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| Public Act 097-0538
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| SB2040 Enrolled | LRB097 00013 RLC 40033 b |
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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 |
Section 16-7 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 |
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 |
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.
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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 |
used
for profit any such article described in subsection |
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 |
compensation,
directly or indirectly, any equipment or |
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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
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recording in violation of Section 16-8.
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(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.
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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 |
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.
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(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
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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 |
recorded
and which the original object from which all |
subsequent sound
recordings embodying the same set of |
sounds are directly or
indirectly derived.
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(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.
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(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.
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(c) Unlawful use of recorded sounds or images is a Class
4 |
felony; however:
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(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
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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 |
audio visual recordings during any
180 day period the |
authorized fine is up to $250,000.
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(d) This Section shall neither enlarge nor diminish the |
rights
of parties in private litigation.
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(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.
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(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.
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(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.
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(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
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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 |
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.
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(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.
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(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.)
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