The Committee on Labor, Commerce and Industry proposes the following Amendment No. to H. 3859 (COUNCIL\SA\3859C001.DF.SA22):

Reference is to the bill as introduced.

Amend the bill, as and if amended, SECTION 1, by striking Section 39-77-20 and inserting:

/ Section 39-77-20.As used in this chapter:

(1) 'Audiovisual works' means works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.

(2) 'Commercial recording or audiovisual work' means a recording or audiovisual work whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate such recording or audiovisual work for sale, for rental, or for performance or exhibition to the public, including under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. A recording or audiovisual work may be commercial regardless of whether a person who electronically disseminates it seeks commercial advantage or private financial gain from the dissemination.

(3) 'Electronic dissemination' means initiating a transmission of, making available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or performance through the Internet or other digital network, regardless of whether another person has previously electronically disseminated the same commercial recording or audiovisual work.

(4) 'Website' means a set of related web pages served from a single web domain. The term does not include a home page or channel page for the user account of a person who is not the owner or operator of the website upon which such user home page or channel page appears. /