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(b) TITLE 18 AMENDMENTS.—Section 2319 of title 18, United States Code, is amended—

  • (1) in subsection (b)(1), by striking ‘‘during any 180-day period’’ and all that follows and insert ‘‘of at least 10 copies or phonorecords, or of at least 10 public performances by means of digital transmission, of 1 or more copyrighted works, during any 180-day period, which have a total retail value of more than $2,500;’’;
  • (2) in subsection (c)—
    • (A) in paragraph (1), by striking ‘‘of 10 or more copies or phonorecords’’ and all that follows and inserting ‘‘including by electronic means, of at least 10 copies or phonorecords, or of at least 10 public performances by means of digital transmission, of 1 or more copyrighted works, during any 180-day period, which have a total retail value of more than $2,500;’’; and
    • (B) in paragraph (3), by striking ‘‘if the offense’’ and all that follows and inserting ‘‘in any other case;’’;
  • (3) in subsection (d)(4), by striking ‘‘under paragraph (2)’’ and inserting ‘‘committed for purposes of commercial advantage or private financial gain under subsection (a)’’;
  • (4) in subsection (f)—
    • (A) by amending paragraph (2) to read as follows: ‘‘(2) the terms ‘reproduction’, ‘distribution’, and ‘public performance’ refer to the exclusive rights of a copyright owner under paragraphs (1), (3), (4), and (6), respectively, of section 106 (relating to exclusive rights in copyrighted works), as limited by sections 107 through 122, of title 17; and’’;
    • (B) in paragraph (3), by striking ‘‘; and’’ and inserting a period; and
    • (C) by striking paragraph (4); and (5) by adding at the end the following new subsection:
      • ‘‘(g) EVIDENCE OF TOTAL RETAIL VALUE.—For purposes of this section and section 506(a) of title 17, total retail value may be shown by evidence of—
        • ‘‘(1) the total retail price that persons receiving the reproductions, distributions, or public performances constituting the offense would have paid to receive such reproductions, distributions, or public performances lawfully;
        • ‘‘(2) the total economic value of the reproductions, distributions, or public performances to the infringer or to the copyright owner, as shown by evidence of fee, advertising, or other revenue that was received by the person who commits the offense, or that the copyright owner would have been entitled to receive had such reproductions, distributions, or public performances been offered lawfully; or
        • ‘‘(3) the total fair market value of licenses to offer the type of reproductions, distributions, or public performances constituting the offense.’’.

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