Full Text of SB0532 95th General Assembly
SB0532enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 16-7 and 16-8 as follows:
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| (720 ILCS 5/16-7) (from Ch. 38, par. 16-7)
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| Sec. 16-7. Unlawful use of recorded sounds or images.
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| (a) A person commits unlawful use of recorded sounds or | 9 |
| images when he:
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| (1) Intentionally, knowingly or recklessly transfers
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| 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.
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| (2) Intentionally, knowingly or recklessly sells,
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| 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.
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| (3) Intentionally, knowingly or recklessly offers or
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| makes available for a fee, rental or any other form of | 23 |
| compensation,
directly or indirectly, any equipment or |
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| 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
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| recording in violation of Section 16-8.
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| (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.
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| (b) As used in this Section and Section 16-8:
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| (1) "Person" means any individual, partnership,
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| corporation, association or other entity.
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| (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.
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| (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
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| additional machine, equipment or device.
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| (4) "Master sound recording" means the original
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| 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.
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| (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.
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| (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.
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| (c) Unlawful use of recorded sounds or images is a Class
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| felony; however:
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| (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
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| (2) If the offense involves more than 1,000 |
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| 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.
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| (d) This Section shall neither enlarge nor diminish the | 5 |
| rights
of parties in private litigation.
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| (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.
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| (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.
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| (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.
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| (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
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| solicitation to commit such offense as defined in Section 8-1, |
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| 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.
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| (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.
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| (Source: P.A. 86-1210.)
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| (720 ILCS 5/16-8) (from Ch. 38, par. 16-8)
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| Sec. 16-8. Unlawful use of unidentified sound or audio | 16 |
| visual recordings.
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| (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,
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| 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,
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| circulation, performance, lease , or possession for such |
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| purposes,
or other dealing in and with unidentified
sound or | 2 |
| audio visual recordings.
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| (b) Unlawful use of unidentified sound or audio visual | 4 |
| recordings is a
Class 4 felony; however:
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| (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
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| (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.
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| (c) Each and every individual manufacture, advertisement | 15 |
| or offer for sale, sale, distribution, transportation,
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| 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
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| violation of this Section.
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| (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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| 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.
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| (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.
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| (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.
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| (Source: P.A. 86-1210.)
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