299 
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 injured, 
or is threatened with injury, by a violation of subsection (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). 
‘‘(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 
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‘‘(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 paragraph, 
the ‘value’ of a phonorecord, copy, or work of visual art 
is— 
‘‘(i) in the case of a copyrighted sound recording 
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 picture 
or other audiovisual work, the retail value of an au-
thorized copy of that motion picture or audiovisual 
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 
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‘‘(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 increase 
an award of damages under this subsection by 3 times the 
amount that would otherwise be awarded, as the court con-
siders appropriate, if the court finds that a person has sub-
sequently violated subsection (a) within 3 years after a 
final judgment was entered against that person for a viola-
tion 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-
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. 
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‘‘(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 paragraph 
(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 of-
fense was committed for purposes of commercial advantage 
or private financial gain; 
‘‘(3) shall be imprisoned not more than 6 years if the of-
fense 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, 
a victim impact statement that identifies the victim of the 
offense and the extent and scope of the injury and loss suf-
fered by the victim, including the estimated economic im-
pact of the offense on that victim. 
‘‘(2) PERSONS PERMITTED TO SUBMIT.—Persons per-
mitted to submit victim impact statements shall include— 
‘‘(A) producers and sellers of legitimate works af-
fected by conduct involved in the offense; 
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‘‘(B) holders of intellectual property rights in such 
works; and 
‘‘(C) the legal representatives of such producers, sell-
ers, and holders. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the terms ‘phonorecord’ and ‘copies’ have, respec-
tively, the meanings set forth in section 101 (relating to 
definitions) of title 17; 
‘‘(2) the terms ‘reproduction’ and ‘distribution’ refer to 
the exclusive rights of a copyright owner under clauses (1) 
and (3) respectively of section 106 (relating to exclusive 
rights in copyrighted works), as limited by sections 107 
through 122, of title 17; 
‘‘(3) the term ‘financial gain’ has the meaning given the 
term in section 101 of title 17; and 
‘‘(4) the term ‘work being prepared for commercial dis-
tribution’ has the meaning given the term in section 506(a) 
of title 17. 
‘‘§ 677. Copyright infringement 
‘‘(a) CRIMINAL INFRINGEMENT.— 
‘‘(1) IN GENERAL.—Any person who knowingly infringes 
a copyright shall be punished as provided under section 
676, if the infringement was committed— 
‘‘(A) for purposes of commercial advantage or pri-
vate financial gain; 
‘‘(B) 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 copy-
righted works, which have a total retail value of more 
than $1,000; or 
‘‘(C) by the distribution of a work being prepared for 
commercial distribution, by making it available on a 
computer network accessible to members of the public, 
if such person knew or should have known that the 
work was intended for commercial distribution. 
‘‘(2) EVIDENCE.—For purposes of this subsection, evi-
dence of reproduction or distribution of a copyrighted work, 
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