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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) As used in this section - (1) the terms "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 122, of title 17. -SOURCE- (Added Pub. L. 97-180, Sec. 3, May 24, 1982, 96 Stat. 92; amended Pub. L. 102-561, Oct. 28, 1992, 106 Stat. 4233; Pub. L. 105-80, Sec. 12(b)(2), Nov. 13, 1997, 111 Stat. 1536; Pub. L. 105-147, Sec. 2(d), Dec. 16, 1997, 111 Stat. 2678; Pub. L. 107-273, div. C, title III, Sec. 13211(a), Nov. 2, 2002, 116 Stat. 1910.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (d)(1), are set out in the Appendix to this title. -MISC1- AMENDMENTS 2002 - Subsec. (e)(2). Pub. L. 107-273 substituted "107 through 122" for "107 through 120". 1997 - Subsec. (a). Pub. L. 105-147, Sec. 2(d)(1), substituted "subsections (b) and (c)" for "subsection (b)". Subsec. (b). Pub. L. 105-147, Sec. 2(d)(2)(A), substituted "section 506(a)(1) of title 17" for "subsection (a) of this section" in introductory provisions. Subsec. (b)(1). Pub. L. 105-147, Sec. 2(d)(2)(B), inserted "including by electronic means," after "if the offense consists of the reproduction or distribution," and substituted "which have a total retail value of more than $2,500" for "with a retail value of more than $2,500". Pub. L. 105-80, substituted "at least 10 copies" for "at last 10 copies". Subsecs. (c) to (e). Pub. L. 105-147, Sec. 2(d)(3), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e). 1992 - Subsec. (b). Pub. L. 102-561, Sec. 1, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "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 sixty-five 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)(1) 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." Subsec. (c). Pub. L. 102-561, Sec. 2, substituted " 'phonorecord' " for " 'sound recording', 'motion picture', 'audiovisual work', 'phonorecord'," in par. (1) and "120" for "118" in par. (2). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1956, 1961, 2320 of this title; title 17 section 109; title 49 section 80302. -End- -CITE- 18 USC Sec. 2319A 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 113 - STOLEN PROPERTY -HEAD- Sec. 2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances -STATUTE- (a) Offense. - Whoever, without the consent of the performer or performers involved, knowingly and for purposes of commercial advantage or private financial gain - (1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation; (2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance; or (3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States; shall be imprisoned for not more than 5 years or fined in the amount set forth in this title, or both, or if the offense is a second or subsequent offense, shall be imprisoned for not more than 10 years or fined in the amount set forth in this title, or both. (b) Forfeiture and Destruction. - 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. (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 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. (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 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. (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. -SOURCE- (Added Pub. L. 103-465, title V, Sec. 513(a), Dec. 8, 1994, 108 Stat. 4974; amended Pub. L. 105-147, Sec. 2(e), Dec. 16, 1997, 111 Stat. 2679.) -REFTEXT- REFERENCES IN TEXT The customs laws, referred to in subsec. (c), are classified generally to Title 19, Customs Duties. The date of the enactment of the Uruguay Round Agreements Act, referred to in subsecs. (c) and (f), is the date of enactment of Pub. L. 103-465, which was approved Dec. 8, 1994. The Federal Rules of Criminal Procedure, referred to in subsec. (d)(1), are set out in the Appendix to this title. -MISC1- AMENDMENTS 1997 - Subsecs. (d) to (f). Pub. L. 105-147 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. -TRANS- 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1961, 2320 of this title; title 49 section 80302. -End- -CITE- 18 USC Sec. 2320 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 113 - STOLEN PROPERTY -HEAD- Sec. 2320. Trafficking in counterfeit goods or services -STATUTE- (a) Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services shall, if an individual, 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, be fined not more than $5,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, 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. (b) Upon a determination by a preponderance of the evidence that any articles in the possession of a defendant in a prosecution under this section bear counterfeit marks, the United States may obtain an order for the destruction of such articles. (c) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense. (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 goods or services affected by conduct involved in the offense; (B) holders of intellectual property rights in such goods or services; and (C) the legal representatives of such producers, sellers, and holders. (e) For the purposes of this section - (1) the term "counterfeit mark" means - (A) a spurious mark - (i) that is used in connection with trafficking in goods or services; (ii) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; and (iii) the use of which is likely to cause confusion, to cause mistake, or to deceive; or (B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 220506 of title 36; but such term does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation; (2) the term "traffic" means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, transfer, or dispose of; and (3) the term "Lanham Act" means the Act entitled "An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes", approved July 5, 1946 (15 U.S.C. 1051 et seq.). (f)(1) Beginning with the first year after the date of enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, an accounting, on a district by district basis, of the following with respect to all actions taken by the Department of Justice that involve trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of this title), criminal infringement of copyrights (as defined in section 2319 of this title), unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances (as defined in section 2319A of this title), or trafficking in goods or services bearing counterfeit marks (as defined in section 2320 of this title): (A) The number of open investigations. (B) The number of cases referred by the United States Customs Service. (C) The number of cases referred by other agencies or sources. (D) The number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under sections 2318, 2319, 2319A, and 2320 of this title. (2)(A) The report under paragraph (1), with respect to criminal infringement of copyright, shall include the following: (i) The number of infringement cases in these categories: audiovisual (videos and films); audio (sound recordings); literary works (books and musical compositions); computer programs; video games; and, others. (ii) The number of online infringement cases. (iii) The number and dollar amounts of fines assessed in specific categories of dollar amounts. These categories shall be: no fines ordered; fines under $500; fines from $500 to $1,000; fines from $1,000 to $5,000; fines from $5,000 to $10,000; and fines over $10,000. (iv) The total amount of restitution ordered in all copyright infringement cases. (B) In this paragraph, the term "online infringement cases" as used in paragraph (2) means those cases where the infringer - (i) advertised or publicized the infringing work on the Internet; or (ii) made the infringing work available on the Internet for download, reproduction, performance, or distribution by other persons. (C) The information required under subparagraph (A) shall be submitted in the report required in fiscal year 2005 and thereafter. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 1502(a), Oct. 12, 1984, 98 Stat. 2178; amended Pub. L. 103-322, title XXXII, Sec. 320104(a), title XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 2110, 2148; Pub. L. 104-153, Sec. 5, July 2, 1996, 110 Stat. 1387; Pub. L. 105-147, Sec. 2(f), Dec. 16, 1997, 111 Stat. 2679; Pub. L. 105-225, Sec. 4(b), Aug. 12, 1998, 112 Stat. 1499; Pub. L. 105-354, Sec. 2(c)(1), Nov. 3, 1998, 112 Stat. 3244; Pub. L. 107-140, Sec. 1, Feb. 8, 2002, 116 Stat. 12; Pub. L. 107-273, div. A, title II, Sec. 205(e), Nov. 2, 2002, 116 Stat. 1778.) -REFTEXT- REFERENCES IN TEXT The Lanham Act, referred to in subsecs. (c) and (e)(1)(B), (3), also known as the Trademark Act of 1946, is act July 5, 1946, ch. 540, 60 Stat. 427, as amended, which is classified generally to chapter 22 (Sec. 1051 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of Title 15 and Tables. The Federal Rules of Criminal Procedure, referred to in subsec. (d)(1), are set out in the Appendix to this title. The date of enactment of this subsection, referred to in subsec. (f), is date of enactment of Pub. L. 104-153, which was approved July 2, 1996. -COD- CODIFICATION Another section 2320 was renumbered section 2321 of this title. -MISC1- AMENDMENTS 2002 - Subsec. (e)(1)(B). Pub. L. 107-140 substituted "section 220506 of title 36" for "section 220706 of title 36". Subsec. (f). Pub. L. 107-273, Sec. 205(e), designated existing provisions as par. (1), substituted "this title" for "title 18" wherever appearing, redesigna

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