108TH CONGRESS 2D SESSION

S. ___

IN THE SENATE OF THE UNITED STATES

Mr. HATCH (for himself, Mr. LEAHY, Mr. FRIST, Mr. DASCHLE, Mr. GRAHAM
of South Carolina, and Mrs. BOXER) introduced the following bill;
which was read twice and referred to the Committee on

A BILL

To amend chapter 5 of title 17, United States Code, relating to
inducement of copyright infringement, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Inducing Infringement of Copyrights Act
of 2004''.

SEC. 2. INTENTIONAL INDUCEMENT OF COPYRIGHT INFRINGEMENT.

Section 501 of title 17, United States Code, is amended by adding at
the end the following:

 ``(g)(1) In this subsection, the term `intentionally induces' means
 intentionally aids, abets, induces, or procures, and intent may be
 shown by acts from which a reasonable person would find intent to
 induce infringement based upon all relevant information about such
 acts then reasonably available to the actor, including whether the
 activity relies on infringement for its commercial viability.

 ``(2) Whoever intentionally induces any violation identified in
 subsection (a) shall be liable as an infringer.

 ``(3) Nothing in this subsection shall enlarge or diminish the
 doctrines of vicarious and contributory liability for copyright
 infringement or require any court to unjustly withhold or impose any
 secondary liability for copyright infringement.''.