18 U.S.C. § 2319A : US Code - Section 2319A: Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances

Search 18 U.S.C. § 2319A : US Code - Section 2319A: Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances

(a) Offense. - Whoever, without the consent of the performer or
performers involved, knowingly and for purposes of commercial
advantage or private financial gain -
(1) fixes the sounds or sounds and images of a live musical
performance in a copy or phonorecord, or reproduces copies or
phonorecords of such a performance from an unauthorized fixation;
(2) transmits or otherwise communicates to the public the
sounds or sounds and images of a live musical performance; or
(3) distributes or offers to distribute, sells or offers to
sell, rents or offers to rent, or traffics in any copy or
phonorecord fixed as described in paragraph (1), regardless of
whether the fixations occurred in the United States;
shall be imprisoned for not more than 5 years or fined in the
amount set forth in this title, or both, or if the offense is a
second or subsequent offense, shall be imprisoned for not more than
10 years or fined in the amount set forth in this title, or both.
(b) Forfeiture and Destruction. - When a person is convicted of a
violation of subsection (a), the court shall order the forfeiture
and destruction of any copies or phonorecords created in violation
thereof, as well as any plates, molds, matrices, masters, tapes,
and film negatives by means of which such copies or phonorecords
may be made. The court may also, in its discretion, order the
forfeiture and destruction of any other equipment by means of which
such copies or phonorecords may be reproduced, taking into account
the nature, scope, and proportionality of the use of the equipment
in the offense.
(c) Seizure and Forfeiture. - If copies or phonorecords of sounds
or sounds and images of a live musical performance are fixed
outside of the United States without the consent of the performer
or performers involved, such copies or phonorecords are subject to
seizure and forfeiture in the United States in the same manner as
property imported in violation of the customs laws. The Secretary
of the Treasury shall, not later than 60 days after the date of the
enactment of the Uruguay Round Agreements Act, issue regulations to
carry out this subsection, including regulations by which any
performer may, upon payment of a specified fee, be entitled to
notification by the United States Customs Service of the
importation of copies or phonorecords that appear to consist of
unauthorized fixations of the sounds or sounds and images of a live
musical performance.
(d) Victim Impact Statement. - (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.
(e) Definitions. - As used in this section -
(1) the terms "copy", "fixed", "musical work", "phonorecord",
"reproduce", "sound recordings", and "transmit" mean those terms
within the meaning of title 17; and
(2) the term "traffic in" means transport, transfer, or
otherwise dispose of, to another, as consideration for anything
of value, or make or obtain control of with intent to transport,
transfer, or dispose of.
(f) Applicability. - This section shall apply to any Act or Acts
that occur on or after the date of the enactment of the Uruguay
Round Agreements Act.