Title 18 — Crimes and Criminal Procedure
Part I · Chapter 113 — Stolen Property
§ 2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances
Statutory text
Offense.—
Whoever, without the consent of the performer or performers involved, knowingly and for purposes of commercial advantage or private financial gain—
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;
transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance; or
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.
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.
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 Homeland Security shall issue regulations by which any performer may, upon payment of a specified fee, be entitled to notification by United States Customs and Border Protection 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.
Victim Impact Statement.—
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.
Persons permitted to submit victim impact statements shall include—
producers and sellers of legitimate works affected by conduct involved in the offense;
holders of intellectual property rights in such works; and
the legal representatives of such producers, sellers, and holders.
Definitions.—
As used in this section—
the terms “copy”, “fixed”, “musical work”, “phonorecord”, “reproduce”, “sound recordings”, and “transmit” mean those terms within the meaning of title 17; and
the term “traffic” has the same meaning as in section 2320(e) 1 of this title.
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.
Footnotes
- 1 See References in Text note below.
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.
Pub. L. 103–465 title V § 513(a) · 108 Stat. 4809
Enacted · 18 U.S.C. § 2319A
Added Pub. L. 103–465, title V, § 513(a), Dec. 8, 1994, 108 Stat. 4974
Source evidence
Code source credit
Added Pub. L. 103–465, title V, § 513(a), Dec. 8, 1994, 108 Stat. 4974No Electronic Theft (NET) Act
Pub. L. 105–147 § 2(e) · 111 Stat. 2678
Added · 18 U.S.C. § 2319A(d)(f)
Pub. L. 105–147 added subsec. (d)
Redesignated · 18 U.S.C. § 2319A(d)(f)
Pub. L. 105–147 redesignated former subsecs. (d) and (e) as (e) and (f), respectively
Source evidence
Code amendment note
Subsecs. (d) to (f). Pub. L. 105–147 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.Enacted provision · exact public law section
(e) Unauthorized Fixation and Trafficking of Live Musical Performances.— Section 2319A of title 18, United States Code, is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: “(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.”.Protecting American Goods and Services Act of 2005
Pub. L. 109–181 § 2(c)(1) · 120 Stat. 285
Added · 18 U.S.C. § 2319A(e)(2)
Pub. L. 109–181 added par. (2)
Struck · 18 U.S.C. § 2319A(e)(2)
Pub. L. 109–181 struck out former par. (2) which read as follows: “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.”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 109–181 added par. (2) and struck out former par. (2) which read as follows: “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.”Enacted provision · exact public law section
(1) Sound recordings and music videos of live musical performances.— Section 2319A(e) 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.” .Prioritizing Resources and Organization for Intellectual Property Act of 2008
Pub. L. 110–403 § 203(a) · 122 Stat. 4256
Amended · 18 U.S.C. § 2319A(b)
Pub. L. 110–403, § 203(a), amended subsec. (b) generally. Prior to amendment, text read as follows: “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.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–403, § 203(a), amended subsec. (b) generally. Prior to amendment, text read as follows: “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.”Enacted provision · exact public law section
(a) Section 2319A(b) of title 18, United States Code, is amended to read as follows: “(b) 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.” .Prioritizing Resources and Organization for Intellectual Property Act of 2008
Pub. L. 110–403 § 203(b) · 122 Stat. 4256
Substituted · 18 U.S.C. § 2319A(c)
Pub. L. 110–403, § 203(b), substituted “The Secretary of Homeland Security shall issue regulations by which any performer may, upon payment of a specified fee, be entitled to notification by United States Customs and Border Protection 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.” for “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.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–403, § 203(b), substituted “The Secretary of Homeland Security shall issue regulations by which any performer may, upon payment of a specified fee, be entitled to notification by United States Customs and Border Protection 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.” for “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.”Enacted provision · exact public law section
(b) Regulations. Section 2319A(c) of title 18, United States Code, is amended by striking the second sentence and inserting: “The Secretary of Homeland Security shall issue regulations by which any performer may, upon payment of a specified fee, be entitled to notification by United States Customs and Border Protection 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.”.
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (d)(1), are set out in the Appendix to this title.
Section 2320 of this title, referred to in subsec. (e)(2), was amended generally by Pub. L. 112–81, div. A, title VIII, § 818(h), , 125 Stat. 1497, and, as so amended, provisions similar to those formerly appearing in subsec. (e) are now contained in subsec. (f).
The date of the enactment of the Uruguay Round Agreements Act, referred to in subsec. (f), is the date of enactment of Pub. L. 103–465, which was approved .
Amendments1997–2008 · 3 rounds
2008
Subsec. (b). Pub. L. 110–403, § 203(a), amended subsec. (b) generally. Prior to amendment, text read as follows: “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.”
Subsec. (c). Pub. L. 110–403, § 203(b), substituted “The Secretary of Homeland Security shall issue regulations by which any performer may, upon payment of a specified fee, be entitled to notification by United States Customs and Border Protection 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.” for “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.”
2006
Subsec. (e)(2). Pub. L. 109–181 added par. (2) and struck out former par. (2) which read as follows: “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.”
1997
Subsecs. (d) to (f). Pub. L. 105–147 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of , see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
Credits
1994–2008 · 4 acts
- 1994Added Pub. L. 103–465, title V, § 513(a), , 108 Stat. 4974
- 1997amended Pub. L. 105–147, § 2(e), , 111 Stat. 2679
- 2006Pub. L. 109–181, § 2(c)(1), , 120 Stat. 288
- 2008Pub. L. 110–403, title II, § 203, , 122 Stat. 4261.
Show as published
(Added Pub. L. 103–465, title V, § 513(a), , 108 Stat. 4974; amended Pub. L. 105–147, § 2(e), , 111 Stat. 2679; Pub. L. 109–181, § 2(c)(1), , 120 Stat. 288; Pub. L. 110–403, title II, § 203, , 122 Stat. 4261.)