Ill STAT. 2678 PUBLIC LAW 105-147—DEC. 16, 1997 Public Law 105-147 105th Congress An Act To amend the provisions of titles 17 and 18, United States Code, to provide greater — '• copyright protection by amending criminal copyright infringement provisions, and [H.R. 2265] for other purposes. Be it enacted by the Senate and House of Representatives of No Electronic the United States of America in Congress assembled, Theft (NET) Act. 18 USC 2311 SECTION 1. SHORT TITLE. °^- This Act may be cited as the "No Electronic Theft (NET) Act". SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS. (a) DEFINITION OF FINANCIAL GAIN.— Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the term "display", the following new paragraph: "The term 'financial gain' includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.". (b) CRIMINAL OFFENSES.—Section 506(a) of title 17, United States Code, is amended to read as follows: "(a) CRIMINAL INFRINGEMENT. — Any person who infringes a copyright willfully either— "(1) for purposes of commercial advantage or private financial gain, or "(2) By the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement. ". (c) LIMITATION ON CRIMINAL PROCEEDINGS. —Section 507(a) of title 17, United States Code, is amended by striking "three" and inserting "5". (d) CRIMINAL INFRINGEMENT OF A COPYRIGHT. —Section 2319 of title 18, United States Code, is amended— (1) in subsection (a), by striking "subsection (b)" and inserting "subsections (b) and (c)"; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking "subsection (a) of this section' and inserting "section 506(a)(1) of title 17"; and (B) in paragraph (1)— (i) by inserting "including by electronic means," after "if the offense consists of the reproduction or distribution,"; and
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