Notes on 18 U.S.C. § 2318 : US Code - Notes

Search Notes on 18 U.S.C. § 2318 : US Code - Notes

(Added Pub. L. 87-773, Sec. 1, Oct. 9, 1962, 76 Stat. 775; amended
Pub. L. 93-573, title I, Sec. 103, Dec. 31, 1974, 88 Stat. 1873;
Pub. L. 94-553, title I, Sec. 111, Oct. 19, 1976, 90 Stat. 2600;
Pub. L. 97-180, Sec. 2, May 24, 1982, 96 Stat. 91; Pub. L. 101-647,
title XXXV, Sec. 3567, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 103-
272, Sec. 5(e)(10), July 5, 1994, 108 Stat. 1374; Pub. L. 103-322,
title XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 2148;
Pub. L. 104-153, Sec. 4(a), (b)(1), July 2, 1996, 110 Stat. 1386,
1387; Pub. L. 108-482, title I, Sec. 102(a), (b), Dec. 23, 2004,
118 Stat. 3912, 3914.)
AMENDMENTS
2004 - Pub. L. 108-482, Sec. 102(a)(1), substituted "Trafficking
in counterfeit labels, illicit labels, or counterfeit documentation
or packaging" for "Trafficking in counterfeit labels for
phonorecords, copies of computer programs or computer program
documentation or packaging, and copies of motion pictures or other
audio visual works, and trafficking in counterfeit computer program
documentation or packaging" in section catchline.
Subsec. (a). Pub. L. 108-482, Sec. 102(a)(2), added subsec. (a)
and struck out former subsec. (a) which read as follows: "Whoever,
in any of the circumstances described in subsection (c) of this
section, knowingly traffics in a counterfeit label affixed or
designed to be affixed to a phonorecord, or a copy of a computer
program or documentation or packaging for a computer program, or a
copy of a motion picture or other audiovisual work, and whoever, in
any of the circumstances described in subsection (c) of this
section, knowingly traffics in counterfeit documentation or
packaging for a computer program, shall be fined under this title
or imprisoned for not more than five years, or both."
Subsec. (b)(2). Pub. L. 108-482, Sec. 102(a)(3)(A), struck out
"and" after the semicolon at end.
Subsec. (b)(3). Pub. L. 108-482, Sec. 102(a)(3)(B), substituted "
'audiovisual work', 'literary work', 'pictorial, graphic, or
sculptural work', 'sound recording', 'work of visual art', and
'copyright owner' have" for "and 'audiovisual work' have" and a
semicolon for the period at end.
Subsec. (b)(4) to (6). Pub. L. 108-482, Sec. 102(a)(3)(C), added
pars. (4) to (6).
Subsec. (c)(3). Pub. L. 108-482, Sec. 102(a)(4)(A), added par.
(3) and struck former par. (3) which read as follows: "the
counterfeit label is affixed to or encloses, or is designed to be
affixed to or enclose, a copy of a copyrighted computer program or
copyrighted documentation or packaging for a computer program, a
copyrighted motion picture or other audiovisual work, or a
phonorecord of a copyrighted sound recording; or".
Subsec. (c)(4). Pub. L. 108-482, Sec. 102(a)(4)(B), struck out
"for a computer program" after "packaging".
Subsec. (d). Pub. L. 108-482, Sec. 102(a)(5), inserted "or
illicit labels" after "counterfeit labels" in two places and
inserted ", and of any equipment, device, or material used to
manufacture, reproduce, or assemble the counterfeit labels or
illicit labels" before period at end.
Subsec. (f). Pub. L. 108-482, Sec. 102(b), added subsec. (f).
1996 - Pub. L. 104-153, Sec. 4(b)(1), substituted "Trafficking in
counterfeit labels for phonorecords, copies of computer programs or
computer program documentation or packaging, and copies of motion
pictures or other audio visual works, and trafficking in
counterfeit computer program documentation or packaging" for
"Trafficking in counterfeit labels for phonorecords and copies of
motion pictures or other audiovisual works" in section catchline.
Subsec. (a). Pub. L. 104-153, Sec. 4(a)(1), substituted "a
computer program or documentation or packaging for a computer
program, or a copy of a motion picture or other audiovisual work,
and whoever, in any of the circumstances described in subsection
(c) of this section, knowingly traffics in counterfeit
documentation or packaging for a computer program," for "a motion
picture or other audiovisual work,".
Subsec. (b)(3). Pub. L. 104-153, Sec. 4(a)(2), inserted "
'computer program'," after " 'motion picture',".
Subsec. (c)(2). Pub. L. 104-153, Sec. 4(a)(3)(A), struck out "or"
at end.
Subsec. (c)(3). Pub. L. 104-153, Sec. 4(a)(3)(B), inserted "a
copy of a copyrighted computer program or copyrighted documentation
or packaging for a computer program," after "enclose," and
substituted "; or" for period at end.
Subsec. (c)(4). Pub. L. 104-153, Sec. 4(a)(3)(C), added par. (4).
1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
title" for "fined not more than $250,000".
Subsec. (c)(1). Pub. L. 103-272 substituted "section 46501 of
title 49" for "section 101 of the Federal Aviation Act of 1958".
1990 - Pub. L. 101-647 struck out comma after "phonorecords" in
section catchline.
1982 - Pub. L. 97-180 substituted "Trafficking in counterfeit
labels for phonorecords, and copies of motion pictures or other
audiovisual works" for "Transportation, sale or receipt of
phonograph records bearing forged or counterfeit labels" in section
catchline.
Subsec. (a). Pub. L. 97-180 substituted provision that violators
of this section shall be fined not more than $250,000 or imprisoned
for not more than five years or both for provision that whoever
knowingly and with fraudulent intent transported, caused to be
transported, received, sold, or offered for sale in interstate or
foreign commerce any phonograph record, disk, wire, tape, film, or
other article on which sounds were recorded, to which or upon which
was stamped, pasted, or affixed any forged or counterfeited label,
knowing the label to have been falsely made, forged, or
counterfeited would be fined not more than $10,000 or imprisoned
for not more than one year, or both, for the first such offense and
would be fined not more than $25,000 or imprisoned for not more
than two years, or both, for any subsequent offense.
Subsecs. (b) to (e). Pub. L. 97-180 added subsecs. (b) and (c),
redesignated former subsecs. (b) and (c) as (d) and (e),
respectively, and in subsec. (d) as so redesignated struck out the
comma after "judgment of conviction shall".
1976 - Pub. L. 94-553 designated existing provisions as subsec.
(a) and substituted "$10,000" for "$25,000" and "$25,000" for
"$50,000", and added subsecs. (b) and (c).
1974 - Pub. L. 93-573 substituted "not more than $25,000 or
imprisoned for not more than one year, or both, for the first
offense and shall be fined not more than $50,000 or imprisoned not
more than 2 years, or both, for any subsequent offense" for "not
more than $1,000 or imprisoned not more than one year or both".
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section
102 of Pub. L. 94-553, set out as a note preceding section 101 of
Title 17, Copyrights.
OTHER RIGHTS NOT AFFECTED BY ANTI-COUNTERFEITING PROVISIONS
Pub. L. 108-482, title I, Sec. 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 sections 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, registration card, similar
labeling component, 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; and
"(B) in the case of a civil action under section 2318(f) 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, licensing document, registration
card, similar labeling component, 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."
(!1) So in original. Probably should be "this subsection".