Piracy and Counterfeiting Amendments Act of 1982
PL 97-180 (S.691), enacted 05/24/1982

PUBLIC LAW 97-180—MAY 24, 1982 
96 STAT. 91 
Public Law 97-180 
97th Congress 
An Act 
To amend titles 18 and 17 of the United States Code to strengthen the laws against 
record, tape, and film piracy and counterfeiting, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Piracy and Counterfeiting Amendments Act of 
1982". 
SEC. 2. Section 2318 of title 18, United States Code, is amended to 
read as follows: 
"§2318. TrafHcking in counterfeit labels for phonorecords, and 
copies of motion pictures or other audiovisual works 
"(a) Whoever, in any of the circumstances described in subsection 
(c) of this section, knowingly traffics in a counterfeit label affixed 
or designed to be affixed to a phonorecord, or a copy of a motion 
picture or other audiovisual work, shall be fined not more than 
$250,000 or imprisoned for not more than five years, or both. 
"Ot)) As used in this section— 
"(1) the term 'counterfeit label' means an identifying label or 
container that appears to be genuine, but is not; 
"(2) the term 'traffic' means to transport, transfer or other-
wise dispose of, to another, as consideration for anj^hing of 
value or to make or obtain control of with intent to so trans-
port, transfer or dispose of; and 
"(3) the terms 'copy', 'phonorecord', 'motion picture', and 
'audiovisual work' have, respectively, the meanings given those 
terms in section 101 (relating to definitions) of title 17. 
"(c) The circumstances referred to in subsection (a) of this section 
are— 
"(1) the offense is committed within the special maritime 
and territorial jurisdiction of the United States; or within the 
special aircraft jurisdiction of the United States (as defined in 
section 101 of the Federal Aviation Act of 1958); 
"(2) the mail or a facility of interstate or foreign commerce is 
used or intended to be used in the commission of the offense; 
or 
"(3) the counterfeit label is affixed to or encloses, or is 
designed to be affixed to or enclose, a copjnrighted motion pic-
ture or other audiovisucd work, or a phonorecord of a copy-
righted sound recording. 
"(d) When any person is convicted of any violation of subsection 
(a), the court in its judgment of conviction shall in addition to the 
penalty therein prescribed, order the forfeiture and destruction or 
other disposition of all counterfeit labels and all articles to which 
counterfeit labels have been affixed or which were intended to 
have had such labels affixed. 
May 24, 1982 
[S. 691] 
Piracy and 
Counterfeiting 
Amendments 
Act of 1982. 
18 u s e 2311 
note. 
Definitions. 
49 u s e 1301. 
96 STAT. 92 
PUBLIC LAW 97-180—MAY 24, 1982 
"(e) Except to the extent they are inconsistent with the provi-
sions of this title, all provisions of section 509, title 17, United 
States Code, are applicable to violations of subsection (a).". 
SEC. 3. Title 18, United States Code, is amended by inserting 
after section 2318 the following new section: 
18 use 2319 
"§ 2319. Criminal infringement of a copyright 
"(a) Whoever violates section 506(a) (relating to criminal offenses) 
of title 17 shall be punished as provided in subsection (b) of this 
section and such penalties shall be in addition to any other provi-
sions of title 17 or any other law. 
"(h) Any person who commits an offense under subsection (a) of 
this section— 
"(1) shall be fined not more than $250,000 or imprisoned for 
not more than five years, or both, if the offense— 
"(A) involves the reproduction or distribution, during 
any one-hundred-and-eighty-day period, of at least one 
thousand phonorecords or copies infringing the copyright 
in one or more sound recordings; 
"(B) involves the reproduction or distribution, during 
any one-hundred-and-eighty-day period, of at least sixty-
five copies infringing the copyright in one or more motion 
pictures or other audiovisual works; or 
"(C) is a second or subsequent offense under either of 
subsection Ot)Xl) or Ot))(2) of this section, where a prior 
offense involved a sound recording, or a motion picture or 
other audiovisual work; 
"(2) shall be fined not more than $250,000 or imprisoned for 
not more than two years, or both, if the offense— 
"(A) involves the reproduction or distribution, during 
any one-hundred-and-eighty-day period, of more than one 
hundred but less than one thousand phonorecords or 
copies infringing the copyright in one or more sound 
recordings; or 
"(B) involves the reproduction or distribution, during 
any one-hundred-and-eighty-day 
period, of more than 
seven but less than sixty-five copies infringing the copy-
right in one or more motion pictures or other audiovisual 
works; and 
"(3) shall be fined not more than $25,000 or imprisoned for 
not more than one year, or both, in any other case. 
Definitions. 
"(c) As used in this section— 
"(1) the terms 'sound recording', 'motion picture', 'audiovis-
ual work', 'phonorecord', and 'copies' have, respectively, the 
meanings set forth in section 101 (relating to definitions) of 
title 17; and 
"(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 copy-
righted works), as limited by sections 107 through 118, of title 
17.". 
SEC. 4. The table of sections for chapter 113 of title 18 of the 
United States Code is amended by striking out the item relating to 
section 2318 and inserting in lieu thereof the following: 
PUBLIC LAW 97-180—MAY 24, 1982 
96 STAT. 93 
"2318. Trafficking in counterfeit labels for phonorecords and copies of motion pic-
tures or other audiovisual works. 
"2319. Criminal infringement of a copyright.". 
SEC. 5. Section 506(a) of title 17, United States Code, is amended 
to read as follows: 
"(a) CRIMINAL INFRINGEMENT.—Any person who infringes a copy-
right willfully and for purposes of commercial advantage or private 
financial 
gain shall be punished as provided in section 2319 of 
Ante, p. 92. 
title 18.". 
Approved May 24, 1982. 
LEGISLATIVE HISTORY—S. 691 (H.R. 3530): 
HOUSE REPORT No. 97-495 accompanying H.R. 3530 (Comm. on the Judiciary). 
SENATE REPORT No. 97-274 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): Dec. 1, considered and passed Senate. 
Vol. 128 (1982): May 10, H.R. 3530 considered and passed House, amended; 
passage vacated and S. 691 passed in lieu.