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                              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.*