United States Code/Title 17/1976-10-18/Chapter 2/Section 104

§ 104&mdash;Willful infringement for profit

(a) Except as provided in subsection (b), any person who willfully and for profit shall infringe any copyright secured by this title, or who shall knowingly and willfully aid or abet such infringement, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment for not exceeding one year or by a fine of not less than $100 nor more than $1,000, or both, in the discretion of the court: Provided, however, That nothing in this title shall be so construed as to prevent the performance of religious or secular works such as oratorios, cantatas, masses, or octavo choruses by public schools, church choirs, or vocal societies, rented, borrowed, or obtained from some public library, public school, church choir, school choir, or vocal society, provided the performance is given for charitable or educational purposes and not for profit.

(b) Any person who willfully and for profit shall infringe any copyright provided by section 1(f) of this title, or who should knowingly and willfully aid or abet such infringement, shall be fined not more than $25,000 or imprisoned not more than one year, or both, for the first offense and shall be fined not more than $50,000 or imprisoned not more than two years, or both for any subsequent offense. [July 30, 1947, c.391, 61 Stat. 662; Dec. 31, 1974, Pub.L. 93-573, Title I, § 102, 88 Stat. 1873.]

Amendment history
Section 104 was added by the Act of July 30, 1947 (c. 391, 61 Stat. 652) which codified the Copyright Act of 1909 (Mar. 4, 1909, 35 Stat. 1075). It was amended by Public Law 93-573 (Dec. 31, 1974, 88 Stat. 1873), § 102. It was replaced by the Copyright Act of 1976 (Pub. L. 94-553, Oct. 19, 1976, 90 Stat. 2541) with effect from January 1, 1978. CURRENT VERSION]