Full Text of SB2040 97th General Assembly
SB2040enr 97TH GENERAL ASSEMBLY |
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| 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 | | Section 16-7 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 | | (j) With respect to sound recordings (other than | 14 | | accompanying a motion picture or other audiovisual work), this | 15 | | Section applies only to sound recordings that were initially | 16 | | recorded before February 15, 1972. | 17 | | (Source: P.A. 95-485, eff. 1-1-08 .)
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