United States Code/Title 18/Part I/Chapter 113/Section 2319

United States Code/Title 18/Part I/Chapter 113/Section 2319
by Transactional Records Access Clearinghouse, Syracuse University
1049396United States Code/Title 18/Part I/Chapter 113/Section 2319Transactional Records Access Clearinghouse, Syracuse University

CITE

   18 USC Sec. 2319                                            01/05/2009

EXPCITE

   TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
   PART I - CRIMES
   CHAPTER 113 - STOLEN PROPERTY

HEAD

   Sec. 2319. Criminal infringement of a copyright

STATUTE

     (a) Any person who violates section 506(a) (relating to criminal
   offenses) of title 17 shall be punished as provided in subsections
   (b), (c), and (d) and such penalties shall be in addition to any
   other provisions of title 17 or any other law.
     (b) Any person who commits an offense under section 506(a)(1)(A)
   of title 17 -
       (1) shall be imprisoned not more than 5 years, or fined in the
     amount set forth in this title, or both, if the offense consists
     of the reproduction or distribution, including by electronic
     means, during any 180-day period, of at least 10 copies or
     phonorecords, of 1 or more copyrighted works, which have a total
     retail value of more than $2,500;
       (2) shall be imprisoned not more than 10 years, or fined in the
     amount set forth in this title, or both, if the offense is a
     felony and is a second or subsequent offense under subsection
     (a); and
       (3) shall be imprisoned not more than 1 year, or fined in the
     amount set forth in this title, or both, in any other case.
     (c) Any person who commits an offense under section 506(a)(1)(B)
   of title 17 -
       (1) shall be imprisoned not more than 3 years, or fined in the
     amount set forth in this title, or both, if the offense consists
     of the reproduction or distribution of 10 or more copies or
     phonorecords of 1 or more copyrighted works, which have a total
     retail value of $2,500 or more;
       (2) shall be imprisoned not more than 6 years, or fined in the
     amount set forth in this title, or both, if the offense is a
     felony and is a second or subsequent offense under subsection
     (a); and
       (3) shall be imprisoned not more than 1 year, or fined in the
     amount set forth in this title, or both, if the offense consists
     of the reproduction or distribution of 1 or more copies or
     phonorecords of 1 or more copyrighted works, which have a total
     retail value of more than $1,000.
     (d) Any person who commits an offense under section 506(a)(1)(C)
   of title 17 -
       (1) shall be imprisoned not more than 3 years, fined under this
     title, or both;
       (2) shall be imprisoned not more than 5 years, fined under this
     title, or both, if the offense was committed for purposes of
     commercial advantage or private financial gain;
       (3) shall be imprisoned not more than 6 years, fined under this
     title, or both, if the offense is a felony and is a second or
     subsequent offense under subsection (a); and
       (4) shall be imprisoned not more than 10 years, fined under
     this title, or both, if the offense is a felony and is a second
     or subsequent offense under paragraph (2).
     (e)(1) During preparation of the presentence report pursuant to
   Rule 32(c) of the Federal Rules of Criminal Procedure, victims of
   the offense shall be permitted to submit, and the probation officer
   shall receive, a victim impact statement that identifies the victim
   of the offense and the extent and scope of the injury and loss
   suffered by the victim, including the estimated economic impact of
   the offense on that victim.
     (2) Persons permitted to submit victim impact statements shall
   include -
       (A) producers and sellers of legitimate works affected by
     conduct involved in the offense;
       (B) holders of intellectual property rights in such works; and
       (C) the legal representatives of such producers, sellers, and
     holders.
     (f) As used in this section -
       (1) the terms "phonorecord" and "copies" have, respectively,
     the meanings set forth in section 101 (relating to definitions)
     of title 17;
       (2) the terms "reproduction" and "distribution" refer to the
     exclusive rights of a copyright owner under clauses (1) and (3)
     respectively of section 106 (relating to exclusive rights in
     copyrighted works), as limited by sections 107 through 122, of
     title 17;
       (3) the term "financial gain" has the meaning given the term in
     section 101 of title 17; and
       (4) the term "work being prepared for commercial distribution"
     has the meaning given the term in section 506(a) of title 17.

SOURCE

   (Added Pub. L. 97-180, Sec. 3, May 24, 1982, 96 Stat. 92; amended
   Pub. L. 102-561, Oct. 28, 1992, 106 Stat. 4233; Pub. L. 105-80,
   Sec. 12(b)(2), Nov. 13, 1997, 111 Stat. 1536; Pub. L. 105-147, Sec.
   2(d), Dec. 16, 1997, 111 Stat. 2678; Pub. L. 107-273, div. C, title
   III, Sec. 13211(a), Nov. 2, 2002, 116 Stat. 1910; Pub. L. 109-9,
   title I, Sec. 103(b), Apr. 27, 2005, 119 Stat. 220; Pub. L. 110-
   403, title II, Sec. 208, Oct. 13, 2008, 122 Stat. 4263.)

REFERENCES IN TEXT

     The Federal Rules of Criminal Procedure, referred to in subsec.
   (e)(1), are set out in the Appendix to this title.

AMENDMENTS

     2008 - Subsecs. (b)(2), (c)(2). Pub. L. 110-403, Sec. 208(1),
   (2), inserted "is a felony and" after "the offense" and substituted
   "subsection (a)" for "paragraph (1)".
     Subsec. (d)(3). Pub. L. 110-403, Sec. 208(3), inserted "is a
   felony and" after "the offense" and "under subsection (a)" before
   the semicolon.
     Subsec. (d)(4). Pub. L. 110-403, Sec. 208(4), inserted "is a
   felony and" after "the offense".
     2005 - Subsec. (a). Pub. L. 109-9, Sec. 103(b)(1), substituted
   "Any person who" for "Whoever" and ", (c), and (d)" for "and (c) of
   this section".
     Subsec. (b). Pub. L. 109-9, Sec. 103(b)(2), substituted "section
   506(a)(1)(A)" for "section 506(a)(1)" in introductory provisions.
     Subsec. (c). Pub. L. 109-9, Sec. 103(b)(3), substituted "section
   506(a)(1)(B) of title 17" for "section 506(a)(2) of title 17,
   United States Code" in introductory provisions.
     Subsecs. (d), (e). Pub. L. 109-9, Sec. 103(b)(4), (5), added
   subsec. (d) and redesignated former subsec. (d) as (e). Former
   subsec. (e) redesignated (f).
     Subsec. (f). Pub. L. 109-9, Sec. 103(b)(4), (6), redesignated
   subsec. (e) as (f) and added pars. (3) and (4).
     2002 - Subsec. (e)(2). Pub. L. 107-273 substituted "107 through
   122" for "107 through 120".
     1997 - Subsec. (a). Pub. L. 105-147, Sec. 2(d)(1), substituted
   "subsections (b) and (c)" for "subsection (b)".
     Subsec. (b). Pub. L. 105-147, Sec. 2(d)(2)(A), substituted
   "section 506(a)(1) of title 17" for "subsection (a) of this
   section" in introductory provisions.
     Subsec. (b)(1). Pub. L. 105-147, Sec. 2(d)(2)(B), inserted
   "including by electronic means," after "if the offense consists of
   the reproduction or distribution," and substituted "which have a
   total retail value of more than $2,500" for "with a retail value of
   more than $2,500".
     Pub. L. 105-80, substituted "at least 10 copies" for "at last 10
   copies".
     Subsecs. (c) to (e). Pub. L. 105-147, Sec. 2(d)(3), added
   subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
     1992 - Subsec. (b). Pub. L. 102-561, Sec. 1, amended subsec. (b)
   generally. Prior to amendment, subsec. (b) read as follows: "Any
   person who commits an offense under subsection (a) of this section -
       "(1) shall be fined not more than $250,000 or imprisoned for
     not more than five years, or both, if the offense -
         "(A) involves the reproduction or distribution, during any
       one-hundred-and-eighty-day period, of at least one thousand
       phonorecords or copies infringing the copyright in one or more
       sound recordings;
         "(B) involves the reproduction or distribution, during any
       one-hundred-and-eighty-day period, of at least sixty-five
       copies infringing the copyright in one or more motion pictures
       or other audiovisual works; or
         "(C) is a second or subsequent offense under either of
       subsection (b)(1) or (b)(2) of this section, where a prior
       offense involved a sound recording, or a motion picture or
       other audiovisual work;
       "(2) shall be fined not more than $250,000 or imprisoned for
     not more than two years, or both, if the offense -
         "(A) involves the reproduction or distribution, during any
       one-hundred-and-eighty-day period, of more than one hundred but
       less than one thousand phonorecords or copies infringing the
       copyright in one or more sound recordings; or
         "(B) involves the reproduction or distribution, during any
       one-hundred-and-eighty-day period, of more than seven but less
       than sixty-five copies infringing the copyright in one or more
       motion pictures or other audiovisual works; and
       "(3) shall be fined not more than $25,000 or imprisoned for not
     more than one year, or both, in any other case."
     Subsec. (c). Pub. L. 102-561, Sec. 2, substituted " 'phonorecord'
   " for " 'sound recording', 'motion picture', 'audiovisual work',
   'phonorecord'," in par. (1) and "120" for "118" in par. (2).