Notes on 17 U.S.C. § 506 : US Code - Notes

Search Notes on 17 U.S.C. § 506 : US Code - Notes

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2586;
Pub. L. 97-180, Sec. 5, May 24, 1982, 96 Stat. 93; Pub. L. 101-650,
title VI, Sec. 606(b), Dec. 1, 1990, 104 Stat. 5131; Pub. L. 105-
147, Sec. 2(b), Dec. 16, 1997, 111 Stat. 2678; Pub. L. 109-9,
title I, Sec. 103(a), Apr. 27, 2005, 119 Stat. 220.)
HISTORICAL AND REVISION NOTES
HOUSE REPORT NO. 94-1476
Four types of criminal offenses actionable under the bill are
listed in section 506: willful infringement for profit, fraudulent
use of a copyright notice, fraudulent removal of notice, and false
representation in connection with a copyright application. The
maximum fine on conviction has been increased to $10,000 and, in
conformity with the general pattern of the Criminal Code (18
U.S.C.), no minimum fines have been provided. In addition to or
instead of a fine, conviction for criminal infringement under
section 506(a) can carry with it a sentence of imprisonment of up
to one year. Section 506(b) deals with seizure, forfeiture, and
destruction of material involved in cases of criminal infringement.
Section 506(a) contains a special provision applying to any
person who infringes willfully and for purposes of commercial
advantage the copyright in a sound recording or a motion picture.
For the first such offense a person shall be fined not more than
$25,000 or imprisoned for not more than one year, or both. For any
subsequent offense a person shall be fined not more than $50,000 or
imprisoned not more than two years, or both.
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-9 reenacted heading without
change and amended text generally. Prior to amendment, text read as
follows: "Any person who infringes a copyright willfully either -
"(1) for purposes of commercial advantage or private financial
gain, or
"(2) 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,
shall be punished as provided under section 2319 of title 18,
United States Code. For purposes of this subsection, evidence of
reproduction or distribution of a copyrighted work, by itself,
shall not be sufficient to establish willful infringement."
1997 - Subsec. (a). Pub. L. 105-147 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows:
"(a) Criminal Infringement. - Any person who infringes a
copyright willfully and for purposes of commercial advantage or
private financial gain shall be punished as provided in section
2319 of title 18."
1990 - Subsec. (f). Pub. L. 101-650 added subsec. (f).
1982 - Subsec. (a). Pub. L. 97-180 substituted "shall be punished
as provided in section 2319 of title 18" for "shall be fined not
more than $10,000 or imprisoned for not more than one year, or
both: Provided, however, That any person who infringes willfully
and for purposes of commercial advantage or private financial gain
the copyright in a sound recording afforded by subsections (1),
(2), or (3) of section 106 or the copyright in a motion picture
afforded by subsections (1), (3), or (4) of section 106 shall be
fined not more than $25,000 or imprisoned for not more than one
year, or both, for the first such offense and shall be fined not
more than $50,000 or imprisoned for not more than two years, or
both, for any subsequent offense".
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-650 effective 6 months after Dec. 1,
1990, see section 610 of Pub. L. 101-650, set out as an Effective
Date note under section 106A of this title.
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