§ 2319. Criminal infringement of a copyright

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. 1982

   Piracy and Counterfeiting Amendments Act of 1982

   Pub. L. 97–180 § 3 · 96 Stat. 91

   Enacted · 18 U.S.C. § 2319

   Added Pub. L. 97–180, § 3, May 24, 1982, 96 Stat. 92

   Source evidence

   Code source credit
   Added Pub. L. 97–180, § 3, May 24, 1982, 96 Stat. 92

   Enacted provision · exact public law section
   Sec. 3. Title 18, United States Code, is amended by inserting after section 2318 the following new section: “§ 2319. Criminal infringement of a copyright “(a) Whoever violates section 506(a) (relating to criminal offenses) of title 17 shall be punished as provided in subsection (b) of this section 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 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. “(c) As used in this section— “(1) the terms ‘sound recording’, ‘motion picture’, ‘audiovisual work’, ‘phonorecord’, and ‘copies’ have, respectively, the meanings set forth in section 101 (relating to definitions) of title 17; and “(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 118, of title 17.”.

2. 1992

   Pub. L. 102–561 § 1 · 106 Stat. 4233

   Amended · 18 U.S.C. § 2319(b)

   Pub. L. 102–561, § 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—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–561, § 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.”

   Enacted provision · exact public law section
   SECTION 1. CRIMINAL PENALTIES FOR COPYRIGHT INFRINGEMENT. Section 2319(b) of title 18, United States Code, is amended to read as follows: “(b) Any person who commits an offense under subsection (a) of this section— “(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, during any 180-day period, of at last 10 copies or phonorecords, of 1 or more copyrighted works, with a 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.”.

3. 1992

   Pub. L. 102–561 § 2 · 106 Stat. 4233

   1. Substituted · 18 U.S.C. § 2319(c)

      Pub. L. 102–561, § 2, substituted “ ‘phonorecord’ ” for “ ‘sound recording’, ‘motion picture’, ‘audiovisual work’, ‘phonorecord’,” in par. (2)

   2. Substituted · 18 U.S.C. § 2319(c)

      Pub. L. 102–561, § 2, substituted “120” for “118” in par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–561, § 2, substituted “ ‘phonorecord’ ” for “ ‘sound recording’, ‘motion picture’, ‘audiovisual work’, ‘phonorecord’,” in par. (1) and “120” for “118” in par. (2).

   Enacted provision · exact public law section
   SEC. 2. CONFORMING AMENDMENTS. Section 2319(c) of title 18, United States Code, is amended— (1) in paragraph (1) by striking “‘sound recording’, ‘motion picture’, ‘audiovisual work’, ‘phonorecord’,” and inserting “‘phonorecord’ ”; and (2) in paragraph (2) by striking “118” and inserting “120”.

4. 1997

   Pub. L. 105–80 § 12(b)(2) · 111 Stat. 1529

   Substituted · 18 U.S.C. § 2319(b)(1)

   Pub. L. 105–80, substituted “at least 10 copies” for “at last 10 copies”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–80, substituted “at least 10 copies” for “at last 10 copies”.

   Enacted provision · exact public law section
   (2) Section 2319(b)(1) of title 18, United States Code, is amended by striking “last 10” and inserting “least 10”.

5. 1997

   No Electronic Theft (NET) Act

   Pub. L. 105–147 § 2(d)(1) · 111 Stat. 2678

   Substituted · 18 U.S.C. § 2319(a)

   Pub. L. 105–147, § 2(d)(1), substituted “subsections (b) and (c)” for “subsection (b)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–147, § 2(d)(1), substituted “subsections (b) and (c)” for “subsection (b)”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “subsection (b)” and inserting “subsections (b) and (c)”;

6. 1997

   No Electronic Theft (NET) Act

   Pub. L. 105–147 § 2(d)(2)(A) · 111 Stat. 2678

   Substituted · 18 U.S.C. § 2319(b)

   Pub. L. 105–147, § 2(d)(2)(A), substituted “section 506(a)(1) of title 17” for “subsection (a) of this section” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–147, § 2(d)(2)(A), substituted “section 506(a)(1) of title 17” for “subsection (a) of this section” in introductory provisions.

   Enacted provision · exact public law section
   (A) in the matter preceding paragraph (1), by striking “subsection (a) of this section” and inserting “section 506(a)(1) of title 17”; and

7. 1997

   No Electronic Theft (NET) Act

   Pub. L. 105–147 § 2(d)(2)(B) · 111 Stat. 2678

   1. Inserted · 18 U.S.C. § 2319(b)(1)

      Pub. L. 105–147, § 2(d)(2)(B), inserted “including by electronic means,” after “if the offense consists of the reproduction or distribution,”

   2. Substituted · 18 U.S.C. § 2319(b)(1)

      Pub. L. 105–147, § 2(d)(2)(B), substituted “which have a total retail value of more than $2,500” for “with a retail value of more than $2,500”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 105–147, § 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”.

   Enacted provision · exact public law section
   (B) in paragraph (1)— (i) by inserting “including by electronic means,” after “if the offense consists of the reproduction or distribution,”; and (ii) by striking “with a retail value of more than $2,500” and inserting “which have a total retail value of more than $2,500”; and

8. 1997

   No Electronic Theft (NET) Act

   Pub. L. 105–147 § 2(d)(3) · 111 Stat. 2678

   1. Added · 18 U.S.C. § 2319(c)(e)

      Pub. L. 105–147, § 2(d)(3), added subsecs. (c) and (d)

   2. Redesignated · 18 U.S.C. § 2319(c)(e)

      Pub. L. 105–147, § 2(d)(3), redesignated former subsec. (c) as (e)

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 105–147, § 2(d)(3), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

   Enacted provision · exact public law section
   (3) by redesignating subsection (c) as subsection (e) and inserting after subsection (b) the following: “(c) Any person who commits an offense under section 506(a)(2) of title 17, United States Code— “(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) (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.”

9. 2002

   Intellectual Property and High Technology Technical Amendments Act of 2002

   Pub. L. 107–273 div. C title III § 13211(a) · 116 Stat. 1758

   Substituted · 18 U.S.C. § 2319(e)(2)

   Pub. L. 107–273 substituted “107 through 122” for “107 through 120”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 107–273 substituted “107 through 122” for “107 through 120”.

   Enacted provision · exact public law section
   (a) Amendment to Title 18.— Section 2319(e)(2) of title 18, United States Code, is amended by striking “107 through 120” and inserting “107 through 122”.

10. 2005

    Artists’ Rights and Theft Prevention Act of 2005

    Pub. L. 109–9 § 103(b)(1) · 119 Stat. 218

    1. Substituted · 18 U.S.C. § 2319(a)

       Pub. L. 109–9, § 103(b)(1), substituted “Any person who” for “Whoever”

    2. Substituted · 18 U.S.C. § 2319(a)

       Pub. L. 109–9, § 103(b)(1), substituted “, (c), and (d)” for “and (c) of this section”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–9, § 103(b)(1), substituted “Any person who” for “Whoever” and “, (c), and (d)” for “and (c) of this section”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “Whoever” and inserting “Any person who”; and (B) by striking “and (c) of this section” and inserting “, (c), and (d)”;

11. 2005

    Artists’ Rights and Theft Prevention Act of 2005

    Pub. L. 109–9 § 103(b)(2) · 119 Stat. 218

    Substituted · 18 U.S.C. § 2319(b)

    Pub. L. 109–9, § 103(b)(2), substituted “section 506(a)(1)(A)” for “section 506(a)(1)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–9, § 103(b)(2), substituted “section 506(a)(1)(A)” for “section 506(a)(1)” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “section 506(a)(1)” and inserting “section 506(a)(1)(A)”;

12. 2005

    Artists’ Rights and Theft Prevention Act of 2005

    Pub. L. 109–9 § 103(b)(3) · 119 Stat. 218

    Substituted · 18 U.S.C. § 2319(c)

    Pub. L. 109–9, § 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

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–9, § 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.

    Enacted provision · exact public law section
    (3) in subsection (c), by striking “section 506(a)(2) of title 17, United States Code” and inserting “section 506(a)(1)(B) of title 17”;

13. 2005

    Artists’ Rights and Theft Prevention Act of 2005

    Pub. L. 109–9 § 103(b)(4) · 119 Stat. 218

    1. Added · 18 U.S.C. § 2319(d); 18 U.S.C. § 2319(e)

       Pub. L. 109–9, § 103(b)(4), (5), added subsec. (d)

    2. Redesignated · 18 U.S.C. § 2319(d); 18 U.S.C. § 2319(e)

       Pub. L. 109–9, § 103(b)(4), (5), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 109–9, § 103(b)(4), (5), added subsec. (d) and redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).

    Enacted provision · exact public law section
    (4) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

14. 2005

    Artists’ Rights and Theft Prevention Act of 2005

    Pub. L. 109–9 § 103(b)(4) · 119 Stat. 218

    1. Redesignated · 18 U.S.C. § 2319(f)

       Pub. L. 109–9, § 103(b)(4), (6), redesignated subsec. (e) as (f)

    2. Added · 18 U.S.C. § 2319(f)

       Pub. L. 109–9, § 103(b)(4), (6), added pars. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–9, § 103(b)(4), (6), redesignated subsec. (e) as (f) and added pars. (3) and (4).

    Enacted provision · exact public law section
    (4) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

15. 2008

    Prioritizing Resources and Organization for Intellectual Property Act of 2008

    Pub. L. 110–403 § 208(1) · 122 Stat. 4256

    1. Inserted · 18 U.S.C. § 2319(b)(2); 18 U.S.C. § 2319(c)(2)

       Pub. L. 110–403, § 208(1), (2), inserted “is a felony and” after “the offense”

    2. Substituted · 18 U.S.C. § 2319(b)(2); 18 U.S.C. § 2319(c)(2)

       Pub. L. 110–403, § 208(1), (2), substituted “subsection (a)” for “paragraph (1)”

    Source evidence

    Code amendment note
    Subsecs. (b)(2), (c)(2). Pub. L. 110–403, § 208(1), (2), inserted “is a felony and” after “the offense” and substituted “subsection (a)” for “paragraph (1)”.

    Enacted provision · exact public law section
    (1) in subsection (b)(2)— (A) by inserting “is a felony and” after “offense” the first place such term appears; and (B) by striking “paragraph (1)” and inserting “subsection (a)”;

16. 2008

    Prioritizing Resources and Organization for Intellectual Property Act of 2008

    Pub. L. 110–403 § 208(3) · 122 Stat. 4256

    Inserted · 18 U.S.C. § 2319(d)(3)

    Pub. L. 110–403, § 208(3), inserted “is a felony and” after “the offense” and “under subsection (a)” before the semicolon

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 110–403, § 208(3), inserted “is a felony and” after “the offense” and “under subsection (a)” before the semicolon.

    Enacted provision · exact public law section
    (3) in subsection (d)(3)— (A) by inserting “is a felony and” after “offense” the first place such term appears; and (B) by inserting “under subsection (a)” before the semicolon; and

17. 2008

    Prioritizing Resources and Organization for Intellectual Property Act of 2008

    Pub. L. 110–403 § 208(4) · 122 Stat. 4256

    Inserted · 18 U.S.C. § 2319(d)(4)

    Pub. L. 110–403, § 208(4), inserted “is a felony and” after “the offense”

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 110–403, § 208(4), inserted “is a felony and” after “the offense”.

    Enacted provision · exact public law section
    (4) in subsection (d)(4), by inserting “is a felony and” after “offense” the first place such term appears.

24 of 24 references resolved to an enrolled provision