Page:United States Statutes at Large Volume 111 Part 3.djvu/591

 PUBLIC LAW 105-147—DEC. 16, 1997 111 STAT. 2679 (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 (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.". (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.". (f) TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES. —Section 2320 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:

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