I
105TH CONGRESS
1ST SESSION
H. R. 2265
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 HOUSE OF REPRESENTATIVES
JULY 25, 1997
Mr. GOODLATTE (for himself, Mr. COBLE, Mr. FRANK of Massachusetts, and
Mr. CANNON) introduced the following bill; which was 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 amend-
ing criminal copyright infringement provisions, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘No Electronic Theft
(NET) Act’’.
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 in-
fringes a copyright willfully either—
‘‘(1) for purposes of commercial advantage or
private financial gain; or
‘‘(2) by the reproduction or distribution, includ-
ing by electronic means, of 1 or more copies, of 1
or more copyrighted works,
shall be punished as provided under section 2319 of title
18.’’
(c) LIMITATION ON CRIMINAL PROCEEDINGS.—Sec-
tion 507(a) of title 17, United States Code, is amended
by striking ‘‘three’’ and inserting ‘‘5’’.
(d) CRIMINAL INFRINGEMENT OF A COPYRIGHT.—
Section 2319 of title 18, United States Code, is amend-
ed—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1),
by striking ‘‘subsection (a) of this section’’ and
inserting ‘‘section 506(a)(1) of title 17’’; and
(B) in paragraph (1)—
(i) by inserting ‘‘including by elec-
tronic means,’’ after ‘‘if the offense con-
sists of the reproduction or distribution,’’;
(ii) by striking ‘‘with a retail value of
more than $2,500’’ and inserting ‘‘which
have a total retail value of more than
$5,000’’; and
(iii) by adding ‘‘and’’ at the end; and
(2) by redesignating subsection (c) as sub-
section (e) and inserting after subsection (b) the fol-
lowing:
‘‘(c) Any person who commits an offense under sec-
tion 506(a)(2) of title 17—
‘‘(1) shall be imprisoned not more than 3 years,
or fined in the amount set forth in this title, or both,
if the offense consists of the reproduction or dis-
tribution, including by electronic means, during any
180-day period, of 10 or more copies of 1 or more
copyrighted works, which have a total retail value of
more than $5,000;
‘‘(2) shall be imprisoned not more than 6 years,
or fined in the amount set forth in this title, or both,
if the offense is a second or subsequent offense
under paragraph (1); and
‘‘(3) 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)(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 produc-
ers, 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 prep-
aration 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 identi-
fies 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 vic-
tim.
‘‘(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 produc-
ers, sellers, and holders.’’.