Artists' Rights and Theft Prevention Act of 2004

Bill: 108-s-1932
Sponsor: Sen. Cornyn, John [R-TX]
Introduced: 2003-11-22 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Artists
Arts, Culture, Religion
Commerce
Compensation for victims of crime
Computer networks
Computer programming
Computer software
Congress
Congressional agencies
Copyright
Counterfeiting
Damages
Detention of persons
Federal libraries
Fines (Penalties)
Forfeiture
Government Operations and Politics
Government paperwork
Intellectual property
Internet
Labeling
Law
Legal fees
Liability (Law)
Library of Congress
Motion pictures
Music
Prosecution
Science, Technology, Communications
Sentences (Criminal procedure)
Sentencing guidelines
Sound recording and reproducing
Theater
U.S. Sentencing Commission
Victims of crimes
Video tape recording

Summary:
action_date: 2003-11-22
text: 
Artists' Rights and Theft Prevention Act of 2003 (ART Act) - Establishes criminal penalties for the unauthorized recording of motion pictures in a motion picture exhibition facility. Directs the court to order the forfeiture and destruction or other disposition of all unauthorized copies of motion pictures or other protected audiovisual works and of any audiovisual recording devices or other equipment used in connection with the offense. Sets forth an exception for certain lawful investigative, protective, or intelligence activity.
 
Requires victims of the offense to be permitted, during the preparation of the presentence report, to submit to the probation officer a victim impact statement on the extent and scope of the injury and loss suffered.
 
Sets forth conclusive presumptions pertaining to criminal and civil infringement of commercial prerelease copyrighted works with respect to a computer program, a nondramatic musical work, a motion picture or other audiovisual work, or a protected sound recording
 
Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving the illegal reproduction and distribution of copyrighted works in violation of Federal law and, as necessary, provide for increased penalties. Authorizes appropriations to the Department of Justice for FY 2005 through 2009 to prosecute violations of this Act.

action_date: 2004-04-29
text: 
Artists' Rights and Theft Prevention Act of 2004 (ART Act) - (Sec. 3) Amends the Federal criminal code to prohibit use of an audiovisual recording device to transmit or copy a protected audiovisual work from a performance in a motion picture exhibition facility without the authorization of the copyright owner. Authorizes a court, upon a conviction, to order the forfeiture and destruction of unauthorized copies and of equipment used in such an offense. Permits a facility owner, motion picture licensor, or employee thereof to detain any person suspected of violating such prohibition for purposes of questioning or summoning a law enforcement officer. Grants such parties immunity from liability for such detention. Requires that victims be permitted to submit for inclusion in the presentence report a victim impact statement identifying the injuries and losses suffered.
 
(Sec. 4) Establishes criminal penalties for willful copyright infringement by the distribution of a computer program, musical work, motion picture or other audiovisual work, or sound recording being prepared for commercial distribution by making it available on a computer network accessible to members of the public, if the person knew or should have known that the work was intended for commercial distribution.
 
 
 

 
(Sec. 5) Directs the Register of Copyrights to issue regulations to establish procedures for preregistration of a work that is being prepared for commercial distribution and has not been published. Requires such regulations to permit preregistration for any work that is in a class of works that the Register determines has had a history of infringement prior to authorized commercial distribution. Requires the applicant to submit, within three months after the work's first publication, an application for registration, a deposit, and the applicable fee. Directs that an application for infringement be dismissed, and prohibits any award of statutory damages or attorney fees, for a preregistered work if those items are not submitted to the Copyright Office in proper form within the earlier of: (1) three months after the work's first publication; or (2) one month after the copyright owner has learned of the infringement.
 
(Sec. 6) Directs the U.S. Sentencing Commission to review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights offenses, including trafficking in counterfeit labels for phonorecords and copies of motion pictures and unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances. Directs the Commission to: (1) take measures to ensure that the guidelines and policy statements are sufficiently stringent to deter, and adequately reflect the nature of, intellectual property crimes; (2) determine whether to provide a sentencing enhancement for those convicted of the listed offenses if the conduct involves the display, performance, publication, reproduction, or distribution of a copyrighted work before it has been authorized; (3) determine whether the scope of &quot;uploading&quot; set forth in the sentencing guidelines is adequate to address the loss attributable to people who broadly distribute copyrighted works without authorization over the Internet; and (4) determine whether the sentencing guidelines and policy statements adequately reflect any harm to victims from copyright infringement if law enforcement authorities cannot determine how many times copyright material has been reproduced or distributed.
 
(Sec. 7) Authorizes appropriations to the Department of Justice for FY 2005 through 2009 to prosecute violations of intellectual property rights.

action_date: 2004-06-25
text: 

(This measure has not been amended since it was reported to the Senate on April 29, 2004. The summary of that version is repeated here.)

 
Artists' Rights and Theft Prevention Act of 2004 (ART Act) - (Sec. 3) Amends the Federal criminal code to prohibit use of an audiovisual recording device to transmit or copy a protected audiovisual work from a performance in a motion picture exhibition facility without the authorization of the copyright owner. Authorizes a court, upon a conviction, to order the forfeiture and destruction of unauthorized copies and of equipment used in such an offense. Permits a facility owner, motion picture licensor, or employee thereof to detain any person suspected of violating such prohibition for purposes of questioning or summoning a law enforcement officer. Grants such parties immunity from liability for such detention. Requires that victims be permitted to submit for inclusion in the presentence report a victim impact statement identifying the injuries and losses suffered.
 
(Sec. 4) Establishes criminal penalties for willful copyright infringement by the distribution of a computer program, musical work, motion picture or other audiovisual work, or sound recording being prepared for commercial distribution by making it available on a computer network accessible to members of the public, if the person knew or should have known that the work was intended for commercial distribution.
 
(Sec. 5) Directs the Register of Copyrights to issue regulations to establish procedures for preregistration of a work that is being prepared for commercial distribution and has not been published. Requires such regulations to permit preregistration for any work that is in a class of works that the Register determines has had a history of infringement prior to authorized commercial distribution. Requires the applicant to submit, within three months after the work's first publication, an application for registration, a deposit, and the applicable fee. Directs that an application for infringement be dismissed, and prohibits any award of statutory damages or attorney fees, for a preregistered work if those items are not submitted to the Copyright Office in proper form within the earlier of: (1) three months after the work's first publication; or (2) one month after the copyright owner has learned of the infringement.
 
(Sec. 6) Directs the U.S. Sentencing Commission to review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights offenses, including trafficking in counterfeit labels for phonorecords and copies of motion pictures and unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances. Directs the Commission to: (1) take measures to ensure that the guidelines and policy statements are sufficiently stringent to deter, and adequately reflect the nature of, intellectual property crimes; (2) determine whether to provide a sentencing enhancement for those convicted of the listed offenses if the conduct involves the display, performance, publication, reproduction, or distribution of a copyrighted work before it has been authorized; (3) determine whether the scope of &quot;uploading&quot; set forth in the sentencing guidelines is adequate to address the loss attributable to people who broadly distribute copyrighted works without authorization over the Internet; and (4) determine whether the sentencing guidelines and policy statements adequately reflect any harm to victims from copyright infringement if law enforcement authorities cannot determine how many times copyright material has been reproduced or distributed.
 
(Sec. 7) Authorizes appropriations to the Department of Justice for FY 2005 through 2009 to prosecute violations of intellectual property rights.


Legislative actions:
action_date: 2004-08-04
text: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
action_date: 2004-06-25
text: Referred to the House Committee on the Judiciary.
action_date: 2004-06-25
text: Message on Senate action sent to the House.
action_date: 2004-06-25
text: Received in the House.
action_date: 2004-06-25
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S7524-7527; text as passed Senate: CR S7524-7526)
action_date: 2004-06-25
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S7524-7527; text as passed Senate: CR S7524-7526)
action_date: 2004-05-04
text: Star Print ordered on the reported bill.
action_date: 2004-04-29
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 482.
action_date: 2004-04-29
text: Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
action_date: 2004-04-29
text: Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
action_date: 2004-04-29
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2003-11-22
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2003-11-22
text: Introduced in Senate