Public Act 097-0538
 
SB2040 EnrolledLRB097 00013 RLC 40033 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 
Section 16-7 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.

    (j)  With respect to sound recordings (other than 
accompanying a motion picture or other audiovisual work), this 
Section applies only to sound recordings that were initially 
recorded before February 15, 1972. 
(Source: P.A. 95-485, eff. 1-1-08.)