S 2560 IS
108th CONGRESS
2d Session
S. 2560
To amend chapter 5 of title 17, United States Code, relating to inducement of copyright infringement, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 22, 2004
Mr. HATCH (for himself, Mr. LEAHY, Mr. FRIST, Mr. DASCHLE, Mr.
GRAHAM of South Carolina, and Mrs. BOXER) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
A BILL
To amend chapter 5 of title 17, United States Code, relating to inducement of copyright infringement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Inducing Infringement of Copyrights Act of 2004'.
SEC. 2. INTENTIONAL INDUCEMENT OF COPYRIGHT INFRINGEMENT.
Section 501 of title 17, United States Code, is amended by adding at the end the following:
`(g)(1) In this subsection, the term `intentionally
induces' means intentionally aids, abets, induces, or procures, and
intent may be shown by acts from which a reasonable person would find
intent to induce infringement based upon all relevant information about
such acts then reasonably available to the actor, including whether the
activity relies on infringement for its commercial viability.
`(2) Whoever intentionally induces any violation identified in subsection (a) shall be liable as an infringer.
`(3) Nothing in this subsection shall enlarge or diminish
the doctrines of vicarious and contributory liability for copyright
infringement or require any court to unjustly withhold or impose any
secondary liability for copyright infringement.'.
END