Federal Law Regarding Copyrights

Computer Services

 

Excerpts of applicable Federal Law regarding copyrights include:

17 § 101 – The term “financial gain” includes receipt, or expectation of receipt, or anything of value, including the receipt of other copyrighted works.

17 § 506(a)(1) – Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed-

(A) for purposes of commercial advantage or private 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 copyrighted 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.

18 § 2319 – Criminal infringement of a copyright

  1. Any person who violates 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.
  2. Any person who commits an offense under section 506 (a)(1)(A) or title 17 –
  3. shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, or at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
  4. shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
  5. shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.
  6. Any person who commits an offense under section 506 (a)(1)(B) of title 17 –
  7. shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, 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;
  8. shall be imprisoned not more than 6 years or fined in the amount set forth in this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
  9. shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, 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.
  10. Any person who commits an offense under section 506(a)(1)(C) of title 17 –
  11. Shall be imprisoned not more than 3 years, fined under this title, or both;
  12. shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposed of commercial advantage or private financial gain;
  13. shall be imprisoned not more than 6 years, fined under this title, or both, if the offense is a felony and is a second or subsequent offense under subsection (a); and
  14. shall be imprisoned not more than 10 years, fined under this title, or both, if the offense is a felony and is a second or subsequent offense under paragraph (2).

18 § 3571(b)(3) – Fines for individuals. – Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of for a felony, not more than $250,000.

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