Page:United States Statutes at Large Volume 96 Part 1.djvu/133

 PUBLIC LAW 97-180—MAY 24, 1982

96 STAT. 91

Public Law 97-180 97th Congress An Act To amend titles 18 and 17 of the United States Code to strengthen the laws against record, tape, and film piracy and counterfeiting, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Piracy and Counterfeiting Amendments Act of 1982". SEC. 2. Section 2318 of title 18, United States Code, is amended to read as follows: "§2318. TrafHcking 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— "(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 anj^hing 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); "(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 copjnrighted motion picture or other audiovisucd 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.

May 24, 1982 [S. 691] Piracy and Counterfeiting Amendments Act of 1982. 18 USC 2311 note.

Definitions.

49 USC 1301.

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