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17 U.S.C. § 506 — Criminal offenses
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal Infringement.—**
(1) **In general.—** — Any person who willfully infringes a copyright shall be punished as provided under [section 2319 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2319&num=0&edition=prelim), if the infringement was committed—
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180–day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.
(2) **Evidence.—** — For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.
(3) **Definition.—** — In this subsection, the term “work being prepared for commercial distribution” means—
(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution—
(i) the copyright owner has a reasonable expectation of commercial distribution; and
(ii) the copies or phonorecords of the work have not been commercially distributed; or
(B) a motion picture, if, at the time of unauthorized distribution, the motion picture—
(i) has been made available for viewing in a motion picture exhibition facility; and
(ii) has not been made available in copies for sale to the general public in the United States in a f
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Source location: Title 17, Chapter 5, § 506; chapter-005-copyright-infringement-and-remedies.md
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**(a) Criminal Infringement.—**
(1) **In general.—** — Any person who willfully infringes a copyright shall be punished as provided under [section 2319 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2319&num=0&edition=prelim), if the infringement was committed—
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180–day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.
(2) **Evidence.—** — For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.
(3) **Definition.—** — In this subsection, the term “work being prepared for commercial distribution” means—
(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution—
(i) the copyright owner has a reasonable expectation of commercial distribution; and
(ii) the copies or phonorecords of the work have not been commercially distributed; or
(B) a motion picture, if, at the time of unauthorized distribution, the motion picture—
(i) has been made available for viewing in a motion picture exhibition facility; and
(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.
**(b) Forfeiture, Destruction, and Restitution.—** Forfeiture, destruction, and restitution relating to this section shall be subject to [section 2323 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2323&num=0&edition=prelim), to the extent provided in that section, in addition to any other similar remedies provided by law.
**(c) Fraudulent Copyright Notice.—** Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.
**(d) Fraudulent Removal of Copyright Notice.—** Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.
**(e) False Representation.—** Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.
**(f) Rights of Attribution and Integrity.—** Nothing in this section applies to infringement of the rights conferred by section 106A(a).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil Forfeiture.—**
(1) **Property subject to forfeiture.—** — The following property is subject to forfeiture to the United States Government:
(A) Any article, the making or trafficking of which is, prohibited under [section 506 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506&num=0&edition=prelim), or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title.
(B) Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A).
(C) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of an offense referred to in subparagraph (A).
(2) **Procedures.—** — The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the forfeiture proceedings, unless otherwise requested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law.
**(b) Criminal Forfeiture.—**
(1) **Property subject to forfeiture.—** — The court, in imposing sentence on a person convicted of an offense under [section 506 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506&num=0&edition=
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2323
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506/a/1/A&num=0&edition=prelim)—
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506/a/1/B&num=0&edition=prelim)—
(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 imp
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Importation, removal, etc. contrary to laws of United States** Except as specified in subsection (b) or (c) of [section 1594 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1594&num=0&edition=prelim), every vessel, vehicle, animal, aircraft, or other thing used in, to aid in, or to facilitate, by obtaining information or in any other way, the importation, bringing in, unlading, landing, removal, concealing, harboring, or subsequent transportation of any article which is being or has been introduced, or attempted to be introduced, into the United States contrary to law, whether upon such vessel, vehicle, animal, aircraft, or other thing or otherwise, may be seized and forfeited together with its tackle, apparel, furniture, harness, or equipment.
**(b) Penalty for aiding unlawful importation** Every person who directs, assists financially or otherwise, or is in any way concerned in any unlawful activity mentioned in the preceding subsection shall be liable to a penalty equal to the value of the article or articles introduced or attempted to be introduced.
**(c) Merchandise introduced contrary to law** Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows:
(1) The merchandise shall be seized and forfeited if it—
(A) is stolen, smuggled, or clandestinely imported or introduced;
(B) is a controlled substance, as defined in the Controlled Substances Act ([21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) et seq.), and is not imported in accordance with applicable law;
(C) is a contraband article, as defined in [section 80302 of title 49](https://uscode.house.gov/view.xhtml?req
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Federal law — U.S. Code and appendices · legal_authorities
Page 171
TITLE 17—COPYRIGHTS
§ 506
2. Although, as explained below, an award of min-
imum statutory damages may be multiplied if sepa-
rate works and separately liable infringers are in-
volved in the suit, a single award in the $250 to $10,000
range is to be made ‘‘for all infringements involved in
the action.’’ A single infringer of a single work is lia-
ble for a single amount between $250 and $10,000, no
matter how many acts of infringement are involved
in the action and regardless of whether the acts were
separate, isolated, or occurred in a related series.
3. Where the suit involves infringement of more
than one separate and independent work, minimum
statutory damages for each work must be awarded.
For example, if one defendant has infringed three
copyrighted works, the copyright owner is entitled to
statutory damages of at least $750 and may be award-
ed up to $30,000. Subsection (c)(1) makes clear, how-
ever, that, although they are regarded as independent
works for other purposes, ‘‘all the parts of a compila-
tion or derivative work constitute one work’’ for this
purpose. Moreover, although the minimum and max-
imum amounts are to be multiplied where multiple
‘‘works’’ are involved in the suit, the same is not true
with respect to multiple copyrights, multiple owners,
multiple exclusive rights, or multiple registrations.
This point is especially important since, under a
scheme of divisible copyright, it is possible to have
the rights of a number of owners of separate ‘‘copy-
rights’’ in a single ‘‘work’’ infringed by one act of a
defendant.
4. Where the infringements of one work were com-
mitted by a single infringer acting individually, a
single award of statutory damages would be made.
Similarly, where the work was infringed by two or
Source: Supplied 2024 U.S. Code historical extraction · 17 U.S.C. § 506
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