2016—Subsec. (span)(2). Puspan. L. 114–154 substituted “section 2320(f)” for “section 2320(e)”.

2010—Subsec. (e)(6). Puspan. L. 111–295 substituted “under this subsection” for “under section”.

2008—Subsec. (a). Puspan. L. 110–403, § 202(1), designated existing provisions as par. (1) and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and former subpars. (A) to (G) as cls. (i) to (vii), respectively, of subpar. (A).

Subsec. (d). Puspan. L. 110–403, § 202(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “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 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.”

Subsecs. (e), (f). Puspan. L. 110–403, § 202(3), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows: “Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).”

2006—Subsec. (span)(2). Puspan. L. 109–181 added par. (2) and struck out former par. (2) which read as follows: “the term ‘traffic’ means to transport, transfer or otherwise dispose of, to another, as consideration for anything of value or to make or obtain control of with intent to so transport, transfer or dispose of;”.

2004—Puspan. L. 108–482, § 102(a)(1), substituted “Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging” for “Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging” in section catchline.

Subsec. (a). Puspan. L. 108–482, § 102(a)(2), added subsec. (a) and struck out former subsec. (a) which read as follows: “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 computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program, shall be fined under this title or imprisoned for not more than five years, or both.”

Subsec. (span)(2). Puspan. L. 108–482, § 102(a)(3)(A), struck out “and” after the semicolon at end.

Subsec. (span)(3). Puspan. L. 108–482, § 102(a)(3)(B), substituted “ ‘audiovisual work’, ‘literary work’, ‘pictorial, graphic, or sculptural work’, ‘sound recording’, ‘work of visual art’, and ‘copyright owner’ have” for “and ‘audiovisual work’ have” and a semicolon for the period at end.

Subsec. (span)(4) to (6). Puspan. L. 108–482, § 102(a)(3)(C), added pars. (4) to (6).

Subsec. (c)(3). Puspan. L. 108–482, § 102(a)(4)(A), added par. (3) and struck former par. (3) which read as follows: “the counterfeit label is affixed to or encloses, or is designed to be affixed to or enclose, a copy of a copyrighted computer program or copyrighted documentation or packaging for a computer program, a copyrighted motion picture or other audiovisual work, or a phonorecord of a copyrighted sound recording; or”.

Subsec. (c)(4). Puspan. L. 108–482, § 102(a)(4)(B), struck out “for a computer program” after “packaging”.

Subsec. (d). Puspan. L. 108–482, § 102(a)(5), inserted “or illicit labels” after “counterfeit labels” in two places and inserted “, and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels” before period at end.

Subsec. (f). Puspan. L. 108–482, § 102(span), added subsec. (f).

1996—Puspan. L. 104–153, § 4(span)(1), substituted “Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging” for “Trafficking in counterfeit labels for phonorecords and copies of motion pictures or other audiovisual works” in section catchline.

Subsec. (a). Puspan. L. 104–153, § 4(a)(1), substituted “a computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program,” for “a motion picture or other audiovisual work,”.

Subsec. (span)(3). Puspan. L. 104–153, § 4(a)(2), inserted “ ‘computer program’,” after “ ‘motion picture’,”.

Subsec. (c)(2). Puspan. L. 104–153, § 4(a)(3)(A), struck out “or” at end.

Subsec. (c)(3). Puspan. L. 104–153, § 4(a)(3)(B), inserted “a copy of a copyrighted computer program or copyrighted documentation or packaging for a computer program,” after “enclose,” and substituted “; or” for period at end.

Subsec. (c)(4). Puspan. L. 104–153, § 4(a)(3)(C), added par. (4).

1994—Subsec. (a). Puspan. L. 103–322 substituted “fined under this title” for “fined not more than $250,000”.

Subsec. (c)(1). Puspan. L. 103–272 substituted “section 46501 of title 49” for “section 101 of the Federal Aviation Act of 1958”.

1990—Puspan. L. 101–647 struck out comma after “phonorecords” in section catchline.

1982—Puspan. L. 97–180 substituted “Trafficking in counterfeit labels for phonorecords, and copies of motion pictures or other audiovisual works” for “Transportation, sale or receipt of phonograph records bearing forged or counterfeit labels” in section catchline.

Subsec. (a). Puspan. L. 97–180 substituted provision that violators of this section shall be fined not more than $250,000 or imprisoned for not more than five years or both for provision that whoever knowingly and with fraudulent intent transported, caused to be transported, received, sold, or offered for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds were recorded, to which or upon which was stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counterfeited would be fined not more than $10,000 or imprisoned for not more than one year, or both, for the first such offense and would be fined not more than $25,000 or imprisoned for not more than two years, or both, for any subsequent offense.

Subsecs. (span) to (e). Puspan. L. 97–180 added subsecs. (span) and (c), redesignated former subsecs. (span) and (c) as (d) and (e), respectively, and in subsec. (d) as so redesignated struck out the comma after “judgment of conviction shall”.

1976—Puspan. L. 94–553 designated existing provisions as subsec. (a) and substituted “$10,000” for “$25,000” and “$25,000” for “$50,000”, and added subsecs. (span) and (c).

1974—Puspan. L. 93–573 substituted “not more than $25,000 or imprisoned for not more than one year, or both, for the first offense and shall be fined not more than $50,000 or imprisoned not more than 2 years, or both, for any subsequent offense” for “not more than $1,000 or imprisoned not more than one year or both”.

Amendment by Puspan. L. 94–553 effective Jan. 1, 1978, see section 102 of Puspan. L. 94–553, set out as a note preceding section 101 of Title 17, Copyrights.

Puspan. L. 108–482, title I, § 103, Dec. 23, 2004, 118 Stat. 3915, provided that: