SB2040 EngrossedLRB097 00013 RLC 40033 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 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
9images 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
20felony; 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
5rights of parties in private litigation.
6    (e) This Section does not apply to any person engaged in
7the business of radio or television broadcasting who transfers,
8or causes to be transferred, any sounds (other than from the
9sound track of a motion picture) solely for the purpose of
10broadcast transmission.
11    (f) If any provision or item of this Section or the
12application thereof is held invalid, such invalidity shall not
13affect other provisions, items or applications of this Section
14which can be given effect without the invalid provisions, items
15or applications and to this end the provisions of this Section
16are hereby declared severable.
17    (g) Each and every individual manufacture, distribution or
18sale or transfer for a consideration of such recorded devices
19in contravention of this Section constitutes a separate
20violation of this Section.
21    (h) Any sound or audio visual recordings containing
22transferred sounds or a performance whose transfer was not
23authorized by the owner of the master sound recording or
24performance, in violation of this Section, or in the attempt to
25commit such violation as defined in Section 8-2, or in a
26solicitation to commit such offense as defined in Section 8-1,

 

 

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1may be confiscated and destroyed upon conclusion of the case or
2cases to which they are relevant, except that the Court may
3enter an order preserving them as evidence for use in other
4cases or pending the final determination of an appeal.
5    (i) It is an affirmative defense to any charge of unlawful
6use of recorded sounds or images that the recorded sounds or
7images so used are public domain material. For purposes of this
8Section, recorded sounds are deemed to be in the public domain
9if the recorded sounds were copyrighted pursuant to the
10copyright laws of the United States, as the same may be amended
11from time to time, and the term of the copyright and any
12extensions or renewals thereof has expired.
13    (j) With respect to sound recordings (other than from the
14sound track of a motion picture or other audiovisual work),
15this Section applies only to sound recordings that were
16initially recorded before February 15, 1972.
17(Source: P.A. 95-485, eff. 1-1-08.)