18 U.S.C. § 2319 : US Code - Section 2319: Criminal infringement of a copyright

Search 18 U.S.C. § 2319 : US Code - Section 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 -
(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
second or subsequent offense under paragraph (1); 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
second or subsequent offense under paragraph (1); 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 second or subsequent offense;
and
(4) shall be imprisoned not more than 10 years, fined under
this title, or both, if the offense 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.