Page:Public Law 109-9.djvu/6

119 STAT. 222 PUBLIC LAW 109-9 APR. 27, 2005 :::"(A) an application for registration of the work;


 * "(B) a deposit; and


 * "(C) the applicable fee.


 * "(4) .—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.".


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


 * (c) .—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,".

SEC. 105. FEDERAL SENTENCING GUIDELINES.

 * (a) .—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.


 * (b) .—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.


 * (c) .—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;