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S 1122
104th CONGRESS
1st Session
To amend the provisions of titles 17 and 18, United States Code, to
provide greater copyright protection by amending criminal copyright
infringement provisions, and for other purposes.
IN THE SENATE OF THE UNITED STATES
August 4 (legislative day, JULY 10), 1995
Mr. LEAHY (for himself and Mr. FEINGOLD) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
A BILL
To amend the provisions of titles 17 and 18, United States Code, to
provide greater copyright protection by amending criminal copyright
infringement provisions, and for other purposes.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Criminal Copyright Improvement Act
of 1995'.
SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS.
(a) DEFINITION OF FINANCIAL GAIN- Section 101 of title 17, United
States Code, is amended by inserting after the undesignated
paragraph relating to the term `display', the following new
paragraph:
`The term `financial gain' includes receipt of anything of
value, including the receipt of other copyrighted works.'.
(b) CRIMINAL OFFENSES- Section 506(a) of title 17, United States
Code, is amended to read as follows:
`(a) CRIMINAL INFRINGEMENT- Any person who infringes a copyright
willfully either--
`(1) for purposes of commercial advantage or private
financial gain; or
`(2) by the reproduction or distribution, including by
transmission, or assisting others in such reproduction or
distribution, of 1 or more copies, of 1 or more copyrighted
works, which have a total retail value of $5,000 or more,
shall be punished as provided under section 2319 of title 18.'.
(c) LIMITATION ON CRIMINAL PROCEEDINGS- Section 507(a) of title
17, United States Code, is amended by striking out `three' and
inserting in lieu thereof `five'.
(d) CRIMINAL INFRINGEMENT OF A COPYRIGHT- Section 2319 of title
18, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
out `subsection (a) of this section' and inserting in lieu
thereof `section 506(a)(1) of title 17';
(B) in paragraph (1)--
(i) by inserting `including by transmission, or
assisting others in such reproduction or distribution,'
after `if the offense consists of the reproduction or
distribution,';
(ii) by striking out `with a retail value of more
than $2,500' and inserting in lieu thereof `which have
a total retail value of more than $5,000'; and
(iii) by adding `and' at the end thereof;
(C) by striking out paragraph (2); and
(D) by redesignating paragraph (3) as paragraph (2); and
(2) by redesignating subsection (c) as subsection (f) and
inserting after subsection (b) the following:
`(c) Any person who commits an offense under section 506(a)(2) of
title 17--
`(1) shall be imprisoned not more than 5 years, or fined in
the amount set forth in this title, or both, if the offense
consists of the reproduction or distribution, including by
transmission, or assisting others in such reproduction or
distribution, of 1 or more copyrighted works, which have a
total retail value of more than $10,000; and
`(2) shall be imprisoned not more than 1 year, or fined in
the amount set forth in this title, or both, in any other case.
`(d) Any person who commits an offense under subsection (a) shall
be imprisoned not more than 10 years, or fined in the amount set
forth in this title, or both, if the offense is a second or
subsequent felony offense under that subsection.
`(e)(1) During preparation of the presentence report pursuant to
rule 32(c) of the Federal Rules of Criminal Procedure, victims of
the offense shall be permitted to submit, and the probation officer
shall receive, 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) Persons permitted to submit victim impact statements shall
include--
`(A) producers and sellers of legitimate works affected by
conduct involved in the offense;
`(B) holders of intellectual property rights in such works;
and
`(C) the legal representatives of such producers, sellers,
and holders.'.
(e) UNAUTHORIZED FIXATION AND TRAFFICKING OF LIVE MUSICAL
PERFORMANCES- Section 2319A of title 18, United States Code, is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
`(d) VICTIM IMPACT STATEMENT- (1) During preparation of the
presentence report pursuant to rule 32(c) of the Federal Rules of
Criminal Procedure, victims of the offense shall be permitted to
submit, and the probation officer shall receive, 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) Persons permitted to submit victim impact statements shall
include--
`(A) producers and sellers of legitimate works affected by
conduct involved in the offense;
`(B) holders of intellectual property rights in such works;
and
`(C) the legal representatives of such producers, sellers,
and holders.'.
(f) TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES- Section 2320 of
title 18, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
`(d)(1) During preparation of the presentence report pursuant to
rule 32(c) of the Federal Rules of Criminal Procedure, victims of
the offense shall be permitted to submit, and the probation officer
shall receive, 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) Persons permitted to submit victim impact statements shall
include--
`(A) producers and sellers of legitimate goods or services
affected by conduct involved in the offense;
`(B) holders of intellectual property rights in such goods or
services; and
`(C) the legal representatives of such producers, sellers,
and holders.'.
(g) DIRECTIVE TO SENTENCING COMMISSION- (1) Under the authority
of the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat.
1987) and section 21 of the Sentencing Act of 1987 (Public Law
100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the
authority to amend the sentencing guidelines and policy
statements), the United States Sentencing Commission shall ensure
that the applicable guideline range for a defendant convicted of a
crime against intellectual property (including offenses set forth
at section 506(a) of title 17, United States Code, and sections
2319, 2319A and 2320 of title 18, United States Code) is
sufficiently stringent to deter such a crime, and to adequately
reflect the additional considerations set forth in paragraph (2) of
this subsection.
(2) In implementing paragraph (1), the Sentencing Commission
shall ensure that the guidelines provide for consideration of the
retail value of the legitimate items that are infringed upon and
the quantity of items so infringed.