HR 1761 RH, Copyright Damages
Improvement Act of 1999.
Re: increasing damages for copyright violations.
Sponsor: Rep. James Rogan (R-CA).
As Adopted by the House Judiciary Committee on May 26, 1999.
Source: Library of Congress.
Editor's Note: This bill was approved by the Judiciary Committee on May 26, and reported on July 1. (See, Report No. 106-216.)
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
A BILL
To amend provisions of title 17, United States Code.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Copyright Damages Improvement Act of 1999'.
Section 504(c) of title 17, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking `$500' and inserting `$750'; and
(B) by striking `$20,000' and inserting `$30,000'; and
(2) in paragraph (2)--
(A) by inserting `(A)' after `(2)';
(B) by striking `$100,000' and inserting `$300,000';
(C) by inserting after the second sentence the following:
`(B) In a case where the copyright owner demonstrates that the infringement was part of a repeated pattern or practice of infringement, the court may increase the award of statutory damages to a sum of not more than $250,000 per work.'; and
(D) by striking `The court shall remit statutory damages' and inserting the following:
`(C) The court shall remit statutory damages'.
`(2) In implementing paragraph (1), the Sentencing Commission shall amend the guideline applicable to criminal infringement of a copyright or trademark to provide an enhancement based upon the retail price of the legitimate items that are infringed upon and the quantity of the infringing items. To the extent the conduct involves a violation of section 2319A of title 18, United States Code, the enhancement shall be based upon the retail price of the infringing items and the quantity of the infringing items.
`(3) Paragraph (1) shall be implemented not later than 3 months after the later of--
`(A) the first day occurring after May 20, 1999, or
`(B) the first day after the date of the enactment of this paragraph, on which sufficient members of the Sentencing Commission have been confirmed to constitute a quorum.
`(4) The Commission shall promulgate the guidelines or amendments provided for under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.'.