Intellectual Property Protection and Courts Amendments Act of 2004
PL 108-482 (H.R.3632), enacted 12/23/2004

118 STAT. 3912
PUBLIC LAW 108–482—DEC. 23, 2004
Public Law 108–482
108th Congress
An Act
To prevent and punish counterfeiting of copyrighted copies and phonorecords, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Intellectual Property Protection
and Courts Amendments Act of 2004’’.
TITLE I—ANTI-COUNTERFEITING
PROVISIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Anti-counterfeiting Amendments
Act of 2004’’.
SEC. 102. PROHIBITION AGAINST TRAFFICKING IN COUNTERFEIT
COMPONENTS.
(a) IN GENERAL.—Section 2318 of title 18, United States Code,
is amended—
(1) by striking the section heading and inserting the fol-
lowing:
‘‘§ 2318. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging’’;
(2) by striking subsection (a) and inserting the following:
‘‘(a) Whoever, in any of the circumstances described in sub-
section (c), knowingly traffics in—
‘‘(1) a counterfeit label or illicit label affixed to, enclosing,
or accompanying, or designed to be affixed to, enclose, or
accompany—
‘‘(A) a phonorecord;
‘‘(B) a copy of a computer program;
‘‘(C) a copy of a motion picture or other audiovisual
work;
‘‘(D) a copy of a literary work;
‘‘(E) a copy of a pictorial, graphic, or sculptural work;
‘‘(F) a work of visual art; or
‘‘(G) documentation or packaging; or
‘‘(2) counterfeit documentation or packaging,
shall be fined under this title or imprisoned for not more than
5 years, or both.’’;
(3) in subsection (b)—
18 USC 2311
note.
Anti-
counterfeiting
Amendments Act
of 2004.
15 USC 1051
note.
Intellectual
Property
Protection and
Courts
Amendments Act
of 2004.
Dec. 23, 2004
[H.R. 3632]
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118 STAT. 3913
PUBLIC LAW 108–482—DEC. 23, 2004
(A) in paragraph (2), by striking ‘‘and’’ after the semi-
colon;
(B) in paragraph (3)—
(i) by striking ‘‘and ‘audiovisual work’ have’’ and
inserting the following: ‘‘ ‘audiovisual work’, ‘literary
work’, ‘pictorial, graphic, or sculptural work’, ‘sound
recording’, ‘work of visual art’, and ‘copyright owner’
have’’; and
(ii) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
‘‘(4) the term ‘illicit label’ means a genuine certificate,
licensing document, registration card, or similar labeling
component—
‘‘(A) that is used by the copyright owner to verify
that a phonorecord, a copy of a computer program, a copy
of a motion picture or other audiovisual work, a copy of
a literary work, a copy of a pictorial, graphic, or sculptural
work, a work of visual art, or documentation or packaging
is not counterfeit or infringing of any copyright; and
‘‘(B) that is, without the authorization of the copyright
owner—
‘‘(i) distributed or intended for distribution not in
connection with the copy, phonorecord, or work of
visual art to which such labeling component was
intended to be affixed by the respective copyright
owner; or
‘‘(ii) in connection with a genuine certificate or
licensing document, knowingly falsified in order to des-
ignate a higher number of licensed users or copies
than authorized by the copyright owner, unless that
certificate or document is used by the copyright owner
solely for the purpose of monitoring or tracking the
copyright owner’s distribution channel and not for the
purpose of verifying that a copy or phonorecord is
noninfringing;
‘‘(5) the term ‘documentation or packaging’ means docu-
mentation or packaging, in physical form, for a phonorecord,
copy of a computer program, copy of a motion picture or other
audiovisual work, copy of a literary work, copy of a pictorial,
graphic, or sculptural work, or work of visual art; and
‘‘(6) the term ‘counterfeit documentation or packaging’
means documentation or packaging that appears to be genuine,
but is not.’’;
(4) in subsection (c)—
(A) by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) the counterfeit label or illicit label is affixed to,
encloses, or accompanies, or is designed to be affixed to, enclose,
or accompany—
‘‘(A) a phonorecord of a copyrighted sound recording
or copyrighted musical work;
‘‘(B) a copy of a copyrighted computer program;
‘‘(C) a copy of a copyrighted motion picture or other
audiovisual work;
‘‘(D) a copy of a literary work;
‘‘(E) a copy of a pictorial, graphic, or sculptural work;
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118 STAT. 3914
PUBLIC LAW 108–482—DEC. 23, 2004
‘‘(F) a work of visual art; or
‘‘(G) copyrighted documentation or packaging; or’’; and
(B) in paragraph (4), by striking ‘‘for a computer pro-
gram’’; and
(5) in subsection (d)—
(A) by inserting ‘‘or illicit labels’’ after ‘‘counterfeit
labels’’ each place it appears; and
(B) by inserting before the period at the end the fol-
lowing: ‘‘, and of any equipment, device, or material used
to manufacture, reproduce, or assemble the counterfeit
labels or illicit labels’’.
(b) CIVIL REMEDIES.—Section 2318 of title 18, United States
Code, is further amended by adding at the end the following:
‘‘(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 subsection
(a);
‘‘(B) at any time while the action is pending, may
order the impounding, on such terms as the court deter-
mines 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 profits
of the violator, as provided in paragraph (3); or
‘‘(II) statutory damages, as provided in paragraph
(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 attributable
to a violation of subsection (a) and are not taken into
account in computing the actual damages.
‘‘(B) CALCULATION OF DAMAGES.—The court shall cal-
culate 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.
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118 STAT. 3915
PUBLIC LAW 108–482—DEC. 23, 2004
‘‘(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 program,
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 author-
ized 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 literary
work;
‘‘(v) in the case of a pictorial, graphic, or sculptural
work, the retail value of an authorized copy of that
work; and
‘‘(vi) in the case of a work of visual art, the retail
value of that work.
‘‘(4) STATUTORY DAMAGES.—The injured party may elect,
at any time before final judgment is rendered, to recover,
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 considers appro-
priate, 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 viola-
tion of subsection (a).’’.
(c) CONFORMING AMENDMENT.—The item relating to section
2318 in the table of sections for chapter 113 of title 18, United
States Code, is amended to read as follows:
‘‘2318. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation
or packaging.’’.
SEC. 103. OTHER RIGHTS NOT AFFECTED.
(a) CHAPTERS 5 AND 12 OF TITLE 17; ELECTRONIC TRANS-
MISSIONS.—The amendments made by this title—
(1) shall not enlarge, diminish, or otherwise affect any
liability or limitations on liability under sections 512, 1201
or 1202 of title 17, United States Code; and
(2) shall not be construed to apply—
(A) in any case, to the electronic transmission of a
genuine certificate, licensing document, registration card,
similar labeling component, or documentation or packaging
described in paragraph (4) or (5) of section 2318(b) of
title 18, United States Code, as amended by this title;
and
18 USC 2318
note.
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118 STAT. 3916
PUBLIC LAW 108–482—DEC. 23, 2004
(B) in the case of a civil action under section 2318(f)
of title 18, United States Code, to the electronic trans-
mission of a counterfeit label or counterfeit documentation
or packaging defined in paragraph (1) or (6) of section
2318(b) of title 18, United States Code.
(b) FAIR USE.—The amendments made by this title shall not
affect the fair use, under section 107 of title 17, United States
Code, of a genuine certificate, licensing document, registration card,
similar labeling component, or documentation or packaging
described in paragraph (4) or (5) of section 2318(b) of title 18,
United States Code, as amended by this title.
TITLE II—FRAUDULENT ONLINE
IDENTITY SANCTIONS
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Fraudulent Online Identity
Sanctions Act’’.
SEC. 202. AMENDMENT TO TRADEMARK ACT OF 1946.
Section 35 of the Act entitled ‘‘An Act to provide for the registra-
tion and protection of trademarks used in commerce, to carry out
the provisions of certain international conventions, and for other
purposes’’, approved July 5, 1946 (commonly referred to as the
‘‘Trademark Act of 1946’’; 15 U.S.C. 1117), is amended by adding
at the end the following new subsection:
‘‘(e) In the case of a violation referred to in this section, it
shall be a rebuttable presumption that the violation is willful for
purposes of determining relief if the violator, or a person acting
in concert with the violator, knowingly provided or knowingly
caused to be provided materially false contact information to a
domain name registrar, domain name registry, or other domain
name registration authority in registering, maintaining, or renewing
a domain name used in connection with the violation. Nothing
in this subsection limits what may be considered a willful violation
under this section.’’.
SEC. 203. AMENDMENT TO TITLE 17, UNITED STATES CODE.
Section 504(c) of title 17, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) (A) In a case of infringement, it shall be a rebuttable
presumption that the infringement was committed willfully
for purposes of determining relief if the violator, or a person
acting in concert with the violator, knowingly provided or know-
ingly caused to be provided materially false contact information
to a domain name registrar, domain name registry, or other
domain name registration authority in registering, maintaining,
or renewing a domain name used in connection with the
infringement.
‘‘(B) Nothing in this paragraph limits what may be consid-
ered willful infringement under this subsection.
‘‘(C) For purposes of this paragraph, the term ‘domain
name’ has the meaning given that term in section 45 of the
Act entitled ‘An Act to provide for the registration and protec-
tion of trademarks used in commerce, to carry out the provisions
of certain international conventions, and for other purposes’
15 USC 1051
note.
Fraudulent
Online Identity
Sanctions Act.
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118 STAT. 3917
PUBLIC LAW 108–482—DEC. 23, 2004
approved July 5, 1946 (commonly referred to as the ‘Trademark
Act of 1946’; 15 U.S.C. 1127).’’.
SEC. 204. AMENDMENT TO TITLE 18, UNITED STATES CODE.
(a) SENTENCING
ENHANCEMENT.—Section 3559 of title 18,
United States Code, is amended by adding at the end the following:
‘‘(f)(1) If a defendant who is convicted of a felony offense (other
than offense of which an element is the false registration of a
domain name) knowingly falsely registered a domain name and
knowingly used that domain name in the course of that offense,
the maximum imprisonment otherwise provided by law for that
offense shall be doubled or increased by 7 years, whichever is
less.
‘‘(2) As used in this section—
‘‘(A) the term ‘falsely registers’ means registers in a manner
that prevents the effective identification of or contact with
the person who registers; and
‘‘(B) the term ‘domain name’ has the meaning given that
term is section 45 of the Act entitled ‘An Act to provide for
the registration and protection of trademarks used in commerce,
to carry out the provisions of certain international conventions,
and for other purposes’ approved July 5, 1946 (commonly
referred to as the ‘Trademark Act of 1946’) (15 U.S.C. 1127).’’.
(b) UNITED STATES SENTENCING COMMISSION.—
(1) DIRECTIVE.—Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission shall
review and amend the sentencing guidelines and policy state-
ments to ensure that the applicable guideline range for a
defendant convicted of any felony offense carried out online
that may be facilitated through the use of a domain name
registered with materially false contact information is suffi-
ciently stringent to deter commission of such acts.
(2) REQUIREMENTS.—In carrying out this subsection, the
Sentencing Commission shall provide sentencing enhancements
for anyone convicted of any felony offense furthered through
knowingly providing or knowingly causing to be provided mate-
rially false contact information to a domain name registrar,
domain name registry, or other domain name registration
authority in registering, maintaining, or renewing a domain
name used in connection with the violation.
(3) DEFINITION.—For purposes of this subsection, the term
‘‘domain name’’ has the meaning given that term in section
45 of the Act entitled ‘‘An Act to provide for the registration
and protection of trademarks used in commerce, to carry out
the provisions of certain international conventions, and for
other purposes’’, approved July 5, 1946 (commonly referred
to as the ‘‘Trademark Act of 1946’’; 15 U.S.C. 1127).
SEC. 205. CONSTRUCTION.
(a) FREE SPEECH AND PRESS.—Nothing in this title shall enlarge
or diminish any rights of free speech or of the press for activities
related to the registration or use of domain names.
(b) DISCRETION OF COURTS IN DETERMINING RELIEF.—Nothing
in this title shall restrict the discretion of a court in determining
damages or other relief to be assessed against a person found
liable for the infringement of intellectual property rights.
15 USC 1117
note.
Guidelines.
28 USC 994 note.
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118 STAT. 3918
PUBLIC LAW 108–482—DEC. 23, 2004
LEGISLATIVE HISTORY—H.R. 3632 (S. 2227):
HOUSE REPORTS: No. 108–600 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 21, considered and passed House.
Dec. 8, considered and passed Senate.
(c) DISCRETION OF COURTS IN DETERMINING TERMS OF IMPRIS-
ONMENT.—Nothing in this title shall be construed to limit the
discretion of a court to determine the appropriate term of imprison-
ment for an offense under applicable law.
TITLE III—COURTS
SEC. 301. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT
OF COLORADO.
Section 85 of title 28, United States Code, is amended by
inserting ‘‘Colorado Springs,’’ after ‘‘Boulder,’’.
SEC. 302. PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT
OF NEW YORK.
Section 112(a) of title 28, United States Code, is amended
by inserting ‘‘Plattsburgh,’’ after ‘‘Malone,’’.
Approved December 23, 2004.
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