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