§ 2319A. — Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2319A]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113--STOLEN PROPERTY
Sec. 2319A. Unauthorized fixation of and trafficking in sound
recordings and music videos of live musical performances
(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) 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.
(Added Pub. L. 103-465, title V, Sec. 513(a), Dec. 8, 1994, 108 Stat.
4974; amended Pub. L. 105-147, Sec. 2(e), Dec. 16, 1997, 111 Stat.
2679.)
References in Text
The customs laws, referred to in subsec. (c), are classified
generally to Title 19, Customs Duties.
The date of the enactment of the Uruguay Round Agreements Act,
referred to in subsecs. (c) and (f), is the date of enactment of Pub. L.
103-465, which was approved Dec. 8, 1994.
The Federal Rules of Criminal Procedure, referred to in subsec.
(d)(1), are set out in the Appendix to this title.
Amendments
1997--Subsecs. (d) to (f). Pub. L. 105-147 added subsec. (d) and
redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 1961, 2320 of this title;
title 49 section 80302.
