S.2560 - Inducing Infringement of Copyrights Act of 2004 108th Congress (2003-2004)

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2560 Introduced in Senate (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.


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                   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

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                                 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.''.
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