§ 506. — Criminal offenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC506]
TITLE 17--COPYRIGHTS
CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES
Sec. 506. Criminal offenses
(a) Criminal Infringement.--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.
(b) Forfeiture and Destruction.--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.
(c) Fraudulent Copyright Notice.--Any person who, with fraudulent
intent, places on any article a notice of copyright or words of the same
purport that such person knows to be false, or who, with fraudulent
intent, publicly distributes or imports for public distribution any
article bearing such notice or words that such person knows to be false,
shall be fined not more than $2,500.
(d) Fraudulent Removal of Copyright Notice.--Any person who, with
fraudulent intent, removes or alters any notice of copyright appearing
on a copy of a copyrighted work shall be fined not more than $2,500.
(e) False Representation.--Any person who knowingly makes a false
representation of a material fact in the application for copyright
registration provided for by section 409, or in any written statement
filed in connection with the application, shall be fined not more than
$2,500.
(f) Rights of Attribution and Integrity.--Nothing in this section
applies to infringement of the rights conferred by section 106A(a).
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2586; Pub.
L. 97-180, Sec. 5, May 24, 1982, 96 Stat. 93; Pub. L. 101-650, title VI,
Sec. 606(b), Dec. 1, 1990, 104 Stat. 5131; Pub. L. 105-147, Sec. 2(b),
Dec. 16, 1997, 111 Stat. 2678.)
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
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.
Section Referred to in Other Sections
This section is referred to in sections 101, 109, 111, 115, 119,
122, 411, 501, 509 of this title; title 18 section 2319; title 19
section 1595a.
