§ 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.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2318]
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
(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).
(Added Pub. L. 87-773, Sec. 1, Oct. 9, 1962, 76 Stat. 775; amended Pub.
L. 93-573, title I, Sec. 103, Dec. 31, 1974, 88 Stat. 1873; Pub. L. 94-
553, title I, Sec. 111, Oct. 19, 1976, 90 Stat. 2600; Pub. L. 97-180,
Sec. 2, May 24, 1982, 96 Stat. 91; Pub. L. 101-647, title XXXV,
Sec. 3567, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 103-272,
Sec. 5(e)(10), July 5, 1994, 108 Stat. 1374; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(U), Sept. 13, 1994, 108 Stat. 2148; Pub. L. 104-
153, Sec. 4(a), (b)(1), July 2, 1996, 110 Stat. 1386, 1387.)
Amendments
1996--Pub. L. 104-153, Sec. 4(b)(1), substituted ``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'' for ``Trafficking in
counterfeit labels for phonorecords and copies of motion pictures or
other audiovisual works'' in section catchline.
Subsec. (a). Pub. L. 104-153, Sec. 4(a)(1), substituted ``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,'' for ``a motion picture or other audiovisual work,''.
Subsec. (b)(3). Pub. L. 104-153, Sec. 4(a)(2), inserted `` `computer
program','' after `` `motion picture',''.
Subsec. (c)(2). Pub. L. 104-153, Sec. 4(a)(3)(A), struck out ``or''
at end.
Subsec. (c)(3). Pub. L. 104-153, Sec. 4(a)(3)(B), inserted ``a copy
of a copyrighted computer program or copyrighted documentation or
packaging for a computer program,'' after ``enclose,'' and substituted
``; or'' for period at end.
Subsec. (c)(4). Pub. L. 104-153, Sec. 4(a)(3)(C), added par. (4).
1994--Subsec. (a). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $250,000''.
Subsec. (c)(1). Pub. L. 103-272 substituted ``section 46501 of title
49'' for ``section 101 of the Federal Aviation Act of 1958''.
1990--Pub. L. 101-647 struck out comma after ``phonorecords'' in
section catchline.
1982--Pub. L. 97-180 substituted ``Trafficking in counterfeit labels
for phonorecords, and copies of motion pictures or other audiovisual
works'' for ``Transportation, sale or receipt of phonograph records
bearing forged or counterfeit labels'' in section catchline.
Subsec. (a). Pub. L. 97-180 substituted provision that violators of
this section shall be fined not more than $250,000 or imprisoned for not
more than five years or both for provision that whoever knowingly and
with fraudulent intent transported, caused to be transported, received,
sold, or offered for sale in interstate or foreign commerce any
phonograph record, disk, wire, tape, film, or other article on which
sounds were recorded, to which or upon which was stamped, pasted, or
affixed any forged or counterfeited label, knowing the label to have
been falsely made, forged, or counterfeited would be fined not more than
$10,000 or imprisoned for not more than one year, or both, for the first
such offense and would be fined not more than $25,000 or imprisoned for
not more than two years, or both, for any subsequent offense.
Subsecs. (b) to (e). Pub. L. 97-180 added subsecs. (b) and (c),
redesignated former subsecs. (b) and (c) as (d) and (e), respectively,
and in subsec. (d) as so redesignated struck out the comma after
``judgment of conviction shall''.
1976--Pub. L. 94-553 designated existing provisions as subsec. (a)
and substituted ``$10,000'' for ``$25,000'' and ``$25,000'' for
``$50,000'', and added subsecs. (b) and (c).
1974--Pub. L. 93-573 substituted ``not more than $25,000 or
imprisoned for not more than one year, or both, for the first offense
and shall be fined not more than $50,000 or imprisoned not more than 2
years, or both, for any subsequent offense'' for ``not more than $1,000
or imprisoned not more than one year or both''.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section 102
of Pub. L. 94-553, set out as a note preceding section 101 of Title 17,
Copyrights.
Section Referred to in Other Sections
This section is referred to in sections 1961, 2320 of this title;
title 19 section 1595a; title 49 section 80302.
