US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 17USC1204]

 
                          TITLE 17--COPYRIGHTS
 
         CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS
 
Sec. 1204. Criminal offenses and penalties

    (a) In General.--Any person who violates section 1201 or 1202 
willfully and for purposes of commercial advantage or private financial 
gain--
        (1) shall be fined not more than $500,000 or imprisoned for not 
    more than 5 years, or both, for the first offense; and
        (2) shall be fined not more than $1,000,000 or imprisoned for 
    not more than 10 years, or both, for any subsequent offense.

    (b) Limitation for Nonprofit Library, Archives, Educational 
Institution, or Public Broadcasting Entity.--Subsection (a) shall not 
apply to a nonprofit library, archives, educational institution, or 
public broadcasting entity (as defined under section 118(g).
    (c) Statute of Limitations.--No criminal proceeding shall be brought 
under this section unless such proceeding is commenced within 5 years 
after the cause of action arose.

(Added Pub. L. 105-304, title I, Sec. 103(a), Oct. 28, 1998, 112 Stat. 
2876; amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title V, 
Sec. 5004(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-593.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-113 amended heading and text of 
subsec. (b) generally. Prior to amendment, text read as follows: 
``Subsection (a) shall not apply to a nonprofit library, archives, or 
educational institution.''