Page:United States Statutes at Large Volume 96 Part 1.djvu/134

 96 STAT. 92

PUBLIC LAW 97-180—MAY 24, 1982 "(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).". SEC. 3. Title 18, United States Code, is amended by inserting after section 2318 the following new section:

18 USC 2319

Definitions.

"§ 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. "(h) 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 sixtyfive 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)(l) 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.". SEC. 4. The table of sections for chapter 113 of title 18 of the United States Code is amended by striking out the item relating to section 2318 and inserting in lieu thereof the following:

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