2013 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 113 - STOLEN PROPERTY (§§ 2311 - 2323)
Section 2319A - Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 113 - STOLEN PROPERTY Sec. 2319A - Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances |
Contains | section 2319A |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 108 Stat. 4974 111 Stat. 2679 120 Stat. 288 122 Stat. 4261 125 Stat. 1497 |
Public Law References | Public Law 103-465, Public Law 105-147, Public Law 109-181, Public Law 110-403, Public Law 112-81 |
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(a)
(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)
(c)
(d)
(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)
(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)
(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 TEXTThe 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.
AMENDMENTS2008—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 FUNCTIONSFor 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.
1 See References in Text note below.
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