Artists' Rights and Theft Prevention Act of 2005

From Wikisource

Jump to: navigation, search
←Section 1. Short Title Artists' Rights and Theft Prevention Act of 2005
the United States Government		 Title II. Exemption from Infringement for Skipping Audio and Video Content in Motion Pictures→
Wikipedia logo Wikipedia has more on:
Artists' Rights and Theft Prevention Act of 2005.
This Act forms Title I of the Family Entertainment and Copyright Act of 2005 (Pub. L. 109-9, 119 Stat. 218), with effect from April 27, 2005. Also known as the "ART Act".
From the U.S. Copyright Office.
Title I—Artists' Rights and Theft Prevention

Contents

[edit] Sec. 101. Short Title

This title may be cited as the "Artists' Rights and Theft Prevention Act of 2005" or the "ART Act".

[edit] Sec. 102. Criminal Penalties for Unauthorized Recording of Motion Pictures in a Motion Picture Exhibition Facility

[edit] (a) In General

Chapter 113 of title 18, United States Code, is amended by adding after section 2319A the following new section:

"§ 2319B. Unauthorized recording of Motion pictures in a Motion picture exhibition facility
"(a) OFFENSE.—Any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title 17, or any part thereof, from a performance of such work in a motion picture exhibition facility, shall—
"(1) be imprisoned for not more than 3 years, fined under this title, or both; or
"(2) if the offense is a second or subsequent offense, be imprisoned for no more than 6 years, fined under this title, or both.
"The possession by a person of an audiovisual recording device in a motion picture exhibition facility may be considered as evidence in any proceeding to determine whether that person committed an offense under this subsection, but shall not, by itself, be sufficient to support a conviction of that person for such offense.
"(b) FORFEITURE AND DESTRUCTION.—When a person is convicted of a violation of subsection (a), the court in its judgment of conviction shall, in addition to any penalty provided, order the forfeiture and destruction or other disposition of all unauthorized copies of motion pictures or other audiovisual works protected under title 17, or parts thereof, and any audiovisual recording devices or other equipment used in connection with the offense.
"(c) AUTHORIZED ACTIVITIES.—This section does not prevent any lawfully authorized investigative, protective, or intelligence activity by an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or by a person acting under a contract with the United States, a State, or a political subdivision of a State.
"(d) IMMUNITY FOR THEATERS.—With reasonable cause, the owner or lessee of a motion picture exhibition facility where a motion picture or other audiovisual work is being exhibited, the authorized agent or employee of such owner or lessee, the licensor of the motion picture or other audiovisual work being exhibited, or the agent or employee of such licensor—
"(1) may detain, in a reasonable manner and for a reasonable time, any person suspected of a violation of this section with respect to that motion picture or audiovisual work for the purpose of questioning or summoning a law enforcement officer; and
"(2) shall not be held liable in any civil or criminal action arising out of a detention under paragraph (1).
"(e) VICTIM IMPACT STATEMENT.—
"(1) In General.—During the preparation of the presentence report under rule 32(c) of the Federal Rules of Criminal Procedure, victims of an offense under this section shall be permitted to submit to the probation officer a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
"(2) Contents.—A victim impact statement submitted under this subsection shall include—
"(A) producers and sellers of legitimate works affected by conduct involved in the offense;
"(B) holders of intellectual property rights in the works described in subparagraph (A); and
"(C) the legal representatives of such producers, sellers, and holders.
"(f) STATE LAW NOT PREEMPTED.—Nothing in this section may be construed to annul or limit any rights or remedies under the laws of any State.
"(g) DEFINITIONS. In this section, the following definitions shall apply:
"(1) Title 17 Definitions.—The terms 'audiovisual work', 'copy', 'copyright owner', 'motion picture', 'motion picture exhibition facility', and 'transmit' have, respectively, the meanings given those terms in section 101 of title 17.
"(2) Audiovisual Recording Device.—The term 'audiovisual recording device' means a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work, or any part thereof, regardless of whether audiovisual recording is the sole or primary purpose of the device.".

[edit] (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.".

[edit] (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.".

[edit] Sec. 103. Criminal Infringement of a Work being prepared for Commercial Distribution

[edit] (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.".

[edit] (b) Criminal Penalties

section 2319 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) by striking "Whoever" and inserting "Any person who"; and
(B) by striking "and (c) of this section" and inserting ", (c), and (d)";

(2) in subsection (b), by striking "section 506(a)(1)" and inserting "section 506(a)(1)(A)";

(3) in subsection (c), by striking "section 506(a)(2) of title 17, United States Code" and inserting "section 506(a)(1)(B) of title 17";

(4) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

(5) by adding after subsection (c) the following:

"(d) Any person who commits an offense under section 506(a)(1)(C) of title 17—
"(1) shall be imprisoned not more than 3 years, fined under this title, or both;
"(2) shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposes of commercial advantage or private financial gain;
"(3) shall be imprisoned not more than 6 years, fined under this title, or both, if the offense is a second or subsequent offense; and
"(4) shall be imprisoned not more than 10 years, fined under this title, or both, if the offense is a second or subsequent offense under paragraph (2)."; and

(6) in subsection (f), as redesignated—

(A) in paragraph (1), by striking "and" at the end;
(B) in paragraph (2), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
"(3) the term 'financial gain' has the meaning given the term in section 101 of title 17; and
"(4) the term 'work being prepared for commercial distribution' has the meaning given the term in section 506(a) of title 17.".

[edit] Sec. 104. Civil Remedies for Infringement of a Work being prepared for Commercial Distribution

[edit] (a) Preregistration

Section 408 of title 17, United States Code, is amended by adding at the end the following:

"(f) PREREGISTRATION OF WORKS BEING PREPARED FOR COMMERCIAL DISTRIBUTION.—
"(1) Rulemaking.—Not later than 180 days after the date of enactment of this subsection, the Register of Copyrights shall issue regulations to establish procedures for preregistration of a work that is being prepared for commercial distribution and has not been published.
"(2) Class of Works."—The regulations established under paragraph (1) shall 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.
"(3) Application for Registration.—Not later than 3 months after the first publication of a work preregistered under this subsection, the applicant shall submit to the Copyright Office—
"(A) an application for registration of the work;
"(B) a deposit; and
"(C) the applicable fee.
"(4) Effect of Untimely Application.—An action under this chapter for infringement of a work preregistered under this subsection, in a case in which the infringement commenced no later than 2 months after the first publication of the work, shall be dismissed if the items described in paragraph (3) are not submitted to the Copyright Office in proper form within the earlier of—
"(A) 3 months after the first publication of the work; or
"(B) 1 month after the copyright owner has learned of the infringement.".

[edit] (b) Infringement Actions

Section 411(a) of title 17, United States Code, is amended by inserting "preregistration or" after "shall be instituted until".

[edit] (c) Exclusion

Section 412 of title 17, United States Code, is amended by inserting after "section 106A(a)" the following:

", an action for infringement of the copyright of a work that has been preregistered under section 408(f) before the commencement of the infringement and that has an effective date of registration not later than the earlier of 3 months after the first publication of the work or 1 month after the copyright owner has learned of the infringement,".

[edit] Sec. 105. Federal Sentencing Guidelines

[edit] (a) Review and Amendment

Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights crimes, including any offense under—

(1) section 506, 1201, or 1202 of title 17, United States Code; or
(2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18, United States Code.

[edit] (b) Authorization

The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired.

[edit] (c) Responsabilities of United States Sentencing Commission

In carrying out this section, the United States Sentencing Commission shall—

(1) take all appropriate measures to ensure that the Federal sentencing guidelines and policy statements described in subsection (a) are sufficiently stringent to deter, and adequately reflect the nature of, intellectual property rights crimes;

(2) determine whether to provide a sentencing enhancement for those convicted of the offenses described in subsection (a), if the conduct involves the display, performance, publication, reproduction, or distribution of a copyrighted work before it has been authorized by the copyright owner, whether in the media format used by the infringing party or in any other media format;

(3) determine whether the scope of "uploading" set forth in application note 3 of section 2B5.3 of the Federal sentencing guidelines is adequate to address the loss attributable to people who, without authorization, broadly distribute copyrighted works over the Internet; and

(4) determine whether the sentencing guidelines and policy statements applicable to the offenses described in subsection (a) adequately reflect any harm to victims from copyright infringement if law enforcement authorities cannot determine how many times copyrighted material has been reproduced or distributed.

Retrieved from "http://en.wikisource.org/wiki/Artists%27_Rights_and_Theft_Prevention_Act_of_2005"
Personal tools