Anticounterfeiting Act of 2004

Bill: 108-s-2227
Sponsor: Sen. Biden, Joseph R., Jr. [D-DE]
Introduced: 2004-03-23 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Arts, Culture, Religion
Civil actions and liability
Commerce
Computer software
Copyright
Counterfeiting
Damages
Fines (Penalties)
Government Operations and Politics
Identification devices
Intellectual property
Labeling
Law
Legal fees
Motion pictures
Packaging
Science, Technology, Communications
Signs and symbols
Sound recording and reproducing

Summary:
action_date: 2004-03-23
text: Anticounterfeiting Act of 2004 - Amends the Federal criminal code to prohibit trafficking in an "illicit authentication feature." Defines that term to mean an authentication feature that: (1) without the authorization of the respective copyright owner, has been tampered with or altered so as to facilitate the reproduction or distribution of a phono-record, a copy of a computer program, a copy of a motion picture or other audiovisual work, or documentation or packaging, in violation of the rights of the copyright owner; (2) is genuine, but has been distributed, or is intended for distribution, without the authorization of the respective copyright owner; or (3) appears to be genuine but is not. 
Authorizes a copyright owner who is injured by a violation of this Act or is threatened with injury to bring a civil action in an appropriate U.S. district court. Sets forth remedies for violations.
action_date: 2004-12-08
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Anticounterfeiting Act of 2004 - Amends the Federal criminal code to prohibit trafficking in an "illicit authentication feature." Defines that term to mean an authentication feature that: (1) has been tampered with or altered without authorization so as to facilitate the reproduction or distribution of a phono-record, a copy of a computer program, motion picture or other audiovisual work, or documentation or packaging, in violation of the rights of the copyright owner; (2) is genuine, but has been distributed or is intended for distribution without authorization; or (3) appears to be genuine but is not. 
 
Authorizes a copyright owner who is injured by a violation of this Act or is threatened with injury to bring a civil action in an appropriate U.S. district court. Allows the court to: (1) grant temporary or permanent injunctions to prevent or restrain violations; (2) order the impounding of an article in the custody or control of the alleged violator that the court has reasonable cause to believe was involved in a violation; and (3) award to the injured party reasonable attorney fees and costs, actual damages and any additional profits of the violator, or statutory damages. 
Authorizes: (1) the injured party to elect to recover, instead of actual damages and profits, an award of statutory damages of between $2,500 and $25,000 for each violation; and (2) the court to increase a damage award by three times the amount that would otherwise be awarded upon finding that a person has violated this Act within three years after a final judgment was entered for a previous violation. 
Sets a three-year statute of limitations from discovery of the violation.

Legislative actions:
action_date: 2004-12-08
text: Passed Senate without amendment by Unanimous Consent. (text: CR S12028-12029)
action_date: 2004-12-08
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR S12028-12029)
action_date: 2004-12-08
text: Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S12028-12029)
action_date: 2004-12-08
text: Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S12028-12029)
action_date: 2004-03-23
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3002-3003)
action_date: 2004-03-23
text: Sponsor introductory remarks on measure. (CR S3001-3002)
action_date: 2004-03-23
text: Introduced in Senate