Page:United States Statutes at Large Volume 111 Part 3.djvu/592

 Ill STAT. 2680 PUBLIC LAW 105-147—DEC. 16, 1997 "(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, 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) Persons permitted to submit victim impact statements shall include— "(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; "(B) holders of intellectual property rights in such goods or services; and "(C) the legal representatives of such producers, sellers, and holders.". (g) DIRECTIVE TO SENTENCING COMMISSION. — (1) Under the authority of the Sentencing Reform Act of 1984 (Public Law 98- 473; 98 Stat. 1987) and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the sentencing guidelines and policy statements), the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A, and 2320 of title 18, United States Code) is sufficiently stringent to deter such a crime and to adequately reflect the additional considerations set forth in paragraph (2) of this subsection. (2) In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value and quantity of the items with respect to which the crime against intellectual property was committed. SEC. 3. INFRINGEMENT BY UNITED STATES. Section 1498(b) of title 28, United States Code, is amended by striking "remedy of the owner of such copyright shall be by action" and inserting "action which may be brought for such infringement shall be an action by the copyright owner". Approved December 16, 1997. LEGISLATIVE HISTORY—H.R. 2265: HOUSE REPORTS: No. 105-339 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 143 (1997): Nov. 4, considered and passed House. Nov. 13, considered and passed Senate.

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