Property Crimes 

U.S. Code > Title 18 > Part I > Chapter 113 > § 2319 - Criminal infringement of a copyright

  (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 of Property; Restitution. -
Forfeiture, destruction, and restitution relating to this section
shall be subject to section 2323, to the extent provided in that
section, in addition to any other similar remedies provided by law.
  (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 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.
  (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" has the same meaning as in section
  2320(e) of this title.

  (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.

Legislative History

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