce with foreign nations, and among the several
States.'';
(B) the importance of the music, film, software and other
intellectual property-based industries to the overall health
of the United States economy is well documented and
significant; and
(C) theft and unauthorized distribution of intellectual
property across State and international lines occurs on a
regular basis.
SEC. 3. CRIMINAL PENALTIES FOR UNAUTHORIZED RECORDING OF
MOTION PICTURES IN A MOTION PICTURE EXHIBITION
FACILITY.
(a) In General.--Chapter 113 of title 18, United States
Code, is amended by adding after section 2319A the following
new section:
``Sec. 2319B. Unauthorized recording of motion pictures in a
motion picture exhibition facility
``(a) Offense.--Any person who, without the authorization
of the copyright owner, knowingly uses or attempts to use an
audiovisual recording device to transmit or make a copy of a
motion picture or other audiovisual work protected under
title 17, or any part thereof, from a performance of such
work in a motion picture exhibition facility, shall--
``(1) be imprisoned for not more than 3 years, fined under
this title, or both; or
``(2) if the offense is a second or subsequent offense, be
imprisoned for no more than 6 years, fined under this title,
or both.
``(b) Forfeiture and Destruction.--When a person is
convicted of a violation of subsection (a), the court in its
judgment of conviction shall, in addition to any penalty
provided, order the forfeiture and destruction or other
disposition of all unauthorized copies of motion pictures or
other audiovisual works protected under title 17, or parts
thereof, and any audiovisual recording devices or other
equipment used in connection with the offense.
``(c) Authorized Activities.--This section does not prevent
any lawfully authorized investigative, protective, or
intelligence activity by an officer, agent, or employee of
the United States, a State, or a political subdivision of a
State, or a person acting under a contract with the United
States, a State, or a political subdivision of a State.
``(d) Immunity for Theaters.--With reasonable cause, the
owner or lessee of a facility where a motion picture is being
exhibited, the authorized agent or employee of such owner or
lessee, the licensor of the motion picture being exhibited,
or the agent or employee of such licensor--
``(1) may detain, in a reasonable manner and for a
reasonable time, any person suspected of a violation of this
section for the purpose of questioning or summoning a law
enforcement officer; and
``(2) shall not be held liable in any civil or criminal
action arising out of a detention under paragraph (1).
``(e) Victim Impact Statement.--
``(1) In general.--During the preparation of the
presentence report under rule 32(c) of the Federal Rules of
Criminal Procedure, victims of an offense under this section
shall permitted to submit to the probation officer a victim
impact statement that identifies the victim of the offense
and the extent and scope of the injury and loss suffered by
the victim, including the estimated economic impact of the
offense on that victim.
``(2) Contents.--A victim impact statement submitted under
this subsection shall include--
``(A) producers and sellers of legitimate works affected by
conduct involved in the offense;
``(B) holders of intellectual property rights in the works
described in subparagraph (A); and
``(C) the legal representatives of such producers, sellers,
and holders.
``(f) Definitions.--In this section, the following
definitions shall apply:
``(1) Title 17 definitions.--The terms `audio-visual work',
`copy', `copyright owner', `motion picture', `motion picture
exhibition facility', and `transmit' have, respectively, the
meanings given those terms in sections 101 of title 17.
``(2) Audiovisual recording device.--The term `audiovisual
recording device' means a digital or analog photographic or
video camera, or any other technology or device capable of
enabling the recording or transmission of a copyrighted
motion picture or other audiovisual
[[Page S7526]]
work, or any part thereof, regardless of whether audiovisual
recording is the sole or primary purpose of the device.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 113 of title 18, United States Code, is
amended by inserting after the item relating to section 2319A
the following:
``2319B. Unauthorized recording of motion pictures in a motion picture
exhibition facility.''.
``(c) Definition.--Section 101 of title 17, United States
Code, is amended by inserting after the definition of
``Motion pictures'' the following:
``The term `motion picture exhibition facility' means a
movie theater, screening room, or other venue that is being
used primarily for the exhibition of a copyrighted motion
picture, if such exhibition is open to the public or is made
to an assembled group of viewers outside of a normal circle
of a family and its social acquaintances.''.
SEC. 4. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR
COMMERCIAL DISTRIBUTION.
(a) Prohibited Acts.--Seciton 506(a) of title 17, United
States Code, is amended to read as follows:
``(a) Criminal Infringement.--
``(1) In general.--Any person who willfully infringes a
copyright shall be punished as provided under section 2319 of
title 18, if the infringement was committed--
``(A) for purposes of commercial advantage or private
financial gain;
``(B) by the reproduction or distribution, including by
electronic means, during any 180-day period, of 1 or more
copies or phonorecords of 1 or more copyrighted works, which
have a total retail value of more than $1,000; or
``(C) by the distribution of a work being prepared for
commercial distribution, by making it available on a computer
network accessible to members of the public if such person
knew or should have known that the work was intended for
commercial distribution.
``(2) Evidence.--For purposes of this subsection, evidence
of reproduction or distribution of a copyrighted work, by
itself, shall not be sufficient to establish willful
infringement of a copyright.
``(3) Definition.--In this subsection, the term `work being
prepared for commercial distribution' means--
``(A) a computer program, a musical work, a motion picture
or other audiovisual work, or a sound recording, if at the
time of unauthorized distribution--
``(i) the copyright owner has a reasonable expectation of
commercial distribution; and
``(ii) the copies or phonorecords of the work have not been
commercially distributed; or
``(B) a motion picture, if at the time of unauthorized
distribution, the motion picture--
``(i) has been made available for viewing in a motion
picture exhibition facility; and
``(ii) has not been made available in copies for sale to
the general public in the United States in a format intended
to permit viewing outside a motion picture exhibition
facility.''.
(b) Criminal Penalties.--Section 2319 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Whoever'' and inserting ``Any person
who''; and
(B) by striking ``and (c) of this section'' and inserting
``, (c), and (d)'';
(2) in subsection (b), by striking ``section 506(a)(1)''
and inserting ``section 506(a)(1)(A);
(3) in subsection (c), by striking ``section 506(a)(2) of
title 17, United States Code'' and inserting ``section
506(a)(1)(B) of title 17'';
(4) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(5) by adding after subsection (c) the following:
``(d) Any person who commits an offense under section
506(a)(1)(C) of title 17--
``(1) shall be imprisoned not more than 3 years, fined
under this title or both;
``(2) shall be imprisoned not more than 5 years, fined
under this title, or both, if the offense was committed for
purposes of commercial advantage or private financial gain;
``(3) shall be imprisoned not more than 6 years, fined
under this title, or both, if the offense is a second or
subsequent offense; and
``(4) shall be imprisoned not more than 10 years, fined
under this title, or both, if the offense is a second or
subsequent offense under paragraph (2).''; and
(6) in subsection (f), as redesignated--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the term `financial gain' has the meaning given the
term in section 101 of the title 17; and
``(4) the term `work being prepared for commercial
distribution' has the meaning given the term in section
506(a) of title 17.''.
SEC. 5. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING
PREPARED FOR COMMERCIAL DISTRIBUTION.
(a) Preregistration.--Section 408 of title 17, United
States Code, is amended by adding at the end the following:
``(f) Preregistration of Works Being Prepared for
Commercial Distribution.--
``(1) Rulemaking.--Not later than 180 days after the date
of enactment of this Act, the Register of Copyrights shall
issue regulations to establish procedures for preregistration
of a work that is being prepared for commercial distribution
and has not been published.
``(2) Class of works.--The regulations established under
paragraph (1) shall permit preregistration for any work that
is in a class of works that the Register determines has had a
history of infringement prior to authorized commercial
distribution.
``(3) Application for registration.--Not later than 3
months after the first publication of the work, the applicant
shall submit to the Copyright Office--
``(A) an application for registration of the work;
``(B) a deposit; and
``(C) the applicable fee.
``(4) Effect of Untimely Application.--An action for
infringement under this chapter shall be dismissed, and no
award of statutory damages or attorney fees shall be made for
a preregistered work, if the items described in paragraph 3
are not submitted to the Copyright Office in proper form
within the earlier of--
``(A) 3 months after the first publication of the work; or
``(B) 1 month after the copyright owner has learned of the
infringement.''.
(b) Infringement Actions.--Section 411(a) of title 17,
United States Code, is amended by inserting ``preregistration
or'' after ``shall be instituted until''.
(c) Exclusion.--Section 412 of title 17, United States
Code, is amended by inserting ``, an action for infringement
of the copyright of a work that has been preregistered under
section 408(f) before the commencement of the infringement''
after ``section 106A(a)''.
SEC. 6. FEDERAL SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 180 days after
the date of enactment of this Act, the United States
Sentencing Commission, pursuant to its authority under
section 994 of title 28, United States Code, and in
accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and
policy statements applicable to persons convicted of
intellectual property rights crimes, including any offense
under--
(1) section 506, 1201, or 1202 of title 17, United States
Code; or
(2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18,
United States Code.
(b) Authorization.--The United States Sentencing Commission
may amend the Federal sentencing guidelines in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note) as though the
authority under that section had not expired.
(c) Responsibilities of United States Sentencing
Commission.--In carrying out this subsection, the United
States Sentencing Commission shall--
(1) take all appropriate measures to ensure that the
Federal sentencing guidelines and policy statements described
in subsection (a) are sufficiently stringent to deter, and
adequately reflect the nature of, intellectual property
rights crimes;
(2) determine whether to provide a sentencing enhancement
for those convicted of the offenses described in subsection
(a), if the conduct involves the display, performance,
publication, reproduction, or distribution of a copyrighted
work before it has been authorized by the copyright owner,
whether in the media format used by the infringing party or
in any other media format;
(3) determine whether the scope of ``uploading'' set forth
in application note 3 of section 2B5.3 of the Federal
sentencing guidelines is adequate to address the loss
attributable to people who broadly distribute copyrighted
works without authorization over the Internet; and
(4) determine whether the sentencing guidelines and policy
statements applicable to the offenses described in subsection
(a) adequately reflect any harm to victims from copyright
infringement if law enforcement authorities cannot determine
how many times copyright material has been reproduced or
distributed.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appointed to the Department of
Justice $5,000,000 for each of the fiscal years 2005, 2006,
2007, 2008, and 2009 to prosecute violations of intellectual
property rights as set forth under sections 2318, 2319,
2319A, 2319B, and 2320 of title 18, United States Code.
Mr. LEAHY. Madam President, I am glad that the Senate can today pass
the ART Act, a piece of legislation that will help protect America's
movies from a form of piracy that has become all too prevalent. This
legislation will provide law enforcement with another important tool in
fighting the harms wreaked by intellectual property theft, which robs
our innovators--not to mention all those working behind the scenes--of
compensation owed to them for producing films that carry American
culture around the globe. The Motion Picture Association of America
estimates that the movie industry loses $3 billion worldwide to piracy
each and every year.
Too often, we think of movie piracy as a disease whose symptoms are
manifest only in foreign territories. While it is true that much of the
movie industry's losses occur due to lax intellectual property
enforcement in countries where the authorities are either ill-equipped
or disinclined to enforce creators' rights, there is much we can do in
this country to get our own IP house in order.
I appreciate that Senator Hatch, Senator Feinstein, and Senator
Cornyn have been so willing to address my concerns that the bill as
introduced might inadvertently have a negative impact on the TEACH Act.
In the 107th Congress, Senator Hatch and I worked
[[Page S7527]]
to pass the TEACH Act, which ensured that educators could use limited
portions of dramatic literary and musical works, audiovisual works, and
sound recordings, in addition to the complete versions of non-dramatic
literary and musical works that were already permitted, and that they
could use the Internet to do so.
I also appreciate my colleagues' willingness to eliminate the
presumptions in the criminal liability provisions, and to take up the
Copyright Office's creative ideas for addressing pre-release works.
Were it not for their willingness to address these concerns, I would
not have been able to offer my support for this bill. I thank my
colleagues for their assurances as well as for their hard work in
gaining passage of this important legislation.
Mr. FRIST. I ask unanimous consent that the committee substitute
amendment be adopted, the bill, as amended, be read the third time and
passed, the motion to reconsider be laid on the table, and any
statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The bill (S. 1932), as amended, was read the third time, and passed.
____________________