The current law continues that broad coverage, permitting a case to be proven even without evidence of copyright so long as, for example, the mail or a facility of interstate or foreign commerce is used in the commission of the offense. Many copyright infringement crimes make use of counterfeit labels. And, in some cases, it can be easier for the government to prove the counterfeit labeling count than the copyright infringement count. 2318 charge is an important addition to, and in some cases, alternative to, a copyright infringement charge. Prosecutors also should consider the applicability of a criminal trademark counterfeiting statute, as labels intended to be affixed to counterfeit works often carry counterfeit reproductions of federally registered trademarks.
Federal jurisdiction is appropriate because the work is copyrighted or for other reasons.
These elements are reviewed in turn below. Since the statute has been amended, it explicitly applies to computer software. It is not necessary to prove that the defendant actually transferred particular labels if it can be proven that the defendant made the labels or obtained labels with the intent to transfer them. S. Rep. No. S. Rep. No.