§ 2318. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging

Footnotes

1. 1 So in original. No par. (2) has been enacted.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1962

   Pub. L. 87–773 § 1 · 76 Stat. 775

   Enacted · 18 U.S.C. § 2318

   Added Pub. L. 87–773, § 1, Oct. 9, 1962, 76 Stat. 775

   Source evidence

   Code source credit
   Added Pub. L. 87–773, § 1, Oct. 9, 1962, 76 Stat. 775

2. 1974

   Pub. L. 93–573 title I § 103 · 88 Stat. 1873

   Substituted · 18 U.S.C. § 2318

   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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 103. Section 2318 of title 18, United States Code, is amended by striking out all after “fined” and inserting in lieu thereof “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 two years, or both, for any subsequent offense.”.

3. 1976

   Pub. L. 94–553 title I § 111 · 90 Stat. 2541

   1. Amended · 18 U.S.C. § 2318

      Pub. L. 94–553 designated existing provisions as subsec. (a)

   2. Substituted · 18 U.S.C. § 2318

      Pub. L. 94–553 substituted “$10,000” for “$25,000”

   3. Substituted · 18 U.S.C. § 2318

      Pub. L. 94–553 substituted “$25,000” for “$50,000”

   4. Added · 18 U.S.C. § 2318

      Pub. L. 94–553 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   Sec. 111. Section 2318 of title 18 of the United States Code is amended to read as follows: “§ 2318. Transportation, sale or receipt of phonograph records bearing forged or counterfeit labels “(a) Whoever knowingly and with fraudulent intent transports, causes to be transported, receives, sells, or offers for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds are recorded, to which or upon which is stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counterfeited shall be fined not more than $10,060 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more than $25,000 or imprisoned for not more than two years, or both, for any subsequent offense. “(b) When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels and all articles to which counterfeit labels have been affixed or which were intended to have had such labels affixed.”. “(c) Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).”.

   Effective date note
   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.

4. 1982

   Piracy and Counterfeiting Amendments Act of 1982

   Pub. L. 97–180 § 2 · 96 Stat. 91

   Substituted · 18 U.S.C. § 2318

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 2. Section 2318 of title 18, United States Code, is amended to read as follows: “§ 2318. Trafficking in counterfeit labels for phonorecords, and copies of motion pictures or other audiovisual works “(a) 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 motion picture or other audiovisual work, shall be fined not more than $250,000 or imprisoned for not more than five years, or both. “(b) As used in this section— Definitions. “(1) the term ‘counterfeit label’ means an identifying label or container that appears to be genuine, but is not; “(2) the term ‘traffic’ means to transport, transfer or otherwise dispose of, to another, as consideration for anything of value or to make or obtain control of with intent to so transport, transfer or dispose of; and “(3) the terms ‘copy’, ‘phonorecord’, ‘motion picture’, and ‘audiovisual work’ have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17. “(c) The circumstances referred to in subsection (a) of this section are— “(1) the offense is committed within the special maritime and territorial jurisdiction of the United States; or within the special aircraft jurisdiction of the United States (as defined in section 101 of the Federal Aviation Act of 1958); 49 USC 1301. “(2) the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense; or “(3) the counterfeit label is affixed to or encloses, or is designed to be affixed to or enclose, a copyrighted motion picture or other audiovisual work, or a phonorecord of a copyrighted sound recording. “(d) When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels and all articles to which counterfeit labels have been affixed or which were intended to have had such labels affixed. “(e) Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).”.

5. 1982

   Piracy and Counterfeiting Amendments Act of 1982

   Pub. L. 97–180 § 2 · 96 Stat. 91

   Substituted · 18 U.S.C. § 2318(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 2. Section 2318 of title 18, United States Code, is amended to read as follows: “§ 2318. Trafficking in counterfeit labels for phonorecords, and copies of motion pictures or other audiovisual works “(a) 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 motion picture or other audiovisual work, shall be fined not more than $250,000 or imprisoned for not more than five years, or both. “(b) As used in this section— Definitions. “(1) the term ‘counterfeit label’ means an identifying label or container that appears to be genuine, but is not; “(2) the term ‘traffic’ means to transport, transfer or otherwise dispose of, to another, as consideration for anything of value or to make or obtain control of with intent to so transport, transfer or dispose of; and “(3) the terms ‘copy’, ‘phonorecord’, ‘motion picture’, and ‘audiovisual work’ have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17. “(c) The circumstances referred to in subsection (a) of this section are— “(1) the offense is committed within the special maritime and territorial jurisdiction of the United States; or within the special aircraft jurisdiction of the United States (as defined in section 101 of the Federal Aviation Act of 1958); 49 USC 1301. “(2) the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense; or “(3) the counterfeit label is affixed to or encloses, or is designed to be affixed to or enclose, a copyrighted motion picture or other audiovisual work, or a phonorecord of a copyrighted sound recording. “(d) When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels and all articles to which counterfeit labels have been affixed or which were intended to have had such labels affixed. “(e) Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).”.

6. 1982

   Piracy and Counterfeiting Amendments Act of 1982

   Pub. L. 97–180 § 2 · 96 Stat. 91

   1. Added · 18 U.S.C. § 2318(b)(e)

      Pub. L. 97–180 added subsecs. (b) and (c)

   2. Redesignated · 18 U.S.C. § 2318(b)(e)

      Pub. L. 97–180 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 2. Section 2318 of title 18, United States Code, is amended to read as follows: “§ 2318. Trafficking in counterfeit labels for phonorecords, and copies of motion pictures or other audiovisual works “(a) 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 motion picture or other audiovisual work, shall be fined not more than $250,000 or imprisoned for not more than five years, or both. “(b) As used in this section— Definitions. “(1) the term ‘counterfeit label’ means an identifying label or container that appears to be genuine, but is not; “(2) the term ‘traffic’ means to transport, transfer or otherwise dispose of, to another, as consideration for anything of value or to make or obtain control of with intent to so transport, transfer or dispose of; and “(3) the terms ‘copy’, ‘phonorecord’, ‘motion picture’, and ‘audiovisual work’ have, respectively, the meanings given those terms in section 101 (relating to definitions) of title 17. “(c) The circumstances referred to in subsection (a) of this section are— “(1) the offense is committed within the special maritime and territorial jurisdiction of the United States; or within the special aircraft jurisdiction of the United States (as defined in section 101 of the Federal Aviation Act of 1958); 49 USC 1301. “(2) the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense; or “(3) the counterfeit label is affixed to or encloses, or is designed to be affixed to or enclose, a copyrighted motion picture or other audiovisual work, or a phonorecord of a copyrighted sound recording. “(d) When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels and all articles to which counterfeit labels have been affixed or which were intended to have had such labels affixed. “(e) Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).”.

7. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 title XXXV § 3567 · 104 Stat. 4789

   Struck · 18 U.S.C. § 2318

   Pub. L. 101–647 struck out comma after “phonorecords” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 101–647 struck out comma after “phonorecords” in section catchline.

   Enacted provision · exact public law section
   SEC. 3567. CORRECTION OF HEADING OF SECTION 2318. The heading of section 2318 of title 18, United States Code, is amended by striking the comma.

8. 1994

   Pub. L. 103–272 § 5(e)(10) · 108 Stat. 745

   Substituted · 18 U.S.C. § 2318(c)(1)

   Pub. L. 103–272 substituted “section 46501 of title 49” for “section 101 of the Federal Aviation Act of 1958”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 103–272 substituted “section 46501 of title 49” for “section 101 of the Federal Aviation Act of 1958”.

   Enacted provision · exact public law section
   (10) In section 2318(c)(1), strike “section 101 of the Federal Aviation Act of 1958” and substitute “section 46501 of title 49”.

9. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330016(1)(U) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 2318(a)

   Pub. L. 103–322 substituted “fined under this title” for “fined not more than $250,000”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $250,000”.

   Enacted provision · exact public law section
   (U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320, and 2701 by striking “not more than $250,000” and inserting “under this title”;

10. 1996

    Pub. L. 104–153 § 4(b)(1) · 110 Stat. 1386

    Substituted · 18 U.S.C. § 2318

    Pub. L. 104–153, § 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

    Source evidence

    Code amendment note
    Pub. L. 104–153, § 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.

    Enacted provision · exact public law section
    (1) The section caption for section 2318 of title 18, United States Code, is amended to read as follows: “§2318. 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”.

11. 1996

    Pub. L. 104–153 § 4(a)(1) · 110 Stat. 1386

    Substituted · 18 U.S.C. § 2318(a)

    Pub. L. 104–153, § 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,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–153, § 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,”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “a motion picture or other audiovisual work,” and inserting “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,”;

12. 1996

    Pub. L. 104–153 § 4(a)(2) · 110 Stat. 1386

    Inserted · 18 U.S.C. § 2318(b)(3)

    Pub. L. 104–153, § 4(a)(2), inserted “ ‘computer program’,” after “ ‘motion picture’,”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 104–153, § 4(a)(2), inserted “ ‘computer program’,” after “ ‘motion picture’,”.

    Enacted provision · exact public law section
    (2) in subsection (b)(3) by inserting “‘computer program’,” after “‘motion picture’,”; and

13. 1996

    Pub. L. 104–153 § 4(a)(3)(A) · 110 Stat. 1386

    Struck · 18 U.S.C. § 2318(c)(2)

    Pub. L. 104–153, § 4(a)(3)(A), struck out “or” at end

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 104–153, § 4(a)(3)(A), struck out “or” at end.

    Enacted provision · exact public law section
    (A) by striking “or” at the end of paragraph (2);

14. 1996

    Pub. L. 104–153 § 4(a)(3)(B) · 110 Stat. 1386

    1. Inserted · 18 U.S.C. § 2318(c)(3)

       Pub. L. 104–153, § 4(a)(3)(B), inserted “a copy of a copyrighted computer program or copyrighted documentation or packaging for a computer program,” after “enclose,”

    2. Substituted · 18 U.S.C. § 2318(c)(3)

       Pub. L. 104–153, § 4(a)(3)(B), substituted “; or” for period at end

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 104–153, § 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.

    Enacted provision · exact public law section
    (B) in paragraph (3)— (i) by inserting “a copy of a copyrighted computer program or copyrighted documentation or packaging for a computer program,” after “enclose,”; and (ii) by striking the period at the end and inserting “; or”; and

15. 1996

    Pub. L. 104–153 § 4(a)(3)(C) · 110 Stat. 1386

    Added · 18 U.S.C. § 2318(c)(4)

    Pub. L. 104–153, § 4(a)(3)(C), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 104–153, § 4(a)(3)(C), added par. (4).

    Enacted provision · exact public law section
    (C) by adding after paragraph (3) the following:

16. 2004

    Anti-counterfeiting Amendments Act of 2004

    Pub. L. 108–482 § 102(a)(1) · 118 Stat. 3912

    Substituted · 18 U.S.C. § 2318

    Pub. L. 108–482, § 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

    Source evidence

    Code amendment note
    Pub. L. 108–482, § 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.

    Enacted provision · exact public law section
    (1) by striking the section heading and inserting the following: “§ 2318. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging” ;

17. 2004

    Anti-counterfeiting Amendments Act of 2004

    Pub. L. 108–482 § 102(a)(2) · 118 Stat. 3912

    1. Added · 18 U.S.C. § 2318(a)

       Pub. L. 108–482, § 102(a)(2), added subsec. (a)

    2. Struck · 18 U.S.C. § 2318(a)

       Pub. L. 108–482, § 102(a)(2), 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.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–482, § 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.”

    Enacted provision · exact public law section
    (2) by striking subsection (a) and inserting the following: “(a) Whoever, in any of the circumstances described in subsection (c), knowingly traffics in— “(1) a counterfeit label or illicit label affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany— “(A) a phonorecord; “(B) a copy of a computer program; “(C) a copy of a motion picture or other audiovisual work; “(D) a copy of a literary work; “(E) a copy of a pictorial, graphic, or sculptural work; “(F) a work of visual art; or “(G) documentation or packaging; or “(2) counterfeit documentation or packaging, shall be fined under this title or imprisoned for not more than 5 years, or both.” ;

18. 2004

    Anti-counterfeiting Amendments Act of 2004

    Pub. L. 108–482 § 102(a)(3)(A) · 118 Stat. 3912

    Struck · 18 U.S.C. § 2318(b)(2)

    Pub. L. 108–482, § 102(a)(3)(A), struck out “and” after the semicolon at end

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–482, § 102(a)(3)(A), struck out “and” after the semicolon at end.

    Enacted provision · exact public law section
    (A) in paragraph (2), by striking “and” after the semicolon;

19. 2004

    Anti-counterfeiting Amendments Act of 2004

    Pub. L. 108–482 § 102(a)(3)(B) · 118 Stat. 3912

    Substituted · 18 U.S.C. § 2318(b)(3)

    Pub. L. 108–482, § 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

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 108–482, § 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.

    Enacted provision · exact public law section
    (B) in paragraph (3)— (i) by striking “and ‘audiovisual work’ have” and inserting the following: “ ‘audiovisual work’, ‘literary work’, ‘pictorial, graphic, or sculptural work’, ‘sound recording’, ‘work of visual art’, and ‘copyright owner’ have”; and (ii) by striking the period at the end and inserting a semicolon; and

20. 2004

    Anti-counterfeiting Amendments Act of 2004

    Pub. L. 108–482 § 102(a)(3)(C) · 118 Stat. 3912

    Added · 18 U.S.C. § 2318(b)(4)(6)

    Pub. L. 108–482, § 102(a)(3)(C), added pars. (4) to (6)

    Source evidence

    Code amendment note
    Subsec. (b)(4) to (6). Pub. L. 108–482, § 102(a)(3)(C), added pars. (4) to (6).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(4) the term ‘illicit label’ means a genuine certificate, licensing document, registration card, or similar labeling component— “(A) that is used by the copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, a copy of a literary work, a copy of a pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging is not counterfeit or infringing of any copyright; and “(B) that is, without the authorization of the copyright owner— “(i) distributed or intended for distribution not in connection with the copy, phonorecord, or work of visual art to which such labeling component was intended to be affixed by the respective copyright owner; or “(ii) in connection with a genuine certificate or licensing document, knowingly falsified in order to designate a higher number of licensed users or copies than authorized by the copyright owner, unless that certificate or document is used by the copyright owner solely for the purpose of monitoring or tracking the copyright owner’s distribution channel and not for the purpose of verifying that a copy or phonorecord is noninfringing; “(5) the term ‘documentation or packaging’ means documentation or packaging, in physical form, for a phonorecord, copy of a computer program, copy of a motion picture or other audiovisual work, copy of a literary work, copy of a pictorial, graphic, or sculptural work, or work of visual art; and “(6) the term ‘counterfeit documentation or packaging’ means documentation or packaging that appears to be genuine, but is not.” ;

21. 2004

    Anti-counterfeiting Amendments Act of 2004

    Pub. L. 108–482 § 102(a)(4)(A) · 118 Stat. 3912

    Added · 18 U.S.C. § 2318(c)(3)

    Pub. L. 108–482, § 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”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 108–482, § 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”.

    Enacted provision · exact public law section
    (A) by striking paragraph (3) and inserting the following: “(3) the counterfeit label or illicit label is affixed to, encloses, or accompanies, or is designed to be affixed to, enclose, or accompany— “(A) a phonorecord of a copyrighted sound recording or copyrighted musical work; “(B) a copy of a copyrighted computer program; “(C) a copy of a copyrighted motion picture or other audiovisual work; “(D) a copy of a literary work; “(E) a copy of a pictorial, graphic, or sculptural work; “(F) a work of visual art; or “(G) copyrighted documentation or packaging; or” ; and

22. 2004

    Anti-counterfeiting Amendments Act of 2004

    Pub. L. 108–482 § 102(a)(4)(B) · 118 Stat. 3912

    Struck · 18 U.S.C. § 2318(c)(4)

    Pub. L. 108–482, § 102(a)(4)(B), struck out “for a computer program” after “packaging”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 108–482, § 102(a)(4)(B), struck out “for a computer program” after “packaging”.

    Enacted provision · exact public law section
    (B) in paragraph (4), by striking “for a computer program”; and

23. 2004

    Anti-counterfeiting Amendments Act of 2004

    Pub. L. 108–482 § 102(a)(5) · 118 Stat. 3912

    1. Inserted · 18 U.S.C. § 2318(d)

       Pub. L. 108–482, § 102(a)(5), inserted “or illicit labels” after “counterfeit labels” in two places

    2. Inserted · 18 U.S.C. § 2318(d)

       Pub. L. 108–482, § 102(a)(5), inserted “, and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels” before period at end

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–482, § 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.

    Enacted provision · exact public law section
    (5) in subsection (d)— (A) by inserting “or illicit labels” after “counterfeit labels” each place it appears; and (B) by inserting before the period at the end the following: “, and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels”.

24. 2004

    Anti-counterfeiting Amendments Act of 2004

    Pub. L. 108–482 § 102(b) · 118 Stat. 3912

    Added · 18 U.S.C. § 2318(f)

    Pub. L. 108–482, § 102(b), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 108–482, § 102(b), added subsec. (f).

    Enacted provision · exact public law section
    (b) Civil Remedies.— Section 2318 of title 18, United States Code, is further amended by adding at the end the following: “(f) Civil Remedies.— “(1) In general.— Any copyright owner who is injured, or is threatened with injury, by a violation of subsection (a) may bring a civil action in an appropriate United States district court. “(2) Discretion of court.— In any action brought under paragraph (1), the court— “(A) may grant 1 or more temporary or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain a violation of subsection (a); “(B) at any time while the action is pending, may order the impounding, on such terms as the court determines to be reasonable, of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of subsection (a); and “(C) may award to the injured party— “(i) reasonable attorney fees and costs; and “(ii) (I) actual damages and any additional profits of the violator, as provided in paragraph (3); or “(II) statutory damages, as provided in paragraph (4). “(3) Actual damages and profits.— “(A) In general.— The injured party is entitled to recover— “(i) the actual damages suffered by the injured party as a result of a violation of subsection (a), as provided in subparagraph (B) of this paragraph; and “(ii) any profits of the violator that are attributable to a violation of subsection (a) and are not taken into account in computing the actual damages. “(B) Calculation of damages.— The court shall calculate actual damages by multiplying— “(i) the value of the phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging, by “(ii) the number of phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging. “(C) Definition.— For purposes of this paragraph, the ‘value’ of a phonorecord, copy, or work of visual art is— “(i) in the case of a copyrighted sound recording or copyrighted musical work, the retail value of an authorized phonorecord of that sound recording or musical work; “(ii) in the case of a copyrighted computer program, the retail value of an authorized copy of that computer program; “(iii) in the case of a copyrighted motion picture or other audiovisual work, the retail value of an authorized copy of that motion picture or audiovisual work; “(iv) in the case of a copyrighted literary work, the retail value of an authorized copy of that literary work; “(v) in the case of a pictorial, graphic, or sculptural work, the retail value of an authorized copy of that work; and “(vi) in the case of a work of visual art, the retail value of that work. “(4) Statutory damages.— The injured party may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for each violation of subsection (a) in a sum of not less than $2,500 or more than $25,000, as the court considers appropriate. “(5) Subsequent violation.— The court may increase an award of damages under this subsection by 3 times the amount that would otherwise be awarded, as the court considers appropriate, if the court finds that a person has subsequently violated subsection (a) within 3 years after a final judgment was entered against that person for a violation of that subsection. “(6) Limitation on actions.— A civil action may not be commenced under section unless it is commenced within 3 years after the date on which the claimant discovers the violation of subsection (a).” .

25. 2006

    Protecting American Goods and Services Act of 2005

    Pub. L. 109–181 § 2(c)(2) · 120 Stat. 285

    1. Added · 18 U.S.C. § 2318(b)(2)

       Pub. L. 109–181 added par. (2)

    2. Struck · 18 U.S.C. § 2318(b)(2)

       Pub. L. 109–181 struck out former par. (2) which read as follows: “the term ‘traffic’ means to transport, transfer or otherwise dispose of, to another, as consideration for anything of value or to make or obtain control of with intent to so transport, transfer or dispose of;”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 109–181 added par. (2) and struck out former par. (2) which read as follows: “the term ‘traffic’ means to transport, transfer or otherwise dispose of, to another, as consideration for anything of value or to make or obtain control of with intent to so transport, transfer or dispose of;”.

    Enacted provision · exact public law section
    (2) Counterfeit labels for phonorecords, computer programs, etc.— Section 2318(b) of title 18, United States Code, is amended by striking paragraph (2) and inserting the following: “(2) the term ‘traffic’ has the same meaning as in section 2320(e) of this title;” .

26. 2008

    Prioritizing Resources and Organization for Intellectual Property Act of 2008

    Pub. L. 110–403 § 202(1) · 122 Stat. 4256

    1. Amended · 18 U.S.C. § 2318(a)

       Pub. L. 110–403, § 202(1), designated existing provisions as par. (1)

    2. Redesignated · 18 U.S.C. § 2318(a)

       Pub. L. 110–403, § 202(1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and former subpars. (A) to (G) as cls. (i) to (vii), respectively, of subpar. (A)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–403, § 202(1), designated existing provisions as par. (1) and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and former subpars. (A) to (G) as cls. (i) to (vii), respectively, of subpar. (A).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (C) by striking “Whoever” and inserting “(1) Whoever”;

27. 2008

    Prioritizing Resources and Organization for Intellectual Property Act of 2008

    Pub. L. 110–403 § 202(2) · 122 Stat. 4256

    Amended · 18 U.S.C. § 2318(d)

    Pub. L. 110–403, § 202(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels or illicit labels and all articles to which counterfeit labels or illicit labels have been affixed or which were intended to have had such labels affixed, and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–403, § 202(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels or illicit labels and all articles to which counterfeit labels or illicit labels have been affixed or which were intended to have had such labels affixed, and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels.”

    Enacted provision · exact public law section
    (2) by amending subsection (d) to read as follows: “(d) Forfeiture and Destruction of Property; Restitution.— Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.” ; and

28. 2008

    Prioritizing Resources and Organization for Intellectual Property Act of 2008

    Pub. L. 110–403 § 202(3) · 122 Stat. 4256

    1. Redesignated · 18 U.S.C. § 2318(e); 18 U.S.C. § 2318(f)

       Pub. L. 110–403, § 202(3), redesignated subsec. (f) as (e)

    2. Struck · 18 U.S.C. § 2318(e); 18 U.S.C. § 2318(f)

       Pub. L. 110–403, § 202(3), struck out former subsec. (e) which read as follows: “Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).”

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 110–403, § 202(3), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: “Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).”

    Enacted provision · exact public law section
    (3) by striking subsection (e) and redesignating subsection (f) as subsection (e).

29. 2010

    Copyright Cleanup, Clarification, and Corrections Act of 2010

    Pub. L. 111–295 § 6(i) · 124 Stat. 3180

    Substituted · 18 U.S.C. § 2318(e)(6)

    Pub. L. 111–295 substituted “under this subsection” for “under section”

    Source evidence

    Code amendment note
    Subsec. (e)(6). Pub. L. 111–295 substituted “under this subsection” for “under section”.

    Enacted provision · exact public law section
    (i) Trafficking.— Section 2318(e)(6) of title 18, United States Code, is amended by striking “under section” and inserting “under this subsection”.

30. 2016

    Transnational Drug Trafficking Act of 2015

    Pub. L. 114–154 § 3(1) · 130 Stat. 387

    Substituted · 18 U.S.C. § 2318(b)(2)

    Pub. L. 114–154 substituted “section 2320(f)” for “section 2320(e)”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 114–154 substituted “section 2320(f)” for “section 2320(e)”.

    Enacted provision · exact public law section
    (1) in section 2318(b)(2), by striking “section 2320(e)” and inserting “section 2320(f)”; and

39 of 40 references resolved to an enrolled provision · 1 partial