H.R. 4279 would enhance remedies for violations of intellectual property laws.
Detailed Summary
Prioritizing Resources and Organization for Intellectual Property Act of 2008 - <b> Title I: Enhancements to Civil Intellectual Property Laws - </b>(Sec. 101) Amends federal copyright law to: (1) provide a safe harbor for copyright registrations that contain inaccurate information, unless there was knowledge of the inaccurate information and the inaccuracy of the information, if known, would have caused the Register of Copyrights to refuse registration; (2) provide that copyright registration requirements apply to civil (not criminal) infringement actions; and (3) require courts to issue protective orders to prevent disclosure of seized records relating to copyright infringement.
(Sec. 104) Broadens the trademark infringement situations in which treble damages are allowed to include: (1) intentionally inducing another to violate a trademark; and (2) providing goods and services necessary to the commission of a violation with the intent that they be used in the violation. Doubles the minimum and maximum statutory damage limits for trademark infringement.
(Sec. 106) Prohibits the importing (current law), as well as the exporting, of infringing copies of copyrighted works.
<b>Title II: Enhancements to Criminal Intellectual Property Laws - </b> (Sec. 201) Amends the federal criminal code with respect to intellectual property to: (1) revise criminal penalties for infringement of a copyright by permitting repeat felony violations to be interchangeable, for trafficking in counterfeit labels or packaging, and for causing serious bodily harm or death while trafficking in counterfeit goods or services; and (2) revise current civil and criminal forfeiture provisions for copyright infringement, as well as add new restitution and forfeiture provisions.
(Sec. 203) Authorizes the United States Sentencing Commission to amend certain federal sentencing guidelines and policy statements regarding whether a defendant should receive an upward adjustment in the offense level on the grounds that exportation introduces infringing items into the stream of foreign commerce in a manner analogous to the manner in which manufacturing, importing, and uploading such items introduces them into the stream of commerce.
<b>Title III: Coordination and Strategic Planning of Federal Effort Against Counterfeiting and Piracy - Subtitle A: Office of the United States Intellectual Property Enforcement Representative - </b>(Sec. 301) Establishes within the Executive Office of the President the Office of the United States Intellectual Property Enforcement Representative (IP Enforcement Representative) to formulate a Joint Strategic Plan for combating counterfeiting and piracy of intellectual property and for coordinating national and international enforcement efforts to protect intellectual property rights. Establishes an interagency intellectual property enforcement advisory committee to develop the Joint Strategic Plan against counterfeiting and piracy under subtitle B of this title.
<b>Subtitle B: Joint Strategic Plan - </b> (Sec. 321) Requires the IP Enforcement Representative to submit a Joint Strategic Plan against counterfeiting and piracy to the President and specified congressional committees every three years. Requires that the plan include programs to provide training and technical assistance to foreign governments to enhance those governments' efforts to enforce counterfeiting and piracy laws.
(Sec. 322) Requires an annual report on the Office's activities to the President, Congress, and the people of the United States.
(Sec. 323) Repeals provisions establishing the National Intellectual Property Law Enforcement Coordination Council.
(Sec. 324) Authorizes appropriations to carry out this title.
<b>Title IV: International Enforcement and Coordination - </b>(Sec. 401) Directs the Under Secretary of Commerce for Intellectual Property and the Director of the U.S. Patent and Trademark Office (USPTO) to appoint at least 10 additional intellectual property attaches to work with foreign countries to combat counterfeiting and piracy of intellectual property. Sets forth provisions providing for the duties, assignment, and training of such attaches.
(Sec. 404) Requires the Department of Commerce's Inspector General to perform yearly audits of the intellectual property attaches and report to the House and Senate judiciary committees on the audit results, including regarding activities and effectiveness.
(Sec. 405) Authorizes appropriations for the training and support of the intellectual property attaches appointed under this title and of other Department of Commerce intellectual property attaches.
<b>Title V: Department of Justice Programs - Subtitle A: Coordination - </b> (Sec. 501) Establishes within the Department of Justice (DOJ) the Intellectual Property Enforcement Division to be headed by an Intellectual Property Enforcement Officer (IP Officer).
Transfers to the Intellectual Property Enforcement Division the functions of the Computer Crime and Intellectual Property Section of the Criminal Division of the Department of Justice that relate to the enforcement of criminal laws regarding intellectual property rights and trade secrets. Requires that the Intellectual Property Law Enforcement Coordinators of the Department of Justice to whom this title applies also be in the Intellectual Property Enforcement Division.
<b>Subtitle B: Law Enforcement Resources - </b>(Sec. 511) Amends the Computer Crime Enforcement Act to: (1) modify grant programs for combating computer crime to include infringement of copyrighted works over the Internet; and (2) authorize appropriations for the grants.
Directs the Office of Justice Programs of DOJ to make grants to state and local law enforcement agencies to combat intellectual property theft and infringement crimes. Authorizes appropriations.
(Sec. 512) Directs the Attorney General to: (1) review Computer Hacking and Intellectual Property (CHIP) units, provide such units with additional support and resources, and coordinate unit activities with corresponding state and local activities; and (2) direct each U.S. attorney to review policies for accepting or declining prosecutions of criminal cases involving intellectual property law violation.
(Sec. 514) Authorizes appropriations to carry out this subtitle.
<b> Subtitle C: International Activities - </b> (Sec. 521) Directs the Attorney General to deploy five additional Intellectual Property Law Enforcement Coordinators in foreign countries to protect the intellectual property rights of U.S. citizens. Authorizes appropriations.
(Sec. 522) Directs the Attorney General to increase DOJ training and assistance to foreign governments to combat counterfeiting and piracy of intellectual property. Authorizes appropriations.
<b> Subtitle D: Coordination, Implementation, and Reporting - </b>(Sec. 531) Requires the IP Officer to ensure that activities undertaken under this title are carried out in a way consistent with the Joint Strategic Plan.
(Sec. 532) Directs the Attorney General to report to the House and Senate judiciary committees on actions taken to carry out this title, including regarding the IP Officer's activities.
Status of the Legislation
Latest Major Action: 5/12/2008: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Points in Favor
Removes a loop hole that minimizes copyright penalties for infringing compilations.
Creates WHIPER, which could reduce international piracy of U.S. copyrights.
Points Against
Increases already stiff domestic penalties, without providing any real mechanism for copyright owners to recover lost value.
Provides no remedies to owners of unregistered copyrights.
Strongly favors large content owners over small content owners.
Visitor Comments
Elisabeth
I like this bill. I hope it is successful.
Don Marti
This bill would fund more government bureaucrats at a time of record deficits. At least make the businesses that would benefit from this bill pay for it, by funding it through fees on copyright registration and patent and trademark applications.
Bob
This is a much needed bill. By the way, there are already copyright fees in place.
john
another handout to antiquated big media
cathy
"antiquated big media"? This is one of the biggest industries the US has to offer to the world. We need to protect our IP. Take this away and huge industries will fall taking all of it's workers down as well. A huge blow to the US economy.
Richard
Yeah, that drug Czar-thing has worked out so well, this should be equally as effective. More laws, higher expense, people prosecuted for exercising their Fair Use rights...how about letting the free market work and let the IP-producers figure it out?!? I don't want to subsidize their failed marketing model. The unintended consequences from this staggeringly ill-conceived bill will be massive.
alan
This is not the appropriate place for the American government to be. Just as the war on drugs is such a benefit to us, I'm sure this will prove to be even more of a nightmare.
People need to educate themselves about copyright, and the ideas behind why it benefits society, then look at how its been perverted into a one-sided benefit, with society suffering.
If you want this, I want copyright lengths to become reasonable again. how about say 10 years?
Josh
What's wrong you people? Why are you supporting this bill? Do you want your houses being taken away once this bill passes even if you don't have computer or any device that infringes copyright? You all should ashamed of yourselves. And I have to agree with Alan, this bill will be more than nightmare, It will be our greatest tribulation as it never was today. We must stand up and fight for fair use and defend our dwelling. Will the RIAA own your house? Yes, it's a facility whether or not you own famiclones, or pirated famicarts.
Edtropolis
I have to agree with Josh. This bill is not going to help the economy by letting the RIAA and MPAA taking people's houses and other personal property away, and sending civilians off to FEMA labor camps just because of a hefty fine of lets say $130 million per track. Now Let's say someone downloaded 40 tracks illegally multiply by a $130,000,000 fine. Total damage= $5.2 billion. Contact your state senator to oppose their version of this bill.
Andrew
If you want people to invent or create you have to let them reap the rewards. It is more important to have society move foward than to protect people who feel entitled to steal.
Jeremy
Ideas cannot be owned in the same way cars can be, thus they cannot be stolen in the same way cars can be. Thus we should not have laws that punish people for stealing ideas in the same way people steal cars. Next they are going to want to collect from everyone who overhears songs without paying and the absurdity will increase. This is what happens when industry funds laws. This is why I will never be a democrat. This is not only a reason not to vote for democrats, this is a reason for Revolution. Capital R.
Mike
I agree that this bill is ridiculous.
But don't think it's just democrats voting for this - check the voting record.. Heck, check the bill's cosponsors!
http://www.govtrack.us/congress/bill.xpd?tab=main&bill=h110-4279
Everybody needs to contact their senators on this one...
Rock
Less Government not more! Enforce current laws for pete's sake!
Tom
This bill MUST be stopped!
This is yet another example of over-legislating by Congress.
I thought a couple years ago, that putting in new Democratic reps would solve the Washington problem, but same-old same-old. The Dems are no better than the GOP.
Write your Senators!!!
Josh Taylor
I looked at the Senate version of this bill. We're all going to lose our homes. Send the senate version to Alex Jones.