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
      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.