U.S.A. Copyright Law, Library of Congress. Copyright Office [reading diary TXT] 📗

the end of the

sentence, after "Act." Pub. L. No. 106-113, 113 Stat. 1501, app. I at

1501A-593.

Appendix VI. Definition of "Berne Convention Work"

The WIPO Copyright and Performances and Phonograms Treaties

Implementation Act of 1998 deleted the definition of "Berne Convention

work" from section 101. [1] Pub. L. No. 105-304, 112 Stat. 2861. The

definition of Berne Convention work, as deleted, is as follows:

A work is a "Berne Convention work" if-

(1) in the case of an unpublished work, one or more of the authors is a

national of a nation adhering to the Berne Convention, or in the case of

a published work, one or more of the authors is a national of a nation

adhering to the Berne Convention on the date of first publication;

(2) the work was first published in a nation adhering to the Berne

Convention, or was simultaneously first published in a nation adhering

to the Berne convention and in a foreign nation that does not adhere to

the Berne Convention;

(3) in the case of an audiovisual work-

(A) if one or more of the authors is a legal entity, that author has its

headquarters in a nation adhering to the Berne Convention; or

(B) if one or more of the authors is an individual, that author is

domiciled, or has his or her habitual residence in, a nation adhering to

the Berne Convention; or

(4) in the case of a pictorial, graphic, or sculptural work that is

incorporated in a building or other structure, the building or structure

is located in a nation adhering to the Berne Convention; or

(5) in the case of an architectural work embodied in a building, such

building is erected in a country adhering to the Berne Convention.

For purposes of paragraph (1), an author who is domiciled in or has his

or her habitual residence in, a nation adhering to the Berne Convention

is considered to be a national of that nation. For purposes of paragraph

(2), a work is considered to have been simultaneously published in two

or more nations if its dates of publication are within 30 days of one

another.

Appendix VI Endnote

1 For a discussion of the legislative history of the definition of

"Berne Convention work," see endnote 2, chapter 1, supra.

Appendix VII. Selected Provisions of the U.S. Code Relating to Copyright

Title 18 - Crimes and Criminal Procedure

Part I - Crimes

Chapter 113 - Stolen Property

Sec. 2318. Trafficking in counterfeit labels for phonorecords, copies

of computer programs or computer program documentation or packaging, and

copies of motion pictures or other audio visual works, and trafficking

in counterfeit computer program documentation or packaging. [1]

(a) Whoever, in any of the circumstances described in subsection (c) of

this section, knowingly traffics in a counterfeit label affixed or

designed to be affixed to a phonorecord, or a copy of a computer program

or documentation or packaging for a computer program, or a copy of a

motion picture or other audiovisual work, and whoever, in any of the

circumstances described in subsection (c) of this section, knowingly

traffics in counterfeit documentation or packaging for a computer

program, shall be fined under this title or imprisoned for not more than

five years, or both.

(b) As used in this section-

(1) the term "counterfeit label" means an identifying label or container

that appears to be genuine, but is not;

(2) the term "traffic" means to transport, transfer or otherwise dispose

of, to another, as consideration for anything of value or to make or

obtain control of with intent to so transport, transfer or dispose of;

and

(3) the terms "copy", "phonorecord", "motion picture", "computer

program", and "audiovisual work" have, respectively, the meanings given

those terms in section 101 (relating to definitions) of title 17.

(c) The circumstances referred to in subsection (a) of this section are-

(1) the offense is committed within the special maritime and territorial

jurisdiction of the United States; or within the special aircraft

jurisdiction of the United States (as defined in section 46501 of title

49);

(2) the mail or a facility of interstate or foreign commerce is used or

intended to be used in the commission of the offense;

(3) the counterfeit label is affixed to or encloses, or is designed to

be affixed to or enclose, a copy of a copyrighted computer program or

copyrighted documentation or packaging for a computer program, a

copyrighted motion picture or other audiovisual work, or a phonorecord

of a copyrighted sound recording; or

(4) the counterfeited documentation or packaging for a computer program

is copyrighted.

(d) 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 counterfeit labels and all articles to which

counterfeit labels have been affixed or which were intended to have had

such labels affixed.

(e) Except to the extent they are inconsistent with the provisions of

this title, all provisions of section 509, title 17, United States Code,

are applicable to violations of subsection (a).

Sec. 2319. Criminal infringement of a copyright [2]

(a) Whoever violates section 506(a) (relating to criminal offenses) of

title 17 shall be punished as provided in subsections (b) and (c) of

this section 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) 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;

(2) shall be imprisoned not more than 10 years, or fined in the amount

set forth in this title, or both, if the offense is a second or

subsequent offense under paragraph (1); and

(3) shall be imprisoned not more than 1 year, or fined in the amount set

forth in this title, or both, in any other case.

(c) Any person who commits an offense under section 506(a)(2) of title

17, United States Code-

(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;

(2) shall be imprisoned not more than 6 years, or fined in the amount

set forth in this title, or both, if the offense is a second or

subsequent offense under paragraph (1); and

(3) shall be imprisoned not more than 1 year, or fined in the amount set

forth in this title, or both, if the offense consists of the

reproduction or distribution of 1 or more copies or phonorecords of 1 or

more copyrighted works, which have a total retail value of more than

$1,000.

(d) (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) 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;

and

(2) the terms "reproduction" and "distribution" refer to the exclusive

rights of a copyright owner under clauses (1) and (3) respectively of

section 106 (relating to exclusive rights in copyrighted works), as

limited by sections 107 through 120, of title 17.

Sec. 2319A. Unauthorized fixation of and trafficking in sound recordings

and music videos of live musical performances [3]

(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. 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.

(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 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.

(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 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.

(f)