2017 US Code
Title 17 - Copyrights
Chapter 5 - Copyright Infringement and Remedies
Sec. 506 - Criminal offenses
|Citation||17 U.S.C. § 506 (2017)|
|Section Name||§506. Criminal offenses|
HISTORICAL AND REVISION NOTES
HOUSE REPORT NO. 94–1476
Four types of criminal offenses actionable under the bill are listed in section 506: willful infringement for profit, fraudulent use of a copyright notice, fraudulent removal of notice, and false representation in connection with a copyright application. The maximum fine on conviction has been increased to $10,000 and, in conformity with the general pattern of the Criminal Code (18 U.S.C.), no minimum fines have been provided. In addition to or instead of a fine, conviction for criminal infringement under section 506(a) can carry with it a sentence of imprisonment of up to one year. Section 506(b) deals with seizure, forfeiture, and destruction of material involved in cases of criminal infringement.
Section 506(a) contains a special provision applying to any person who infringes willfully and for purposes of commercial advantage the copyright in a sound recording or a motion picture. For the first such offense a person shall be fined not more than $25,000 or imprisoned for not more than one year, or both. For any subsequent offense a person shall be fined not more than $50,000 or imprisoned not more than two years, or both.AMENDMENTS
2008—Subsec. (b). Pub. L. 110–403 amended subsec. (b) generally. Prior to amendment, text read as follows: "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 infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords."
2005—Subsec. (a). Pub. L. 109–9 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Any person who infringes a copyright willfully either—
"(1) for purposes of commercial advantage or private financial gain, or
"(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,
shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement."
1997—Subsec. (a). Pub. L. 105–147 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:
"(a) Criminal Infringement.—Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished as provided in section 2319 of title 18."
1990—Subsec. (f). Pub. L. 101–650 added subsec. (f).
1982—Subsec. (a). Pub. L. 97–180 substituted "shall be punished as provided in section 2319 of title 18" for "shall be fined not more than $10,000 or imprisoned for not more than one year, or both: Provided, however, That any person who infringes willfully and for purposes of commercial advantage or private financial gain the copyright in a sound recording afforded by subsections (1), (2), or (3) of section 106 or the copyright in a motion picture afforded by subsections (1), (3), or (4) of section 106 shall be fined not more than $25,000 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more than $50,000 or imprisoned for not more than two years, or both, for any subsequent offense".EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–650 effective 6 months after Dec. 1, 1990, see section 610 of Pub. L. 101–650, set out as an Effective Date note under section 106A of this title.
|Publication Title||United States Code, 2012 Edition, Supplement 5, Title 17 - COPYRIGHTS|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 17 - COPYRIGHTS
CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES
Sec. 506 - Criminal offenses
|Laws In Effect As Of Date||January 12, 2018|
|Statutes at Large References||90 Stat. 2586
96 Stat. 93
104 Stat. 5131
111 Stat. 2678
119 Stat. 220
122 Stat. 4260
|Public Law References||Public Law 94-553, Public Law 97-180, Public Law 101-650, Public Law 105-147, Public Law 109-9, Public Law 110-403|