of, regardless of whether audiovisual recording is the 
sole or primary purpose of the device.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 113 of title 18, United States 
Code, is amended by inserting after the item relating to 
section 2319A the following: 
‘‘2319B. Unauthorized recording of motion pictures in a motion picture exhi-
bition facility.’’. 
(c) DEFINITION.—Section 101 of title 17, United 
States Code, is amended by inserting after the definition 
of ‘‘Motion pictures’’ the following: ‘‘The term ‘motion pic-
ture exhibition facility’ means a movie theater, screening 
room, or other venue that is being used primarily for the 
exhibition of a copyrighted motion picture, if such exhi-
bition is open to the public or is made to an assembled 
group of viewers outside of a normal circle of a family 
and its social acquaintances.’’. 
SEC. 103. CRIMINAL INFRINGEMENT OF A WORK BEING 
PREPARED 
FOR 
COMMERCIAL 
DISTRIBU-
TION. 
(a) PROHIBITED ACTS.—Section 506(a) of title 17, 
United States Code, is amended to read as follows: 
‘‘(a) CRIMINAL INFRINGEMENT.— 
‘‘(1) IN GENERAL.—Any person who willfully 
infringes a copyright shall be punished as provided
under section 2319 of title 18, if the infringement 
was committed— 
‘‘(A) for purposes of commercial advantage 
or private financial gain; 
‘‘(B) by the reproduction or distribution, 
including by electronic means, during any 180- 
day period, of 1 or more copies or phonorecords 
of 1 or more copyrighted works, which have a 
total retail value of more than $1,000; or 
‘‘(C) by the distribution of a work being 
prepared for commercial distribution, by mak-
ing it available on a computer network acces-
sible to members of the public, if such person 
knew or should have known that the work was 
intended for commercial distribution. 
‘‘(2) EVIDENCE.—For purposes of this sub-
section, evidence of reproduction or distribution of a 
copyrighted work, by itself, shall not be sufficient to 
establish willful infringement of a copyright. 
‘‘(3) DEFINITION.—In this subsection, the term 
‘work being prepared for commercial distribution’ 
means— 
‘‘(A) a computer program, a musical work, 
a motion picture or other audiovisual work, or
a sound recording, if, at the time of unauthor-
ized distribution— 
‘‘(i) the copyright owner has a reason-
able expectation of commercial distribu-
tion; and 
‘‘(ii) the copies or phonorecords of the 
work have not been commercially distrib-
uted; or 
‘‘(B) a motion picture, if, at the time of 
unauthorized distribution, the motion picture— 
‘‘(i) has been made available for view-
ing in a motion picture exhibition facility; 
and 
‘‘(ii) has not been made available in 
copies for sale to the general public in the 
United States in a format intended to per-
mit viewing outside a motion picture exhi-
bition facility.’’. 
(b) CRIMINAL PENALTIES.—Section 2319 of title 18, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Whoever’’ and inserting 
‘‘Any person who’’; and 
(B) by striking ‘‘and (c) of this section’’ 
and inserting ‘‘, (c), and (d)’’;
(2) in subsection (b), by striking ‘‘section 
506(a)(1)’’ and inserting ‘‘section 506(a)(1)(A)’’; 
(3) in subsection (c), by striking ‘‘section 
506(a)(2) of title 17, United States Code’’ and in-
serting ‘‘section 506(a)(1)(B) of title 17’’; 
(4) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; 
(5) by adding after subsection (c) the following: 
‘‘(d) Any person who commits an offense under sec-
tion 506(a)(1)(C) of title 17— 
‘‘(1) shall be imprisoned not more than 3 years, 
fined under this title, or both; 
‘‘(2) shall be imprisoned not more than 5 years, 
fined under this title, or both, if the offense was 
committed for purposes of commercial advantage or 
private financial gain; 
‘‘(3) shall be imprisoned not more than 6 years, 
fined under this title, or both, if the offense is a sec-
ond or subsequent offense; and 
‘‘(4) shall be imprisoned not more than 10 
years, fined under this title, or both, if the offense 
is a second or subsequent offense under paragraph 
(2).’’; and 
(6) in subsection (f), as redesignated—
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(3) the term ‘financial gain’ has the meaning 
given the term in section 101 of title 17; and 
‘‘(4) the term ‘work being prepared for com-
mercial distribution’ has the meaning given the term 
in section 506(a) of title 17.’’. 
SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK 
BEING PREPARED FOR COMMERCIAL DIS-
TRIBUTION. 
(a) PREREGISTRATION.—Section 408 of title 17, 
United States Code, is amended by adding at the end the 
following: 
‘‘(f) PREREGISTRATION
OF WORKS BEING PRE-
PARED FOR COMMERCIAL DISTRIBUTION.— 
‘‘(1) RULEMAKING.—Not later than 180 days 
after the date of enactment of this subsection, the 
Register of Copyrights shall issue regulations to es-
tablish procedures for preregistration of a work that 
is being prepared for commercial distribution and 
has not been published.