12 2 STA T .4 2 60PUBLIC LA W 110 – 40 3—O CT. 13 , 200 8eith e rcons tit u te da nin f rin g e m ent of co py right , or w hich wou l d ha v e constituted an infringement of copyright if this title had b een applicable, is an infringement of the e x clusive right to distribute copies or phonorecords under section 106 , actionable under sections 5 01 and 506 .‘ ‘ (3)EXCEPTIONS . —T his subsection does not apply to— ’ ’
( 4 ) in paragraph (3)( A ) (as redesignated by this subsection) by inserting ‘‘or exportation’’ after ‘‘importation’’; and (5) in paragraph (3)( B ) (as redesignated by this sub - section)— (A) by stri k ing ‘‘importation, for the private use of the importer’’ and inserting ‘‘importation or exportation, for the private use of the importer or exporter’’; and (B) by inserting ‘‘or departing from the U nited S tates’’ after ‘‘United States’’. (c) C ON F O RM IN G AMEN D MENTS.—(1) Section 60 2 of title 1 7 , United States Code, is further amended— (A) in the section heading, by inserting ‘‘ orexp or ta t i o n ’’ after ‘‘i m portation’’; and (B) in subsection (b)— (i) by striking ‘‘(b) I n a case’’ and inserting ‘‘(b) IMPORT P RO H I B ITION.—In a case’’; (ii) by striking ‘‘the United States Customs Service’’ and inserting ‘‘United States Customs and Border Protec- tion’’; and (iii) by striking ‘‘the Customs Service’’ and inserting ‘‘United States Customs and Border Protection’’. (2) Section 601(b)(2) of title 17, United States Code, is amended by striking ‘‘the United States Customs Service’’ and inserting ‘‘United States Customs and Border Protection’’. (3) The item relating to chapter 6 in the table of chapters for title 17, United States Code, is amended to read as follows
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‘ 6.MANUF A CT U RI N GREQ UIRE M ENT S,I M PO RTATION, AN DEX PORTATION ........ 6 01’ ’. TI T LE II — E NHA N C E M ENT S T O C R IMI - NAL INTELLECT U AL P ROPERT Y LA W S SEC.201 .C RIM I NAL C OPY RI GHT IN F RINGEMENT. (a) F ORFEIT U RE A ND D ESTRUCTION; R ESTITUTION.—Section 506(b) of title 17, United States Code, is amended to read as follows: ‘‘(b) FORFEITURE, DESTRUCTION, AND RESTITUTION.—Forfeiture, destruction, and restitution relating to this section shall be sub j ect to section 2323 of title 1 8 , to the extent provided in that section, in addition to any other similar remedies provided by law.’’. (b) SEI Z URES AND FORFEITURES.— (1) REPEA L .—Section 50 9 of title 17, United States Code, is repealed. (2) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for chapter 5 of title 17, United States Code, is amended by striking the item relating to section 509. SEC. 202. TRAFFIC K ING IN CO U NTERFEIT LA B ELS , ILLICIT LABELS, OR COUNTERFEIT D OCUMENTATION OR PACKAGING FOR W ORKS THAT CAN BE COPYRIGHTED. Section 2318 of title 18, United States Code, is amended—
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