Public Act 095-0485
 
SB0532 Enrolled LRB095 10832 RLC 31094 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 16-7 and 16-8 as follows:
 
    (720 ILCS 5/16-7)  (from Ch. 38, par. 16-7)
    Sec. 16-7. Unlawful use of recorded sounds or images.
    (a) A person commits unlawful use of recorded sounds or
images when he:
        (1) Intentionally, knowingly or recklessly transfers
    or causes to be transferred without the consent of the
    owner, any sounds or images recorded on any sound or audio
    visual recording with the purpose of selling or causing to
    be sold, or using or causing to be used for profit the
    article to which such sounds or recordings of sound are
    transferred.
        (2) Intentionally, knowingly or recklessly sells,
    offers for sale, advertises for sale, uses or causes to be
    used for profit any such article described in subsection
    16-7(a)(1) without consent of the owner.
        (3) Intentionally, knowingly or recklessly offers or
    makes available for a fee, rental or any other form of
    compensation, directly or indirectly, any equipment or
    machinery for the purpose of use by another to reproduce or
    transfer, without the consent of the owner, any sounds or
    images recorded on any sound or audio visual recording to
    another sound or audio visual recording or for the purpose
    of use by another to manufacture any sound or audio visual
    recording in violation of Section 16-8.
        (4) Intentionally, knowingly or recklessly transfers
    or causes to be transferred without the consent of the
    owner, any live performance with the purpose of selling or
    causing to be sold, or using or causing to be used for
    profit the sound or audio visual recording to which the
    performance is transferred.
    (b) As used in this Section and Section 16-8:
        (1) "Person" means any individual, partnership,
    corporation, association or other entity.
        (2) "Owner" means the person who owns the master sound
    recording on which sound is recorded and from which the
    transferred recorded sounds are directly or indirectly
    derived, or the person who owns the rights to record or
    authorize the recording of a live performance.
        (3) "Sound or audio visual recording" means any sound
    or audio visual phonograph record, disc, pre-recorded
    tape, film, wire, magnetic tape or other object, device or
    medium, now known or hereafter invented, by which sounds or
    images may be reproduced with or without the use of any
    additional machine, equipment or device.
        (4) "Master sound recording" means the original
    physical object on which a given set of sounds were first
    recorded and which the original object from which all
    subsequent sound recordings embodying the same set of
    sounds are directly or indirectly derived.
        (5) "Unidentified sound or audio visual recording"
    means a sound or audio visual recording without the actual
    name and full and correct street address of the
    manufacturer, and the name of the actual performers or
    groups prominently and legibly printed on the outside cover
    or jacket and on the label of such sound or audio visual
    recording.
        (6) "Manufacturer" means the person who actually makes
    or causes to be made a sound or audio visual recording. The
    term manufacturer does not include a person who
    manufactures the medium upon which sounds or visual images
    can be recorded or stored, or who manufactures the
    cartridge or casing itself.
    (c) Unlawful use of recorded sounds or images is a Class 4
felony; however:
        (1) If the offense involves more than 100 but not
    exceeding 1000 unidentified sound recordings or more than 7
    but not exceeding 65 unidentified audio visual recordings
    during any 180 day period the authorized fine is up to
    $100,000; and
        (2) If the offense involves more than 1,000
    unidentified sound recordings or more than 65 unidentified
    audio visual recordings during any 180 day period the
    authorized fine is up to $250,000.
    (d) This Section shall neither enlarge nor diminish the
rights of parties in private litigation.
    (e) This Section does not apply to any person engaged in
the business of radio or television broadcasting who transfers,
or causes to be transferred, any sounds (other than from the
sound track of a motion picture) solely for the purpose of
broadcast transmission.
    (f) If any provision or item of this Section or the
application thereof is held invalid, such invalidity shall not
affect other provisions, items or applications of this Section
which can be given effect without the invalid provisions, items
or applications and to this end the provisions of this Section
are hereby declared severable.
    (g) Each and every individual manufacture, distribution or
sale or transfer for a consideration of such recorded devices
in contravention of this Section constitutes a separate
violation of this Section.
    (h) Any sound or audio visual recordings containing
transferred sounds or a performance whose transfer was not
authorized by the owner of the master sound recording or
performance, in violation of this Section, or in the attempt to
commit such violation as defined in Section 8-2, or in a
solicitation to commit such offense as defined in Section 8-1,
may be confiscated and destroyed upon conclusion of the case or
cases to which they are relevant, except that the Court may
enter an order preserving them as evidence for use in other
cases or pending the final determination of an appeal.
    (i) It is an affirmative defense to any charge of unlawful
use of recorded sounds or images that the recorded sounds or
images so used are public domain material. For purposes of this
Section, recorded sounds are deemed to be in the public domain
if the recorded sounds were copyrighted pursuant to the
copyright laws of the United States, as the same may be amended
from time to time, and the term of the copyright and any
extensions or renewals thereof has expired.
(Source: P.A. 86-1210.)
 
    (720 ILCS 5/16-8)  (from Ch. 38, par. 16-8)
    Sec. 16-8. Unlawful use of unidentified sound or audio
visual recordings.
    (a) A person commits unlawful use of unidentified sound or
audio visual recordings when he intentionally, knowingly,
recklessly or negligently for profit manufactures, advertises
or offers for sale, sells, distributes, transports, vends,
circulates, performs, leases, or possesses for such purposes,
or otherwise deals in and with unidentified sound or audio
visual recordings or causes the manufacture, advertisement or
offer for sale, sale, distribution, transportation, vending,
circulation, performance, lease, or possession for such
purposes, or other dealing in and with unidentified sound or
audio visual recordings.
    (b) Unlawful use of unidentified sound or audio visual
recordings is a Class 4 felony; however:
        (1) If the offense involves more than 100 but not
    exceeding 1000 unidentified sound recordings or more than 7
    but not exceeding 65 unidentified audio visual recordings
    during any 180 day period the authorized fine is up to
    $100,000; and
        (2) If the offense involves more than 1,000
    unidentified sound recordings or more than 65 unidentified
    audio visual recordings during any 180 day period the
    authorized fine is up to $250,000.
    (c) Each and every individual manufacture, advertisement
or offer for sale, sale, distribution, transportation,
vending, circulation, performance, lease, or possession for
such purposes, or other dealing in and with an unidentified
sound or audio visual recording constitutes a separate
violation of this Section.
    (c-5) Upon conviction of any violation of this Section, the
offender shall be sentenced to make restitution to any owner or
lawful producer of a master sound or audio visual recording, or
to the trade association representing such owner or lawful
producer, that has suffered injury resulting from the crime.
The order of restitution shall be based on the aggregate
wholesale value of lawfully manufactured and authorized sound
or audio visual recordings corresponding to the non-conforming
recorded devices involved in the offense, and shall include
investigative costs relating to the offense.
    (d) If any provision or item of this Section or the
application thereof is held invalid, such invalidity shall not
affect other provisions, items or applications of this Section
which can be given effect without the invalid provisions, items
or applications and to this end the provisions of this Section
are hereby declared severable.
    (e) Any unidentified sound or audio visual recording used
in violation of this Section, or in the attempt to commit such
violation as defined in Section 8-4, or in a conspiracy to
commit such violation as defined in Section 8-2, or in a
solicitation to commit such offense as defined in Section 8-1,
may be confiscated and destroyed upon conclusion of the case or
cases to which they are relevant, except that the Court may
enter an order preserving them as evidence for use in other
cases or pending the final determination of an appeal.
(Source: P.A. 86-1210.)