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119 STAT. 220 PUBLIC LAW 109-9 APR. 27, 2005
- (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 exhibition 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 picture 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 exhibition 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 DISTRIBUTION.
- (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 making it available on a computer network accessible 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 subsection, 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 unauthorized distribution—
- "(i) the copyright owner has a reasonable expectation of commercial distribution; and
- "(ii) the copies or phonorecords of the work have not been commercially distributed; or
- "(B) a motion picture, if, at the time of unauthorized distribution, the motion picture—
- "(i) has been made available for viewing 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 permit viewing outside a motion picture exhibition facility.".
- (b) Criminal Penalties.—Section 2319 of title 18, United States Code, is amended—