118 STAT. 3913 PUBLIC LAW 108–482—DEC. 23, 2004 (A) in paragraph (2), by striking ‘‘and’’ after the semi- colon; (B) in paragraph (3)— (i) by striking ‘‘and ‘audiovisual work’ have’’ and inserting the following: ‘‘ ‘audiovisual work’, ‘literary work’, ‘pictorial, graphic, or sculptural work’, ‘sound recording’, ‘work of visual art’, and ‘copyright owner’ have’’; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ‘‘(4) the term ‘illicit label’ means a genuine certificate, licensing document, registration card, or similar labeling component— ‘‘(A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging is not counterfeit or infringing of any copyright; and ‘‘(B) that is, without the authorization of the copyright owner— ‘‘(i) distributed or intended for distribution not in connection with the copy, phonorecord, or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner; or ‘‘(ii) in connection with a genuine certificate or licensing document, knowingly falsified in order to des- ignate a higher number of licensed users or copies than authorized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright owner’s distribution channel and not for the purpose of verifying that a copy or phonorecord is noninfringing; ‘‘(5) the term ‘documentation or packaging’ means docu- mentation or packaging, in physical form, for a phonorecord, copy of a computer program, copy of a motion picture or other audiovisual work, copy of a literary work, copy of a pictorial, graphic, or sculptural work, or work of visual art; and ‘‘(6) the term ‘counterfeit documentation or packaging’ means documentation or packaging that appears to be genuine, but is not.’’; (4) in subsection (c)— (A) by striking paragraph (3) and inserting the fol- lowing: ‘‘(3) the counterfeit label or illicit label is affixed to, encloses, or accompanies, or is designed to be affixed to, enclose, or accompany— ‘‘(A) a phonorecord of a copyrighted sound recording or copyrighted musical work; ‘‘(B) a copy of a copyrighted computer program; ‘‘(C) a copy of a copyrighted motion picture or other audiovisual work; ‘‘(D) a copy of a literary work; ‘‘(E) a copy of a pictorial, graphic, or sculptural work; VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00447 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
�
