II

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. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4

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SECTION 1. CRIMINAL INFRINGEMENT OF A COPYRIGHT.

(a) AMENDMENTS

TO

SECTION 2319

OF

TITLE 18.

5 Section 2319 of title 18, United States Code, is amend6 ed 7 (1) in subsection (b)

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(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

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3 1 2 3 rights in copyrighted works), as limited by sections 107 through 122, of title 17;. (b) AMENDMENT
TO

SECTION 506

OF

TITLE 17.

4 Section 506(a) of title 17, United States Code, is amend5 ed 6 7 8 9 10 11 12 13 14 (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.

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S 978 RS
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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

srobinson on DSK4SPTVN1PROD with BILLS

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