SB0532 Enrolled LRB095 10832 RLC 31094 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 16-7 and 16-8 as follows:
 
6     (720 ILCS 5/16-7)  (from Ch. 38, par. 16-7)
7     Sec. 16-7. Unlawful use of recorded sounds or images.
8     (a) A person commits unlawful use of recorded sounds or
9 images when he:
10         (1) Intentionally, knowingly or recklessly transfers
11     or causes to be transferred without the consent of the
12     owner, any sounds or images recorded on any sound or audio
13     visual recording with the purpose of selling or causing to
14     be sold, or using or causing to be used for profit the
15     article to which such sounds or recordings of sound are
16     transferred.
17         (2) Intentionally, knowingly or recklessly sells,
18     offers for sale, advertises for sale, uses or causes to be
19     used for profit any such article described in subsection
20     16-7(a)(1) without consent of the owner.
21         (3) Intentionally, knowingly or recklessly offers or
22     makes available for a fee, rental or any other form of
23     compensation, directly or indirectly, any equipment or

 

 

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1     machinery for the purpose of use by another to reproduce or
2     transfer, without the consent of the owner, any sounds or
3     images recorded on any sound or audio visual recording to
4     another sound or audio visual recording or for the purpose
5     of use by another to manufacture any sound or audio visual
6     recording in violation of Section 16-8.
7         (4) Intentionally, knowingly or recklessly transfers
8     or causes to be transferred without the consent of the
9     owner, any live performance with the purpose of selling or
10     causing to be sold, or using or causing to be used for
11     profit the sound or audio visual recording to which the
12     performance is transferred.
13     (b) As used in this Section and Section 16-8:
14         (1) "Person" means any individual, partnership,
15     corporation, association or other entity.
16         (2) "Owner" means the person who owns the master sound
17     recording on which sound is recorded and from which the
18     transferred recorded sounds are directly or indirectly
19     derived, or the person who owns the rights to record or
20     authorize the recording of a live performance.
21         (3) "Sound or audio visual recording" means any sound
22     or audio visual phonograph record, disc, pre-recorded
23     tape, film, wire, magnetic tape or other object, device or
24     medium, now known or hereafter invented, by which sounds or
25     images may be reproduced with or without the use of any
26     additional machine, equipment or device.

 

 

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1         (4) "Master sound recording" means the original
2     physical object on which a given set of sounds were first
3     recorded and which the original object from which all
4     subsequent sound recordings embodying the same set of
5     sounds are directly or indirectly derived.
6         (5) "Unidentified sound or audio visual recording"
7     means a sound or audio visual recording without the actual
8     name and full and correct street address of the
9     manufacturer, and the name of the actual performers or
10     groups prominently and legibly printed on the outside cover
11     or jacket and on the label of such sound or audio visual
12     recording.
13         (6) "Manufacturer" means the person who actually makes
14     or causes to be made a sound or audio visual recording. The
15     term manufacturer does not include a person who
16     manufactures the medium upon which sounds or visual images
17     can be recorded or stored, or who manufactures the
18     cartridge or casing itself.
19     (c) Unlawful use of recorded sounds or images is a Class 4
20 felony; however:
21         (1) If the offense involves more than 100 but not
22     exceeding 1000 unidentified sound recordings or more than 7
23     but not exceeding 65 unidentified audio visual recordings
24     during any 180 day period the authorized fine is up to
25     $100,000; and
26         (2) If the offense involves more than 1,000

 

 

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1     unidentified sound recordings or more than 65 unidentified
2     audio visual recordings during any 180 day period the
3     authorized fine is up to $250,000.
4     (d) This Section shall neither enlarge nor diminish the
5 rights of parties in private litigation.
6     (e) This Section does not apply to any person engaged in
7 the business of radio or television broadcasting who transfers,
8 or causes to be transferred, any sounds (other than from the
9 sound track of a motion picture) solely for the purpose of
10 broadcast transmission.
11     (f) If any provision or item of this Section or the
12 application thereof is held invalid, such invalidity shall not
13 affect other provisions, items or applications of this Section
14 which can be given effect without the invalid provisions, items
15 or applications and to this end the provisions of this Section
16 are hereby declared severable.
17     (g) Each and every individual manufacture, distribution or
18 sale or transfer for a consideration of such recorded devices
19 in contravention of this Section constitutes a separate
20 violation of this Section.
21     (h) Any sound or audio visual recordings containing
22 transferred sounds or a performance whose transfer was not
23 authorized by the owner of the master sound recording or
24 performance, in violation of this Section, or in the attempt to
25 commit such violation as defined in Section 8-2, or in a
26 solicitation to commit such offense as defined in Section 8-1,

 

 

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1 may be confiscated and destroyed upon conclusion of the case or
2 cases to which they are relevant, except that the Court may
3 enter an order preserving them as evidence for use in other
4 cases or pending the final determination of an appeal.
5     (i) It is an affirmative defense to any charge of unlawful
6 use of recorded sounds or images that the recorded sounds or
7 images so used are public domain material. For purposes of this
8 Section, recorded sounds are deemed to be in the public domain
9 if the recorded sounds were copyrighted pursuant to the
10 copyright laws of the United States, as the same may be amended
11 from time to time, and the term of the copyright and any
12 extensions or renewals thereof has expired.
13 (Source: P.A. 86-1210.)
 
14     (720 ILCS 5/16-8)  (from Ch. 38, par. 16-8)
15     Sec. 16-8. Unlawful use of unidentified sound or audio
16 visual recordings.
17     (a) A person commits unlawful use of unidentified sound or
18 audio visual recordings when he intentionally, knowingly,
19 recklessly or negligently for profit manufactures, advertises
20 or offers for sale, sells, distributes, transports, vends,
21 circulates, performs, leases, or possesses for such purposes,
22 or otherwise deals in and with unidentified sound or audio
23 visual recordings or causes the manufacture, advertisement or
24 offer for sale, sale, distribution, transportation, vending,
25 circulation, performance, lease, or possession for such

 

 

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1 purposes, or other dealing in and with unidentified sound or
2 audio visual recordings.
3     (b) Unlawful use of unidentified sound or audio visual
4 recordings is a Class 4 felony; however:
5         (1) If the offense involves more than 100 but not
6     exceeding 1000 unidentified sound recordings or more than 7
7     but not exceeding 65 unidentified audio visual recordings
8     during any 180 day period the authorized fine is up to
9     $100,000; and
10         (2) If the offense involves more than 1,000
11     unidentified sound recordings or more than 65 unidentified
12     audio visual recordings during any 180 day period the
13     authorized fine is up to $250,000.
14     (c) Each and every individual manufacture, advertisement
15 or offer for sale, sale, distribution, transportation,
16 vending, circulation, performance, lease, or possession for
17 such purposes, or other dealing in and with an unidentified
18 sound or audio visual recording constitutes a separate
19 violation of this Section.
20     (c-5) Upon conviction of any violation of this Section, the
21 offender shall be sentenced to make restitution to any owner or
22 lawful producer of a master sound or audio visual recording, or
23 to the trade association representing such owner or lawful
24 producer, that has suffered injury resulting from the crime.
25 The order of restitution shall be based on the aggregate
26 wholesale value of lawfully manufactured and authorized sound

 

 

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1 or audio visual recordings corresponding to the non-conforming
2 recorded devices involved in the offense, and shall include
3 investigative costs relating to the offense.
4     (d) If any provision or item of this Section or the
5 application thereof is held invalid, such invalidity shall not
6 affect other provisions, items or applications of this Section
7 which can be given effect without the invalid provisions, items
8 or applications and to this end the provisions of this Section
9 are hereby declared severable.
10     (e) Any unidentified sound or audio visual recording used
11 in violation of this Section, or in the attempt to commit such
12 violation as defined in Section 8-4, or in a conspiracy to
13 commit such violation as defined in Section 8-2, or in a
14 solicitation to commit such offense as defined in Section 8-1,
15 may be confiscated and destroyed upon conclusion of the case or
16 cases to which they are relevant, except that the Court may
17 enter an order preserving them as evidence for use in other
18 cases or pending the final determination of an appeal.
19 (Source: P.A. 86-1210.)