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(a) TITLE 17 AMENDMENTS.—Section 506(a) of title 17, United States Code, is amended to read as follows:

  • ‘‘(a) CRIMINAL INFRINGEMENT.—
    • ‘‘(1) IN GENERAL.—Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed—
      • ‘‘(A) for purposes of commercial advantage or private financial gain;
      • ‘‘(B) 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, or by the public performance by means of digital transmission, during any 180-day period, of 1 or more copyrighted works, when the total retail value of the copies or phonorecords, or of the public performances, is more than $1,000; or
      • ‘‘(C) by the distribution or public performance of a work being prepared for commercial dissemination, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial dissemination.
    • ‘‘(2) EVIDENCE.—For purposes of this subsection, evidence of reproduction, distribution, or public performance of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.
    • ‘‘(3) DEFINITION.—In this subsection, the term ‘work being prepared for commercial dissemination’ means—
      • ‘‘(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution or public performance—
        • ‘‘(i)(I) the copyright owner has a reasonable expectation of commercial distribution; and ‘‘(II) the copies or phonorecords of the work have not been commercially distributed in the United States by or with the authorization of the copyright owner; or
        • ‘‘(ii)(I) the copyright owner does not intend to offer copies of the work for commercial distribution but has a reasonable expectation of other forms of commercial dissemination of the work; and ‘‘(II) the work has not been commercially disseminated to the public in the United States by or with the authorization of the copyright owner;
      • ‘‘(B) a motion picture, if, at the time of unauthorized distribution or public performance, the motion picture— ‘
        • ‘(i)(I) has been made available for viewing in a motion picture exhibition facility; and ‘‘(II) has not been made available in copies for sale to the general public in the United States by or with the authorization of the copyright owner in a format intended to permit viewing outside a motion picture exhibition facility; or
        • ‘‘(ii) had not been commercially disseminated to the public in the United States by or with the authorization of the copyright owner more than 24 hours before the unauthorized distribution or public performance.’’.

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