291 
(d) FORFEITURE.—When any person is convicted of any 
violation of subsection (a), the court in its judgment of convic-
tion shall in addition to the penalty therein prescribed, order 
the forfeiture and destruction or other disposition of all coun-
terfeit labels or illicit labels and all articles to which counterfeit 
labels or illicit labels have been affixed or which were intended 
to have had such labels affixed, and of any equipment, device, 
or material used to manufacture, reproduce, or assemble the 
counterfeit labels or illicit labels. 
(e) APPLICATION OF SECTION 509 OF TITLE XVII.—Ex-
cept to the extent they are inconsistent with the provisions of 
this title, all provisions of section 509, title 17, are applicable 
to violations of subsection (a). 
(f) CIVIL REMEDIES.— 
(1) IN GENERAL.—Any copyright owner who is in-
jured, or is threatened with injury, by a violation of sub-
section (a) may bring a civil action in an appropriate 
United States district court. 
(2) DISCRETION OF COURT.—In any action brought 
under paragraph (1), the court— 
(A) may grant 1 or more temporary or permanent 
injunctions on such terms as the court determines to 
be reasonable to prevent or restrain a violation of sub-
section (a); 
(B) at any time while the action is pending, may 
order the impounding, on such terms as the court de-
termines to be reasonable, of any article that is in the 
custody or control of the alleged violator and that the 
court has reasonable cause to believe was involved in a 
violation of subsection (a); and 
(C) may award to the injured party— 
(i) reasonable attorney fees and costs; and 
(ii)(I) actual damages and any additional prof-
its of the violator, as provided in paragraph (3); or 
(II) statutory damages, as provided in para-
graph (4). 
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(II) statutory damages, as provided in para-
graph (4). 
(3) ACTUAL DAMAGES AND PROFITS.— 
(A) IN GENERAL.—The injured party is entitled to 
recover— 
(i) the actual damages suffered by the injured 
party as a result of a violation of subsection (a), 
as provided in subparagraph (B) of this paragraph; 
and 
(ii) any profits of the violator that are attrib-
utable to a violation of subsection (a) and are not 
taken into account in computing the actual dam-
ages. 
(B) CALCULATION OF DAMAGES.—The court shall 
calculate actual damages by multiplying— 
(i) the value of the phonorecords, copies, or 
works of visual art which are, or are intended to 
be, affixed with, enclosed in, or accompanied by 
any counterfeit labels, illicit labels, or counterfeit 
documentation or packaging, by 
(ii) the number of phonorecords, copies, or 
works of visual art which are, or are intended to 
be, affixed with, enclosed in, or accompanied by 
any counterfeit labels, illicit labels, or counterfeit 
documentation or packaging. 
(C) DEFINITION.—For purposes of this para-
graph, the ‘‘value’’ of a phonorecord, copy, or work of 
visual art is— 
(i) in the case of a copyrighted sound record-
ing or copyrighted musical work, the retail value of 
an authorized phonorecord of that sound recording 
or musical work; 
(ii) in the case of a copyrighted computer pro-
gram, the retail value of an authorized copy of that 
computer program; 
(iii) in the case of a copyrighted motion pic-
ture or other audiovisual work, the retail value of 
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293 
an authorized copy of that motion picture or audio-
visual work; 
(iv) in the case of a copyrighted literary work, 
the retail value of an authorized copy of that lit-
erary work; 
(v) in the case of a pictorial, graphic, or sculp-
tural work, the retail value of an authorized copy 
of that work; and 
(vi) in the case of a work of visual art, the re-
tail value of that work. 
(4) STATUTORY
DAMAGES.—The injured party may 
elect, at any time before final judgment is rendered, to re-
cover, instead of actual damages and profits, an award of 
statutory damages for each violation of subsection (a) in a 
sum of not less than $2,500 or more than $25,000, as the 
court considers appropriate. 
(5) SUBSEQUENT
VIOLATION.—The court may in-
crease an award of damages under this subsection by 3 
times the amount that would otherwise be awarded, as the 
court considers appropriate, if the court finds that a person 
has subsequently violated subsection (a) within 3 years 
after a final judgment was entered against that person for 
a violation of that subsection. 
(6) LIMITATION ON ACTIONS.—A civil action may not 
be commenced under section unless it is commenced within 
3 years after the date on which the claimant discovers the 
violation of subsection (a). 
§ 676. Criminal infringement of a copyright 
(a)SECTION 506A OFFENSES IN GENERAL.—Whoever vio-
lates section 506(a) (relating to criminal offenses) of title 17 
shall be punished as provided in subsections (b), (c), and (d) 
and such penalties shall be in addition to any other provisions 
of title 17 or any other law. 
(b) SUBSECTION (a)(1)(A) OFFENSES.—Whoever commits 
an offense under section 506(a)(1)(A) of title 17— 
(1) shall be imprisoned not more than 5 years, if the 
offense consists of the reproduction or distribution, includ-
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ing 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 if the 
offense is a second or subsequent offense under paragraph 
(1); and 
(3) shall be imprisoned not more than 1 year in any 
other case. 
(c) SUBSECTION (a)(1)(B) OFFENSES.—Whoever commits 
an offense under section 506(a)(1)(B) of title 17— 
(1) shall be imprisoned not more than 3 years, 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 if 
the offense is a second or subsequent offense under para-
graph (1); and 
(3) shall be imprisoned not more than 1 year, or 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) SUBSECTION (A)(1)(C) OFFENSES.—Whoever commits 
an offense under section 506(a)(1)(C) of title 17— 
(1) shall be imprisoned not more than 3 years; 
(2) shall be imprisoned not more than 5 years if the 
offense was committed for purposes of commercial advan-
tage or private financial gain; 
(3) shall be imprisoned not more than 6 years if the 
offense is a second or subsequent offense; and 
(4) shall be imprisoned not more than 10 years if the 
offense is a second or subsequent offense under paragraph 
(2). 
(e) VICTIM IMPACT.— 
(1) 
IN
GENERAL.—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, 
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