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[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
```