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18 U.S.C. § 2319 — Criminal infringement of a copyright

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2319 — Criminal infringement of a copyright

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Source file: Laws/federal/codes/united-states-code/title-18/section-2319-criminal-infringement-of-a-copyright--0e42cdedc5.md
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Source location: Title 18, Chapter 113, § 2319; chapter-113-stolen-property.md

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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506/a/1/C&num=0&edition=prelim)— (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim); and (4) the term “work being prepared for commercial distribution” has the meaning given the term in [section 506(a) of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 101 — Definitions

Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 109 — Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord

**(a)** Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. Notwithstanding the preceding sentence, copies or phonorecords of works subject to restored copyright under section 104A that are manufactured before the date of restoration of copyright or, with respect to reliance parties, before publication or service of notice under section 104A(e), may be sold or otherwise disposed of without the authorization of the owner of the restored copyright for purposes of direct or indirect commercial advantage only during the 12-month period beginning on— (1) the date of the publication in the Federal Register of the notice of intent filed with the Copyright Office under section 104A(d)(2)(A), or (2) the date of the receipt of actual notice served under section 104A(d)(2)(B), whichever occurs first. **(b)** (1) (A) Notwithstanding the provisions of subsection (a), unless authorized by the owners of copyright in the sound recording or the owner of copyright in a computer program (including any tape, disk, or other medium embodying such program), and in the case of a sound recording in the musical works embodied therein, neither the owner of a particular phonorecord nor any person in possession of a particular copy of a computer program (including any tape, disk, or other medium embodying such program), may, for the purposes of direct or indirect commercial advantage, dispose of, or authorize the disposal of, the possession of that phonorecord or computer program (including any tape, disk, or other medium embodying such program)

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 119 — Limitations on exclusive rights: Secondary transmissions of distant television programming by satellite

**(a) Secondary Transmissions by Satellite Carriers.—** (1) **Non-network stations.—** — Subject to the provisions of paragraphs (3), (4), and (6) of this subsection and section 114(d), secondary transmissions of a performance or display of a work embodied in a primary transmission made by a non-network station shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing or for viewing in a commercial establishment, with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals, and the carrier makes a direct or indirect charge for each retransmission service to each subscriber receiving the secondary transmission or to a distributor that has contracted with the carrier for direct or indirect delivery of the secondary transmission to the public for private home viewing or for viewing in a commercial establishment. (2) **Network stations.—** (A) *In general.—* — Subject to the provisions of subparagraph (B) of this paragraph and paragraphs (3), (4), (5), and (6) of this subsection and section 114(d), secondary transmissions of a performance or display of a work embodied in a primary transmission made by a network station shall be subject to statutory licensing under this section if the secondary transmission is made by a satellite carrier to the public for private home viewing, with regard to secondary transmissions the satellite carrier is in compliance with the rules, regulations, or authorizations of the Federal Communications Commission governing the carriage of television broadcast station signals, the

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 506 — Criminal offenses

**(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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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2311 — Definitions

As used in this chapter:

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2320 — Trafficking in counterfeit goods or services

**(a) Offenses.—** Whoever intentionally— (1) traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services, (2) traffics in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, (3) traffics in goods or services knowing that such good or service is a counterfeit military good or service the use, malfunction, or failure of which is likely to cause serious bodily injury or death, the disclosure of classified information, impairment of combat operations, or other significant harm to a combat operation, a member of the Armed Forces, or to national security, or (4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug, or attempts or conspires to violate any of paragraphs (1) through (4) shall be punished as provided in subsection (b). **(b) Penalties.—** (1) **In general.—** — Whoever commits an offense under subsection (a)— (A) if an individual, shall be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, shall be fined not more than $5,000,000; and (B) for a second or subsequent offense under subsection (a), if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000. (2) **Serious bodily injury or death.—** (A) *Serious bodily injury.—* — Whoever knowingly or recklessly causes or attempts to cause serious bodily injury from conduct i

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 80302 — Prohibitions

**(a) Definition.—** In this section, “contraband” means— (1) a narcotic drug (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim))), including marihuana (as defined in section 102 of that Act ([21 U.S.C. 802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim))), that— (A) is possessed with intent to sell or offer for sale in violation of the laws and regulations of the United States; (B) is acquired, possessed, sold, transferred, or offered for sale in violation of those laws; (C) is acquired by theft, robbery, or burglary and transported— (i) in the District of Columbia or a territory or possession of the United States; or (ii) from a place in a State, the District of Columbia, or a territory or possession of the United States, to a place in another State, the District of Columbia, or a territory or possession; or (D) does not bear tax-paid internal revenue stamps required by those laws or regulations; (2) a firearm involved in a violation of chapter 53 of the Internal Revenue Code of 1986 ([26 U.S.C. 5801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5801&num=0&edition=prelim) et seq.); (3) a forged, altered, or counterfeit— (A) coin or an obligation or other security of the United States Government (as defined in [section 8 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section8&num=0&edition=prelim)); or (B) coin, obligation, or other security of the government of a foreign country; (4) material or equipment used, or intended to be used, in making a coin, obliga

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2319 — Criminal infringement of a copyright

Page 577 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2319 OTHER RIGHTS NOT AFFECTED BY ANTI-COUNTERFEITING PROVISIONS Pub. L. 108–482, title I, § 103, Dec. 23, 2004, 118 Stat. 3915, provided that: ‘‘(a) CHAPTERS 5 AND 12 OF TITLE 17; ELECTRONIC TRANSMISSIONS.—The amendments made by this title [amending this section]— ‘‘(1) shall not enlarge, diminish, or otherwise affect any liability or limitations on liability under sec- tions 512, 1201 or 1202 of title 17, United States Code; and ‘‘(2) shall not be construed to apply— ‘‘(A) in any case, to the electronic transmission of a genuine certificate, licensing document, registra- tion card, similar labeling component, or docu- mentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title; and ‘‘(B) in the case of a civil action under section 2318(f) [now 2318(e)] of title 18, United States Code, to the electronic transmission of a counterfeit label or counterfeit documentation or packaging defined in paragraph (1) or (6) of section 2318(b) of title 18, United States Code. ‘‘(b) FAIR USE.—The amendments made by this title shall not affect the fair use, under section 107 of title 17, United States Code, of a genuine certificate, licens- ing document, registration card, similar labeling com- ponent, or documentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title.’’ § 2319. Criminal infringement of a copyright (a) Any person who violates section 506(a) (re- lating 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) An

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