Page:Public Law 109-9.djvu/5

PUBLIC LAW 109-9--APR. 27, 2005 119 STAT. 221 ::(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.".

SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING PREPARED FOR COMMERCIAL DISTRIBUTION.

 * (a) .—Section 408 of title 17, United States Code, is amended by adding at the end the following:


 * "(f) .—


 * "(1) .—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) .—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) .—Not later than 3 months after the first publication of a work preregistered under this subsection, the applicant shall submit to the Copyright Office—