Rep. Barbara Flynn Currie
Filed: 5/23/2014
 
 


 




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1
AMENDMENT TO SENATE BILL 1099




2 AMENDMENT NO. ______. Amend Senate Bill 1099 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Consumer Fraud and Deceptive Business 
5Practices Act is amended by adding Section 2RRR as follows:

6 (815 ILCS 505/2RRR new)
7 Sec. 2RRR. Unfair or deceptive copyright infringement 
8demand letters.
9 (a) As used in this Section:
10 "Affiliated person" means a person affiliated with the 
11intended recipient of a written or electronic communication. 
12 "Intended recipient" means a person who receives a written 
13communication alleging that he or she engaged in conduct that 
14allegedly violates the copyright protection available to 
15another person. 
16 (b) It is an unlawful practice under this Act for a person, 
 
 
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1in connection with the assertion of a United States copyright, 
2to send or cause any person to send any written, including 
3electronic, communication that states that the intended 
4recipient or any affiliated person is infringing or has 
5infringed a copyright and bears liability or owes compensation 
6to another person, if:
7  (1) the communication falsely threatens that 
8 administrative or judicial relief will be sought if 
9 compensation is not paid or the infringement issue is not 
10 otherwise resolved;
11  (2) the communication falsely states that litigation 
12 has been filed against the intended recipient or any 
13 affiliated person; 
14  (3) the assertions contained in the communication lack 
15 a reasonable basis in fact or law because:
16   (A) the person asserting the copyright is not a 
17 person, or does not represent a person, with the 
18 current right to license the copyright to or enforce 
19 the copyright against the intended recipient or any 
20 affiliated person;
21   (B) the communication seeks compensation on 
22 account of activities undertaken after the copyright 
23 has expired;
24   (C) the conduct at issue does not infringe one of 
25 the protected rights of a copyright holder;
26   (D) the alleged infringement at issue has been 
 
 
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1 previously ruled by a court to fall within a fair use 
2 exemption; or
3   (E) the alleged infringement at issue is 
4 permissible under any applicable End User License 
5 Agreement.
6  (4) the content of the communication fails to include 
7 information necessary to inform an intended recipient or 
8 any affiliated person about the copyright assertion by 
9 failing to include the following:
10   (A) the identity of the person asserting a right to 
11 license the copyright to or enforce the copyright 
12 against the intended recipient or any affiliated 
13 person;
14   (B) any registration that was filed with the United 
15 States Copyright Office;
16   (C) the factual allegations concerning the 
17 specific areas in which the intended recipient's or 
18 affiliated person's actions infringed the copyright or 
19 are covered by the claims in the copyright;
20   (D) the content of the communication fails to 
21 clearly state in bold font that no court has yet made a 
22 determination that the intended recipient has 
23 infringed or is liable in any way for payment of 
24 damages; and
25   (E) any factual information necessary to conclude 
26 that the work at issue is protected by copyright law.
 
 
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1 (c) Nothing in this Section shall be construed to deem it 
2an unlawful practice for any
person who owns or has the right 
3to license or enforce a copyright to:
4  (1) advise others of that ownership or right of license 
5 or enforcement;
6  (2) communicate to others that the copyright is 
7 available for license or sale;
8  (3) notify another of the infringement of the 
9 copyright; or
10  (4) seek compensation on account of past or present 
11 infringement or for a license
to the copyright. 
12 (d) Nothing in this Section shall be construed to apply to 
13take-down notices from copyright owners to service providers 
14under the Digital Millenium Copyright Act, 17 U.S.C. 512. 


15 Section 99. Effective date. This Act takes effect January 
161, 2015.".