Bill Text: IL SB1099 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Makes a technical change in a Section concerning the short title.
Sponsorship: Partisan Bill (Democrat 14)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1099 Detail]
Download: Illinois-2013-SB1099-Amended.html
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| 1 | AMENDMENT TO SENATE BILL 1099
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1099 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Consumer Fraud and Deceptive Business | ||||||
| 5 | Practices Act is amended by adding Section 2RRR as follows:
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| 6 | (815 ILCS 505/2RRR new) | ||||||
| 7 | Sec. 2RRR. Unfair or deceptive copyright infringement | ||||||
| 8 | demand letters. | ||||||
| 9 | (a) As used in this Section: | ||||||
| 10 | "Affiliated person" means a person affiliated with the | ||||||
| 11 | intended recipient of a written or electronic communication. | ||||||
| 12 | "Intended recipient" means a person who receives a written | ||||||
| 13 | communication alleging that he or she engaged in conduct that | ||||||
| 14 | allegedly violates the copyright protection available to | ||||||
| 15 | another person. | ||||||
| 16 | (b) It is an unlawful practice under this Act for a person, | ||||||
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| 1 | in connection with the assertion of a United States copyright, | ||||||
| 2 | to send or cause any person to send any written, including | ||||||
| 3 | electronic, communication that states that the intended | ||||||
| 4 | recipient or any affiliated person is infringing or has | ||||||
| 5 | infringed a copyright and bears liability or owes compensation | ||||||
| 6 | to 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 | ||||||
| 2 | an unlawful practice for any
person who owns or has the right | ||||||
| 3 | to 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 | ||||||
| 13 | take-down notices from copyright owners to service providers | ||||||
| 14 | under the Digital Millenium Copyright Act, 17 U.S.C. 512.
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| 15 | Section 99. Effective date. This Act takes effect January | ||||||
| 16 | 1, 2015.".
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