Notes on 18 U.S.C. § 2319 : US Code - Notes

Search Notes on 18 U.S.C. § 2319 : US Code - Notes

(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.)
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
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).