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18 U.S.C. § 2311 — Definitions

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

18 U.S.C. § 2311 — Definitions

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Source file: Laws/federal/codes/united-states-code/title-18/section-2311-definitions--c08e972665.md
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Source location: Title 18, Chapter 113, § 2311; chapter-113-stolen-property.md

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

28 U.S.C. § 994 — Duties of the Commission

**(a)** The Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of any Federal statute shall promulgate and distribute to all courts of the United States and to the United States Probation System— (1) guidelines, as described in this section, for use of a sentencing court in determining the sentence to be imposed in a criminal case, including— (A) a determination whether to impose a sentence to probation, a fine, or a term of imprisonment; (B) a determination as to the appropriate amount of a fine or the appropriate length of a term of probation or a term of imprisonment; (C) a determination whether a sentence to a term of imprisonment should include a requirement that the defendant be placed on a term of supervised release after imprisonment, and, if so, the appropriate length of such a term; (D) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively; and (E) a determination under paragraphs (6) and (11) 11 See References in Text note below. of [section 3563(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3563/b&num=0&edition=prelim); (2) general policy statements regarding application of the guidelines or any other aspect of sentencing or sentence implementation that in the view of the Commission would further the purposes set forth in [section 3553(a)(2) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3553/a/2&num=0&edition=prelim), United States Code, including the appropriate use of— (A) the sanctions set forth in sections 3554, 3555, and 3556 of title 18; (B) the conditions of proba

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

18 U.S.C. § 2318 — Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging

**(a)** (1) 11 So in original. No par. (2) has been enacted. Whoever, in any of the circumstances described in subsection (c), knowingly traffics in— (A) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany— (i) a phonorecord; (ii) a copy of a computer program; (iii) a copy of a motion picture or other audiovisual work; (iv) a copy of a literary work; (v) a copy of a pictorial, graphic, or sculptural work; (vi) a work of visual art; or (vii) documentation or packaging; or (B) counterfeit documentation or packaging, shall be fined under this title or imprisoned for not more than 5 years, or both. **(b)** As used in this section— (1) the term “counterfeit label” means an identifying label or container that appears to be genuine, but is not; (2) the term “traffic” has the same meaning as in [section 2320(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2320/f&num=0&edition=prelim); (3) the terms “copy”, “phonorecord”, “motion picture”, “computer program”, “audiovisual work”, “literary work”, “pictorial, graphic, or sculptural work”, “sound recording”, “work of visual art”, and “copyright owner” have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17; (4) the term “illicit label” means a genuine certificate, licensing document, registration card, or similar labeling component— (A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging

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

18 U.S.C. § 10 — Interstate commerce and foreign commerce defined

The term “interstate commerce”, as used in this title, includes commerce between one State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia.

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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. § 2319 — Criminal infringement of a copyright

**(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

15 U.S.C. § 1901 — Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379

### Statutory Notes Section 2021, Pub. L. 92–513, title VI, § 601, as added Pub. L. 98–547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2755; amended Pub. L. 102–519, title III, § 301, Oct. 25, 1992, 106 Stat. 3393, defined terms for purposes of this subchapter. See [section 33101 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33101&num=0&edition=prelim), Transportation. Section 2022, Pub. L. 92–513, title VI, § 602, as added Pub. L. 98–547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2756; amended Pub. L. 102–519, title III, §§ 302, 306(a), Oct. 25, 1992, 106 Stat. 3394, 3397, related to theft prevention standard. See sections 33102 to 33104 of Title 49. Section 2023, Pub. L. 92–513, title VI, § 603, as added Pub. L. 98–547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2757; amended Pub. L. 102–519, title III, § 303, Oct. 25, 1992, 106 Stat. 3395, related to designation of high theft vehicle lines and parts. See [section 33104 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33104&num=0&edition=prelim). Section 2024, Pub. L. 92–513, title VI, § 604, as added Pub. L. 98–547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2758, prescribed limitation on cost to manufacturer for compliance with [section 2022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2022&num=0&edition=prelim). See [section 33105 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33105&num=0&edition=prelim). Section 2025, Pub. L. 92–513, title VI, § 605, as added Pub. L. 98–547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2759; amended Pub. L. 102–519, title III, § 304, Oct. 25, 1992, 106 Stat. 3396, related to exemption from [section 2022 of th

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

17 U.S.C. § 603 — Importation prohibitions: Enforcement and disposition of excluded articles

**(a)** The Secretary of the Treasury and the United States Postal Service shall separately or jointly make regulations for the enforcement of the provisions of this title prohibiting importation. **(b)** These regulations may require, as a condition for the exclusion of articles under section 602— (1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or (2) that the person seeking exclusion furnish proof, of a specified nature and in accordance with prescribed procedures, that the copyright in which such person claims an interest is valid and that the importation would violate the prohibition in section 602; the person seeking exclusion may also be required to post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified. **(c)** Articles imported in violation of the importation prohibitions of this title are subject to seizure and forfeiture in the same manner as property imported in violation of the customs revenue laws. Forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be.

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

19 U.S.C. § 1646b — Random customs inspections for stolen automobiles being exported

The Commissioner of U.S. Customs and Border Protection shall direct customs officers to conduct at random inspections of automobiles, and of shipping containers that may contain automobiles that are being exported, for purposes of determining whether such automobiles were stolen.

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

19 U.S.C. § 1627 — Repealed. Pub. L. 100–690, title VII, § 7367(c)(6), Nov. 18, 1988, 102 Stat. 4480

### Statutory Notes Section, act June 17, 1930, ch. 497, title IV, § 627, as added Oct. 25, 1984, Pub. L. 98–547, title III, § 302, 98 Stat. 2771, related to unlawful importation or exportation of certain vehicles and equipment. Another section 627 of act June 17, 1930, as added by Pub. L. 98–573, title II, § 205, Oct. 30, 1984, 98 Stat. 2974, is classified to [section 1627a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1627a&num=0&edition=prelim).

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

28 U.S.C. § 1498 — Patent and copyright cases

**(a)** Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner’s remedy shall be by action against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation for such use and manufacture. Reasonable and entire compensation shall include the owner’s reasonable costs, including reasonable fees for expert witnesses and attorneys, in pursuing the action if the owner is an independent inventor, a nonprofit organization, or an entity that had no more than 500 employees at any time during the 5-year period preceding the use or manufacture of the patented invention by or for the United States. Nothwithstanding 11 So in original. Probably should be “Notwithstanding”. the preceding sentences, unless the action has been pending for more than 10 years from the time of filing to the time that the owner applies for such costs and fees, reasonable and entire compensation shall not include such costs and fees if the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States. The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in t

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