Intellectual Property Enhanced Criminal Enforcement Act of 2007
If, like 99.9 percent of the world, you eagerly fast-forward through the previews and warnings on your DVDs to get to the main feature, you may never have given much attention to the following criminal copyright infringement warning under the FBI’s anti-piracy logo:
"Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000."
Despite those warnings, and similar warnings on other copyrighted works, it comes as no surprise that piracy of media and other commercial goods continues to cause significant losses to artists, corporations, and other parts of the U.S. economy each year, with consumers paying the price through higher retail sales prices.
The Intellectual Property Enhanced Criminal Enforcement Act of 2007, H.R. 3155-IH, introduced to the House of Representatives on July 24, 2007, by Rep. Steve Chabot (R-OH), may cause many to rethink the criminal copyright infringement laws, because now, like many other criminal statutes, an attempt to commit copyright infringement will land you in just as much hot water as the actual completed crime itself:“17 U.S.C. 506 (a) Criminal Infringement. * * *
(3) ATTEMPT AND CONSPIRACY.—
(A) ATTEMPT.—Any person who attempts to commit an offense under paragraph (3)(1) shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt.
(B) CONSPIRACY.—If two or more persons conspire to commit an offense under paragraph (1) and one or more of such persons do any act to effectuate the object of the conspiracy, each shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the conspiracy.’’
The new law, if enacted in its present form, would further amend current U.S. copyright laws to give the government more power to investigate and prosecute criminal infringement cases regardless of whether the copyrighted work has been registered with the Copyright Office. The law would also stiffen certain penalties, including doubling prison terms in some situations and adding life terms for those who knowingly or recklessly cause or attempt to cause death in connection with specified conduct. The bill follows the White House's criminal copyright legislative proposal, dated May 14, 2007, which was sent by DOJ to Rep. Pelosi and is signed by Richard Hertling, Principal Deputy Assistant Attorney General.
Comments:
- Thomas/Library of Congress version of H.R. 3155-IH introduced in the House of Representatives on July 24, 2007
- DOJ’s Federal Criminal Intellectual Property Statutes
