BILL TRACKING REPORT 102nd Congress 1st Session U. S. Senate S 893 1991 S. 893 AMENDMENT, TITLE 18, UNITED STATES CODE DATE-INTRO: April 23, 1991 LAST-ACTION-DATE: October 5, 1992 FINAL STATUS: Pending SPONSOR: Senator Orrin G. Hatch R-UT TOTAL-COSPONSORS: 2 Cosponsors: 1 Democrats / 1 Republicans SYNOPSIS: A bill to amend title 18, United States Code, to impose criminal sanctions for violation of software copyright. ACTIONS: Committee Referrals: 04/23/91 Senate Judiciary Committee 06/09/92 House Judiciary Committee Legislative Chronology: 1st Session Activity: 04/23/91 137 Cong Rec S 4837 Referred to the Senate Judiciary Committee 04/23/91 137 Cong Rec S 4862 Remarks by Sen. Hatch 07/25/91 137 Cong Rec D 972 Senate Subcommittee on Patents, Copyrights and Trademarks approved for full Committee consideration 08/01/91 137 Cong Rec D 1036 Senate Judiciary Committee ordered favorably reported 09/23/91 137 Cong Rec S 13465 Cosponsors added 2nd Session Activity: 04/07/92 138 Cong Rec S 4931 Reported in the Senate (S. Rept. No. 102-268) 06/04/92 138 Cong Rec S 7580 Passed in the Senate, after agreeing to an amendment proposed thereto, by voice vote 06/04/92 138 Cong Rec S 7580 Senate adopted Specter (for Hatch) Amendment No. 1868, to make a technical correction, by voice vote 06/04/92 138 Cong Rec S 7613 Hatch Amendment No. 1868, submitted 06/09/92 138 Cong Rec H 4338 Senate requested the concurrence of the House 06/09/92 138 Cong Rec H 4445 Referred to the House Judiciary Committee 08/12/92 138 Cong Rec D 1066 House Subcommittee on Intellectual Property and Judicial Administration held a hearing 09/10/92 138 Cong Rec D 1094 House Subcommittee on Intellectual Property and Judicial Administration approved for full Committee action amended 09/30/92 138 Cong Rec D 1246 House Judiciary Committee ordered reported, amended 10/03/92 138 Cong Rec H 11129 House voted to suspend the rules and pass, amended, by voice vote 10/03/92 138 Cong Rec H 11129 House agreed to amend the title, by voice vote 10/03/92 138 Cong Rec H 11196 Reported in the House, amended (H. Rept. 102-997) 10/05/92 138 Cong Rec S 16975 House requested the concurrence of the Senate BILL-DIGEST: (from the CONGRESSIONAL RESEARCH SERVICE) 0604/92 (Measure passed Senate, amended ) Amends the Federal criminal code to impose criminal sanctions for copyright violations involving the reproduction or distribution, during any 180-day period, of specified numbers of copies infringing the copyright in one or more computer programs. CRS Index Terms: Crime and criminals; Computer software; Copyright infringement; Fines (Penalties) CO-SPONSORS: Original Cosponsors: DeConcini D-AZ Added 09/23/91: Gorton R-WA FULL TEXT OF BILLS 102ND CONGRESS; 2ND SESSION IN THE HOUSE OF REPRESENTATIVES AS REPORTED IN THE HOUSE S. 893 1991 S. 893; SYNOPSIS: AN ACT To amend title 18, United States Code, to impose criminal sanctions for violation of software copyright. DATE OF INTRODUCTION: FEBRUARY 28, 1991 DATE OF VERSION: OCTOBER 5, 1992 -- VERSION: 5 SPONSOR(S): Sponsor not included in this printed version. TEXT: 102D CONGRESS 2D SESSION S. 893 Report No. 102-997 To amend title 18, United States Code, to impose criminal sanctions for violation of software copyright. ------------------------------------- IN THE HOUSE OF REPRESENTATIVES JUNE 9, 1992 Referred to the Committee on the Judiciary OCTOBER 3, 1992 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic ------------------------------------- AN ACT To amend title 18, United States Code, to impose criminal sanctions for violation of software copyright. * Be it enacted by the Senate and House of Representatives of the United* *States of America in Congress assembled, * ** That (a) section 2319(b)(1) of title 18, United States Code, is amended- (1) in paragraph (B) by striking "or" after the semicolon; (2) redesignating paragraph (C) as paragraph (D); (3) by adding after paragraph (B) the following: "(C) involves the reproduction or distribution, during any 180-day period, of at least 50 copies infringing the copyright in one or more computer programs (including any tape, disk, or other medium embodying such programs); or"; (4) in new paragraph (D) by striking "or" after "recording,"; and (5) in new paragraph (D) by adding ", or a computer program", before the semicolon. (b) Section 2319(b)(2) of title 18, United States Code, is amended- (1) in paragraph (A) by striking "or" after the semicolon; (2) in paragraph (B) by striking "and" at the end thereof and inserting "or"; and (3) by adding after paragraph (B) the following: "(C) involves the reproduction or distribution, during any 180-day period, of more than 10 but less than 50 copies infringing the copyright in one or more computer programs (including any tape, disk, or other medium embodying such programs); and". (c) Section 2319(c) of title 18, United States Code, is amended- (1) in paragraph (1) by striking "and" after the semicolon; (2) in paragraph (2) by striking the period at the end thereof and inserting "; and"; and (3) by adding at the end thereof the following: "(3) the term 'computer program' has the same meaning as set forth in section 101 of title 17, United States Code.". *SECTION 1. CRIMINAL PENALTIES FOR COPYRIGHT INFRINGEMENT. * * Section 2319(b) of title 18, United States Code, is amended to read as* *follows: * * "(b) Any person who commits an offense under subsection (a) of this * *section- * * "(1) shall be imprisoned not more than 5 years, or fined in the * * amount set forth in this title, or both, if the offense consists of * * the reproduction or distribution, during any 180-day period, of at * * least 10 copies or phonorecords, of 1 or more copyrighted works, * * with a retail value of more than $2,500; * * "(2) shall be imprisoned not more than 10 years, or fined in the * * amount set forth in this title, or both, if the offense is a second * * or subsequent offense under paragraph (1); and * * "(3) shall be imprisoned not more than 1 year, or fined in the * * amount set forth in this title, or both, in any other case.". * *SEC. 2. CONFORMING AMENDMENTS. * * Section 2319(c) of title 18, United States Code, is amended- * * (1) in paragraph (1) by striking " 'sound recording', 'motion * * picture', 'audiovisual work', 'phonorecord'," and inserting " * * 'phonorecord' "; and * * (2) in paragraph (2) by striking "118" and inserting "120". * Amend the title so as to read: "An Act to amend title 18, United States Code, with respect to the criminal penalties for copyright infringement.". Passed the Senate June 4 (legislative day, March 26), 1992. Attest: WALTER J. STEWART, * Secretary.*