|
|
||||
| Public Act 095-0485 |
||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Criminal Code of 1961 is amended by changing | ||||
Sections 16-7 and 16-8 as follows:
| ||||
(720 ILCS 5/16-7) (from Ch. 38, par. 16-7)
| ||||
Sec. 16-7. Unlawful use of recorded sounds or images.
| ||||
(a) A person commits unlawful use of recorded sounds or | ||||
images when he:
| ||||
(1) Intentionally, knowingly or recklessly transfers
| ||||
or causes to be transferred without the consent of the | ||||
owner, any
sounds or images recorded on any sound or audio | ||||
visual recording
with the purpose of selling or causing to | ||||
be sold, or using or causing to
be used for profit the | ||||
article to which such sounds or recordings of sound
are | ||||
transferred.
| ||||
(2) Intentionally, knowingly or recklessly sells,
| ||||
offers for sale, advertises for sale, uses or causes to be | ||||
used
for profit any such article described in subsection | ||||
16-7(a)(1)
without consent of the owner.
| ||||
(3) Intentionally, knowingly or recklessly offers or
| ||||
makes available for a fee, rental or any other form of | ||||
compensation,
directly or indirectly, any equipment or | ||||
machinery for the
purpose of use by another to reproduce or | ||
transfer, without the
consent of the owner, any sounds or | ||
images recorded on any sound or
audio visual recording to | ||
another sound or audio visual recording or for
the purpose | ||
of use by another to manufacture any sound or audio visual
| ||
recording in violation of Section 16-8.
| ||
(4) Intentionally, knowingly or recklessly transfers | ||
or causes to be
transferred without the consent of the | ||
owner, any live performance with the
purpose of selling or | ||
causing to be sold, or using or causing to be used
for | ||
profit the sound or audio visual recording to which the | ||
performance
is transferred.
| ||
(b) As used in this Section and Section 16-8:
| ||
(1) "Person" means any individual, partnership,
| ||
corporation, association or other entity.
| ||
(2) "Owner" means the person who owns the master sound | ||
recording on
which sound is recorded and from which the | ||
transferred recorded sounds are
directly or indirectly | ||
derived, or the person who owns the rights to record
or | ||
authorize the recording of a live performance.
| ||
(3) "Sound or audio visual recording" means any sound | ||
or audio
visual phonograph record, disc, pre-recorded | ||
tape, film, wire, magnetic
tape or other object, device or | ||
medium, now known or hereafter invented, by
which sounds or | ||
images may be reproduced with or without the use of any
| ||
additional machine, equipment or device.
| ||
(4) "Master sound recording" means the original
| ||
physical object on which a given set of sounds were first | ||
recorded
and which the original object from which all | ||
subsequent sound
recordings embodying the same set of | ||
sounds are directly or
indirectly derived.
| ||
(5) "Unidentified sound or audio visual recording" | ||
means a sound
or audio visual recording without the actual | ||
name and full and correct
street address of the | ||
manufacturer, and the name of the actual performers
or | ||
groups prominently and legibly printed on the outside cover | ||
or jacket
and on the label of such sound or audio visual | ||
recording.
| ||
(6) "Manufacturer" means the person who actually makes | ||
or causes
to be made a sound or audio visual recording. The | ||
term manufacturer does not include a person who | ||
manufactures the medium upon which sounds or visual images | ||
can be recorded or stored, or who manufactures the | ||
cartridge or casing itself.
| ||
(c) Unlawful use of recorded sounds or images is a Class
4 | ||
felony; however:
| ||
(1) If the offense involves more than 100 but not | ||
exceeding 1000
unidentified sound recordings or more than 7 | ||
but not exceeding 65
unidentified audio visual recordings | ||
during any 180 day period the
authorized fine is up to | ||
$100,000; and
| ||
(2) If the offense involves more than 1,000 | ||
unidentified sound
recordings or more than 65 unidentified | ||
audio visual recordings during any
180 day period the | ||
authorized fine is up to $250,000.
| ||
(d) This Section shall neither enlarge nor diminish the | ||
rights
of parties in private litigation.
| ||
(e) This Section does not apply to any person engaged in | ||
the business
of radio or television broadcasting who transfers, | ||
or causes to be
transferred, any sounds (other than from the | ||
sound track of a
motion picture) solely for the purpose of | ||
broadcast transmission.
| ||
(f) If any provision or item of this Section or the | ||
application
thereof is held invalid, such invalidity shall not | ||
affect other
provisions, items or applications of this Section | ||
which can be
given effect without the invalid provisions, items | ||
or applications
and to this end the provisions of this Section | ||
are hereby
declared severable.
| ||
(g) Each and every individual manufacture, distribution or | ||
sale
or transfer for a consideration of such recorded devices | ||
in
contravention of this Section constitutes
a separate | ||
violation of this Section.
| ||
(h) Any sound or audio visual recordings containing | ||
transferred
sounds or a performance whose transfer was not | ||
authorized by the owner of
the master sound recording or | ||
performance, in violation of this Section, or
in the attempt to | ||
commit such violation as defined in Section 8-2, or in a
| ||
solicitation to commit such offense as defined in Section 8-1, | ||
may be
confiscated and destroyed upon conclusion of the case or | ||
cases to which
they are relevant, except that the Court may | ||
enter an order preserving them
as evidence for use in other | ||
cases or pending the final determination of
an appeal.
| ||
(i) It is an affirmative defense to any charge of unlawful | ||
use of
recorded sounds or images that the recorded sounds or | ||
images so used are
public domain material. For purposes of this | ||
Section, recorded sounds are
deemed to be in the public domain | ||
if the recorded sounds were copyrighted
pursuant to the | ||
copyright laws of the United States, as the same may be
amended | ||
from time to time, and the term of the copyright and any | ||
extensions
or renewals thereof has expired.
| ||
(Source: P.A. 86-1210.)
| ||
(720 ILCS 5/16-8) (from Ch. 38, par. 16-8)
| ||
Sec. 16-8. Unlawful use of unidentified sound or audio | ||
visual recordings.
| ||
(a) A person commits unlawful use of unidentified sound or | ||
audio visual
recordings when he intentionally, knowingly, | ||
recklessly or negligently for
profit manufactures, advertises | ||
or offers for sale, sells, distributes, transports, vends, | ||
circulates, performs,
leases, or possesses for such purposes,
| ||
or otherwise deals in and with unidentified sound or audio | ||
visual
recordings or causes the manufacture, advertisement or | ||
offer for sale, sale, distribution, transportation, vending,
| ||
circulation, performance, lease, or possession for such | ||
purposes,
or other dealing in and with unidentified
sound or | ||
audio visual recordings.
| ||
(b) Unlawful use of unidentified sound or audio visual | ||
recordings is a
Class 4 felony; however:
| ||
(1) If the offense involves more than 100 but not | ||
exceeding 1000
unidentified sound recordings or more than 7 | ||
but not exceeding 65
unidentified audio visual recordings | ||
during any 180 day period the
authorized fine is up to | ||
$100,000; and
| ||
(2) If the offense involves more than 1,000 | ||
unidentified sound
recordings or more than 65 unidentified | ||
audio visual recordings during any
180 day period the | ||
authorized fine is up to $250,000.
| ||
(c) Each and every individual manufacture, advertisement | ||
or offer for sale, sale, distribution, transportation,
| ||
vending,
circulation, performance, lease, or possession for | ||
such purposes,
or other dealing in and with an
unidentified | ||
sound or audio visual recording constitutes a separate
| ||
violation of this Section.
| ||
(c-5) Upon conviction of any violation of this Section, the | ||
offender shall be sentenced to make restitution to any owner or | ||
lawful producer of a master sound or audio visual recording, or | ||
to the trade association representing such owner or lawful | ||
producer, that has suffered injury resulting from the crime. | ||
The order of restitution shall be based on the aggregate | ||
wholesale value of lawfully manufactured and authorized sound | ||
or audio visual recordings corresponding to the non-conforming | ||
recorded devices involved in the offense, and shall include | ||
investigative costs relating to the offense.
| ||
(d) If any provision or item of this Section or the | ||
application thereof
is held invalid, such invalidity shall not | ||
affect other provisions, items
or applications of this Section | ||
which can be given effect without the
invalid provisions, items | ||
or applications and to this end the provisions of
this Section | ||
are hereby declared severable.
| ||
(e) Any unidentified sound or audio visual recording used | ||
in violation
of this Section, or in the attempt to commit such | ||
violation as defined in
Section 8-4, or in a conspiracy to | ||
commit such violation as defined in
Section 8-2, or in a | ||
solicitation to commit such offense as defined in
Section 8-1, | ||
may be confiscated and destroyed upon conclusion of the case
or | ||
cases to which they are relevant, except that the Court may | ||
enter an
order preserving them as evidence for use in other | ||
cases or pending the
final determination of an appeal.
| ||
(Source: P.A. 86-1210.)
| ||