Page:United States Statutes at Large Volume 119.djvu/238

 119 STAT. 220

PUBLIC LAW 109–9—APR. 27, 2005

(b) CLERICAL AMENDMENT.—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: ‘‘2319B. Unauthorized recording of motion pictures in a motion picture exhibition facility.’’. (c) DEFINITION.—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) PROHIBITED ACTS.—Section 506(a) of title 17, United States Code, is amended to read as follows: ‘‘(a) CRIMINAL INFRINGEMENT.— ‘‘(1) IN GENERAL.—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) EVIDENCE.—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) DEFINITION.—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) CRIMINAL PENALTIES.—Section 2319 of title 18, United States Code, is amended—

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