§ 2319. Criminal infringement of a copyright
(a)
Any person who violates section
506
(a) (relating to criminal offenses) of title 17 shall be punished as provided in subsections (b), (c), and (d) and such penalties shall be in addition to any other provisions of title 17 or any other law.
(b)
Any person who commits an offense under section
506
(a)(1)(A) of title
17—
(1)
shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
(c)
Any person who commits an offense under section
506
(a)(1)(B) of title
17—
(1)
shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;
(d)
Any person who commits an offense under section
506
(a)(1)(C) of title
17—
(2)
shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposes of commercial advantage or private financial gain;
(e)
(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.
(f)
As used in this section—
(1)
the terms “phonorecord” and “copies” have, respectively, the meanings set forth in section
101 (relating to definitions) of title 17;