18 Usc 2319b

§ 2319B

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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.
(c) 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.
(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.
(e) DEFINITIONS.—As used in this section—
(1) the terms ‘‘copy’’, ‘‘fixed’’, ‘‘musical
work’’, ‘‘phonorecord’’, ‘‘reproduce’’, ‘‘sound
recordings’’, and ‘‘transmit’’ mean those terms
within the meaning of title 17; and
(2) the term ‘‘traffic’’ has the same meaning
as in section 2320(e) 1 of this title.
(f) 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.
(Added Pub. L. 103–465, title V, § 513(a), Dec. 8,
1994, 108 Stat. 4974; amended Pub. L. 105–147,
§ 2(e), Dec. 16, 1997, 111 Stat. 2679; Pub. L. 109–181,
§ 2(c)(1), Mar. 16, 2006, 120 Stat. 288; Pub. L.
110–403, title II, § 203, Oct. 13, 2008, 122 Stat. 4261.)
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), Dec. 31, 2011, 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 Dec.
8, 1994.
1 See

References in Text note below.

Page 534

AMENDMENTS
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.
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 November 25, 2002, as modified, set out as a note under section
542 of Title 6.

§ 2319B. Unauthorized recording of Motion pictures in a Motion picture exhibition facility
(a) OFFENSE.—Any person who, without the
authorization of the copyright owner, knowingly
uses or attempts to use an audiovisual recording
device to transmit or make a copy of a motion
picture or other audiovisual work protected
under title 17, or any part thereof, from a performance of such work in a motion picture exhibition facility, shall—
(1) be imprisoned for not more than 3 years,
fined under this title, or both; or
(2) if the offense is a second or subsequent
offense, be imprisoned for no more than 6
years, fined under this title, or both.
The possession by a person of an audiovisual recording device in a motion picture exhibition facility may be considered as evidence in any proceeding to determine whether that person committed an offense under this subsection, but
shall not, by itself, be sufficient to support a
conviction of that person for such offense.

Page 535

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

(b) FORFEITURE AND DESTRUCTION OF PROPRESTITUTION.—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.
(c) AUTHORIZED ACTIVITIES.—This section does
not prevent any lawfully authorized investigative, protective, or intelligence activity by an
officer, agent, or employee of the United States,
a State, or a political subdivision of a State, or
by a person acting under a contract with the
United States, a State, or a political subdivision
of a State.
(d) IMMUNITY FOR THEATERS.—With reasonable
cause, the owner or lessee of a motion picture
exhibition facility where a motion picture or
other audiovisual work is being exhibited, the
authorized agent or employee of such owner or
lessee, the licensor of the motion picture or
other audiovisual work being exhibited, or the
agent or employee of such licensor—
(1) may detain, in a reasonable manner and
for a reasonable time, any person suspected of
a violation of this section with respect to that
motion picture or audiovisual work for the
purpose of questioning or summoning a law
enforcement officer; and
(2) shall not be held liable in any civil or
criminal action arising out of a detention
under paragraph (1).
ERTY;

(e) VICTIM IMPACT STATEMENT.—
(1) IN GENERAL.—During the preparation of
the presentence report under rule 32(c) of the
Federal Rules of Criminal Procedure, victims
of an offense under this section shall be permitted to submit to the probation officer 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) CONTENTS.—A victim impact statement
submitted under this subsection shall include—
(A) producers and sellers of legitimate
works affected by conduct involved in the offense;
(B) holders of intellectual property rights
in the works described in subparagraph (A);
and
(C) the legal representatives of such producers, sellers, and holders.
(f) STATE LAW NOT PREEMPTED.—Nothing in
this section may be construed to annul or limit
any rights or remedies under the laws of any
State.
(g) DEFINITIONS.—In this section, the following
definitions shall apply:
(1) TITLE 17 DEFINITIONS.—The terms ‘‘audiovisual work’’, ‘‘copy’’, ‘‘copyright owner’’,
‘‘motion picture’’, ‘‘motion picture exhibition
facility’’, and ‘‘transmit’’ have, respectively,
the meanings given those terms in section 101
of title 17.
(2) AUDIOVISUAL RECORDING DEVICE.—The
term ‘‘audiovisual recording device’’ means a
digital or analog photographic or video camera, or any other technology or device capable
of enabling the recording or transmission of a

§ 2320

copyrighted motion picture or other audiovisual work, or any part thereof, regardless of
whether audiovisual recording is the sole or
primary purpose of the device.
(Added Pub. L. 109–9, title I, § 102(a), Apr. 27,
2005, 119 Stat. 218; amended Pub. L. 110–403, title
II, § 204, Oct. 13, 2008, 122 Stat. 4261.)
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to
in subsec. (e)(1), are set out in the Appendix to this
title.
AMENDMENTS
2008—Subsec. (b). Pub. L. 110–403 amended subsec. (b)
generally. Prior to amendment, text read as follows:
‘‘When a person is convicted of a violation of subsection (a), the court in its judgment of conviction
shall, in addition to any penalty provided, order the
forfeiture and destruction or other disposition of all
unauthorized copies of motion pictures or other audiovisual works protected under title 17, or parts thereof,
and any audiovisual recording devices or other equipment used in connection with the offense.’’

§ 2320. Trafficking in counterfeit goods or services
(a) OFFENSES.—Whoever intentionally—
(1) traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services,
(2) traffics in labels, patches, stickers, wrappers, badges, emblems, medallions, charms,
boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has
been applied thereto, the use of which is likely
to cause confusion, to cause mistake, or to deceive,
(3) traffics in goods or services knowing that
such good or service is a counterfeit military
good or service the use, malfunction, or failure
of which is likely to cause serious bodily injury or death, the disclosure of classified information, impairment of combat operations,
or other significant harm to a combat operation, a member of the Armed Forces, or to
national security, or
(4) traffics in a counterfeit drug,
or attempts or conspires to violate any of paragraphs (1) through (4) shall be punished as provided in subsection (b).
(b) PENALTIES.—
(1) IN GENERAL.—Whoever commits an offense under subsection (a)—
(A) if an individual, shall be fined not
more than $2,000,000 or imprisoned not more
than 10 years, or both, and, if a person other
than an individual, shall be fined not more
than $5,000,000; and
(B) for a second or subsequent offense
under subsection (a), if an individual, shall
be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if
other than an individual, shall be fined not
more than $15,000,000.
(2) SERIOUS BODILY INJURY OR DEATH.—
(A) SERIOUS BODILY INJURY.—Whoever
knowingly or recklessly causes or attempts
to cause serious bodily injury from conduct
in violation of subsection (a), if an individ-