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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).