Page:United States Statutes at Large Volume 108 Part 6.djvu/406

 108 STAT. 4974 PUBLIC LAW 103-465—DEC. 8, 1994 Subtitle A—Copyright Provisions SEC. 611. RENTAL RIGHTS IN COMPUTER PROGRAMS. Section 804(c) of the Computer Software Rental Amendments Act of 1990 (17 U.S.C. 109 note; 104 Stat 5136) is amended by striking the first sentence. SEC. 612. CIVIL PENALTIES FOR UNAUTHORIZED FIXATION OF AND TRAFFICKING IN SOUND RECORDINGS AND MUSIC VID- EOS OF LIVE MUSICAL PERFORMANCES. (a) IN GENERAL. —Title 17, United States Code, is amended by adding at the end the following new chapter: " CHAPTER 11—SOUND RECORDINGS AND MUSIC VIDEOS "Sec. "1101. Unauthorized fixation and trafficking in sound recordings and music videos. "§1101. Unauthorized fixation and trafficking in sound recordings and music videos "(a) UNAUTHORIZED ACTS.— Anyone who, without the consent of the performer or performers involved— "(1) fixes the sounds or sounds and images of a Uve musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation, "(2) transmits or otherwise communicates to the public the sounds or sounds and images of a five musical performance, or "(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States, shall be subject to the remedies provided in sections 502 through 505, to the same extent as an infringer of copyright. "(b) DEFINITION. — As used in this section, the term 'traffic in' means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of "(c) APPLICABILITY. —This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act "(d) STATE LAW NOT PREEMPTED. — Nothing in this section may be construed to annul or limit any rights or remedies under the common law or statutes of any State.". (b) CONFORMING AMENDMENT.—The table of chapters for title 17, United States Code, is amended by adding at the end the following: "11. Sound Recordings and Music Videos 1101". SEC. 613. CRIMINAL PENALTIES FOR UNAUTHORIZED FIXATION OF AND TRAFFICKING IN SOUND RECORDINGS AND MUSIC VIDEOS OR LIVE MUSICAL PERFORMANCES. (a) IN GENERAL.— Chapter 113 of title 18, United States Code, is amended by inserting after section 2319 the following:

�