‘‘(2) Persons permitted to submit victim impact state-
ments shall include—
‘‘(A) producers and sellers of legitimate works af-
fected 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 follow-
ing:
‘‘(d) VICTIM IMPACT STATEMENT.—(1) During prepa-
ration of the presentence report pursuant to Rule 32(c) of
the Federal Rules of Criminal Procedure, victims of the of-
fense 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 eco-
nomic impact of the offense on that victim.
‘‘(2) Persons permitted to submit victim impact state-
ments shall include—
‘‘(A) producers and sellers of legitimate works af-
fected 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 SERV-
ICES.—Section 2320 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 follow-
ing:
‘‘(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 sub-
mit, 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 vic-
tim, including the estimated economic impact of the offense
on that victim.
‘‘(2) Persons permitted to submit victim impact state-
ments 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 con-
sideration of the retail value and quantity of the items with
respect to which the crime against intellectual property was
committed.
SEC. 3. INFRINGEMENT BY UNITED STATES.
Section 1498(b) of title 28, United States Code, is
amended by striking ‘‘remedy of the owner of such copyright
shall be by action’’ and inserting ‘‘action which may be
brought for such infringement shall be an action by the
copyright owner’’.
SEC. 4. CLARIFICATION OF LIABILITY FOR COPYRIGHT IN-
FRINGEMENT.
Except as expressly provided in this Act, nothing in
this Act or the amendments made by this Act modifies li-
ability for copyright infringement, including the standard
of willfulness for criminal infringement.