§2318. Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging

(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 computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program, shall be fined under this title 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 anything 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", "computer program", 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 46501 of title 49);

(2) the mail or a facility of interstate or foreign commerce is used or intended to be used in the commission of the offense;

(3) the counterfeit label is affixed to or encloses, or is designed to be affixed to or enclose, a copy of a copyrighted computer program or copyrighted documentation or packaging for a computer program, a copyrighted motion picture or other audiovisual work, or a phonorecord of a copyrighted sound recording; or

(4) the counterfeited documentation or packaging for a computer program is copyrighted.

(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.

(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).

(Added Pub. L. 87–773, §1, Oct. 9, 1962, 76 Stat. 775 ; amended Pub. L. 93–573, title I, §103, Dec. 31, 1974, 88 Stat. 1873 ; Pub. L. 94–553, title I, §111, Oct. 19, 1976, 90 Stat. 2600 ; Pub. L. 97–180, §2, May 24, 1982, 96 Stat. 91 ; Pub. L. 101–647, title XXXV, §3567, Nov. 29, 1990, 104 Stat. 4928 ; Pub. L. 103–272, §5(e)(10), July 5, 1994, 108 Stat. 1374 ; Pub. L. 103–322, title XXXIII, §330016(1)(U), Sept. 13, 1994, 108 Stat. 2148 ; Pub. L. 104–153, §4(a), (b)(1), July 2, 1996, 110 Stat. 1386 , 1387.)

Amendments

1996-Pub. L. 104–153, §4(b)(1), substituted "Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging" for "Trafficking in counterfeit labels for phonorecords and copies of motion pictures or other audiovisual works" in section catchline.

Subsec. (a). Pub. L. 104–153, §4(a)(1), substituted "a computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program," for "a motion picture or other audiovisual work,".

Subsec. (b)(3). Pub. L. 104–153, §4(a)(2), inserted " 'computer program'," after " 'motion picture',".

Subsec. (c)(2). Pub. L. 104–153, §4(a)(3)(A), struck out "or" at end.

Subsec. (c)(3). Pub. L. 104–153, §4(a)(3)(B), inserted "a copy of a copyrighted computer program or copyrighted documentation or packaging for a computer program," after "enclose," and substituted "; or" for period at end.

Subsec. (c)(4). Pub. L. 104–153, §4(a)(3)(C), added par. (4).

1994-Subsec. (a). Pub. L. 103–322 substituted "fined under this title" for "fined not more than $250,000".

Subsec. (c)(1). Pub. L. 103–272 substituted "section 46501 of title 49" for "section 101 of the Federal Aviation Act of 1958".

1990-Pub. L. 101–647 struck out comma after "phonorecords" in section catchline.

1982-Pub. L. 97–180 substituted "Trafficking in counterfeit labels for phonorecords, and copies of motion pictures or other audiovisual works" for "Transportation, sale or receipt of phonograph records bearing forged or counterfeit labels" in section catchline.

Subsec. (a). Pub. L. 97–180 substituted provision that violators of this section shall be fined not more than $250,000 or imprisoned for not more than five years or both for provision that whoever knowingly and with fraudulent intent transported, caused to be transported, received, sold, or offered for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds were recorded, to which or upon which was stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counterfeited would be fined not more than $10,000 or imprisoned for not more than one year, or both, for the first such offense and would be fined not more than $25,000 or imprisoned for not more than two years, or both, for any subsequent offense.

Subsecs. (b) to (e). Pub. L. 97–180 added subsecs. (b) and (c), redesignated former subsecs. (b) and (c) as (d) and (e), respectively, and in subsec. (d) as so redesignated struck out the comma after "judgment of conviction shall".

1976-Pub. L. 94–553 designated existing provisions as subsec. (a) and substituted "$10,000" for "$25,000" and "$25,000" for "$50,000", and added subsecs. (b) and (c).

1974-Pub. L. 93–573 substituted "not more than $25,000 or imprisoned for 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 2 years, or both, for any subsequent offense" for "not more than $1,000 or imprisoned not more than one year or both".

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–553 effective Jan. 1, 1978, see section 102 of Pub. L. 94–553, set out as a note preceding section 101 of Title 17, Copyrights.

Section Referred to in Other Sections

This section is referred to in sections 1961, 2320 of this title; title 19 section 1595a; title 49 section 80302.