Page:Public Law 109-9.djvu/4

119 STAT. 220 PUBLIC LAW 109-9 APR. 27, 2005 :(b) .—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:




 * (c) .—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) .—Section 506(a) of title 17, United States Code, is amended to read as follows:


 * "(a) .—


 * "(1) .—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) .—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) .—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) .—Section 2319 of title 18, United States Code, is amended—