Bill Would Strengthen Criminal Copyright Infringement Law
The Senate Judiciary committee will hold a hearing this Thursday, May 26, 2011, to consider S.978 (a bill "To amend the criminal penalty provision for criminal infringement of a copyright, and for other purposes"). The bill, introduced May 12, 2011, by Judiciary Committee member Sen. Amy Klobuchar (D-MN), and co-sponsored by Sen. Chris Coons and Sen. John Cornyn, would amend the criminal copyright law, 18 USC 2319, by adding:
"Any person who commits an offense under section 506(a)(1)(A) of title 17...(2) shall be imprisoned not more than 5 years, fined in the amount set forth in this title, or both, if--(A) the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and (B)(i) the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, would exceed $2,500; or(ii) the total fair market value of licenses to offer performances of those works would exceed $5,000."
17 USC 506(a)(1)(A) is directed to willful copyright infringement "for purposes of commercial advantage or private financial gain."
A "public performance by electronic means" under the provision would include unlawful streaming of copyrighted movies over the internet, currently a misdemeanor, and pirated telecasts of major professional sporting events, including those copyrighted performances owned by organization like the NFL, NBA, NHL, WWE, and UFC.
Sources: THOMAS, Intellectual Property Owners Association, Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC)
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