offer, or performance of service, as the court consid-
ers just.
‘‘(B) At any time before final judgment is en-
tered, a complaining party may elect to recover an
award of statutory damages for each violation of sec-
tion 1202 in the sum of not less than $2,500 or
more than $25,000.
‘‘(4) REPEATED VIOLATIONS.—In any case in
which the injured party sustains the burden of prov-
ing, and the court finds, that a person has violated
section 1201 or 1202 within 3 years after a final
judgment was entered against that person for an-
other such violation, the court may increase the
award of damages up to triple the amount that
would otherwise be awarded, as the court considers
just.
‘‘(5) INNOCENT VIOLATIONS.—The court in its
discretion may reduce or remit the total award of
damages in any case in which the violator sustains
the burden of proving, and the court finds, that the
violator was not aware and had no reason to believe
that its acts constituted a violation.
‘‘§ 1204. Criminal offenses and penalties
‘‘(a) IN GENERAL.—Any person who violates section
1201 or 1202 willfully and for purposes of commercial ad-
vantage or private financial gain—
‘‘(1) shall be fined not more than $500,000 or
imprisoned for not more than 5 years, or both, for
the first offense; and
‘‘(2) shall be fined not more than $1,000,000 or
imprisoned for not more than 10 years, or both, for
any subsequent offense.
‘‘(b) STATUTE OF LIMITATIONS.—Notwithstanding
section 507(a) of this title, no criminal proceeding shall
be maintained under subsection (a) unless such proceeding
is commenced within 5 years after the cause of action
arose.’’.
SEC. 4. CONFORMING AMENDMENT.
The table of chapters for title 17, United States
Code, is amended by adding at the end the following:
‘‘12. Copyright Protection and Management Systems ......... 1201’’.
SEC. 5. EFFECTIVE DATE.
(a) IN GENERAL.—Subject to subsection (b), the
amendments made by this Act shall take effect on the date
of the enactment of this Act.
(b) AMENDMENTS RELATING TO CERTAIN INTER-
NATIONAL AGREEMENTS.—(1) The following shall take ef-
fect upon the entry into force of the WIPO Copyright
Treaty with respect to the United States:
(A) Paragraph (5) of the definition of ‘‘inter-
national agreement’’ contained in section 101 of title
17, United States Code, as amended by section
2(a)(4) of this Act.
(B) The amendment made by section 2(a)(6) of
this Act.
(C) Subparagraph (C) of section 104(h)(1) of
title 17, United States Code, as amended by section
2(c)(1) of this Act.
(D) Subparagraph (C) of section 104(h)(3) of
title 17, United States Code, as amended by section
2(c)(2) of this Act.
(2) The following shall take effect upon the entry into
force of the WIPO Performances and Phonograms Treaty
with respect to the United States:
(A) Paragraph (6) of the definition of ‘‘inter-
national agreement’’ contained in section 101 of title
17, United States Code, as amended by section
2(a)(4) of this Act.
(B) The amendment made by section 2(a)(7) of
this Act.
(C) The amendment made by section 2(b)(2) of
this Act.
(D) Subparagraph (D) of section 104(h)(1) of
title 17, United States Code, as amended by section
2(c)(1) of this Act.
(E) Subparagraph (D) of section 104(h)(3) of
title 17, United States Code, as amended by section
2(c)(2) of this Act.
(F) The amendments made by section 2(c)(3)
of this Act.
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