17 U.S.C. § 506

Criminal offenses

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(a)Criminal Infringement.—(1)In general.—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.(2)Evidence.—For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.(3)Definition.—In this subsection, the term “work being prepared for commercial distribution” means—(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution—(i) the copyright owner has a reasonable expectation of commercial distribution; and(ii) the copies or phonorecords of the work have not been commercially distributed; or(B) a motion picture, if, at the time of unauthorized distribution, the motion picture—(i) has been made available for viewing in a motion picture exhibition facility; and(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.(b)Forfeiture, Destruction, and Restitution.—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323 of title 18, to the extent provided in that section, in addition to any other similar remedies provided by law.(c)Fraudulent Copyright Notice.—Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.(d)Fraudulent Removal of Copyright Notice.—Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.(e)False Representation.—Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.(f)Rights of Attribution and Integrity.—Nothing in this section applies to infringement of the rights conferred by section 106A(a).(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2586; Pub. L. 97–180, § 5, May 24, 1982, 96 Stat. 93; Pub. L. 101–650, title VI, § 606(b), Dec. 1, 1990, 104 Stat. 5131; Pub. L. 105–147, § 2(b), Dec. 16, 1997, 111 Stat. 2678; Pub. L. 109–9, title I, § 103(a), Apr. 27, 2005, 119 Stat. 220; Pub. L. 110–403, title II, § 201(a), Oct. 13, 2008, 122 Stat. 4260.)Historical and Revision Noteshouse report no. 94–1476

Four types of criminal offenses actionable under the bill are listed in section 506: willful infringement for profit, fraudulent use of a copyright notice, fraudulent removal of notice, and false representation in connection with a copyright application. The maximum fine on conviction has been increased to $10,000 and, in conformity with the general pattern of the Criminal Code (18 U.S.C.), no minimum fines have been provided. In addition to or instead of a fine, conviction for criminal infringement under section 506(a) can carry with it a sentence of imprisonment of up to one year. Section 506(b) deals with seizure, forfeiture, and destruction of material involved in cases of criminal infringement.

Section 506(a) contains a special provision applying to any person who infringes willfully and for purposes of commercial advantage the copyright in a sound recording or a motion picture. For the first such offense a person shall be fined not more than $25,000 or imprisoned for not more than one year, or both. For any subsequent offense a person shall be fined not more than $50,000 or imprisoned not more than two years, or both.

Editorial NotesAmendments

2008—Subsec. (b). Pub. L. 110–403 amended subsec. (b) generally. Prior to amendment, text 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 infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.”

2005—Subsec. (a). Pub. L. 109–9 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Any person who infringes a copyright willfully either—

“(1) for purposes of commercial advantage or private financial gain, or

“(2) 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,

shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.”

1997—Subsec. (a). Pub. L. 105–147 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

“(a) Criminal Infringement.—Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished as provided in section 2319 of title 18.”

1990—Subsec. (f). Pub. L. 101–650 added subsec. (f).

1982—Subsec. (a). Pub. L. 97–180 substituted “shall be punished as provided in section 2319 of title 18” for “shall be fined not more than $10,000 or imprisoned for not more than one year, or both: Provided, however, That any person who infringes willfully and for purposes of commercial advantage or private financial gain the copyright in a sound recording afforded by subsections (1), (2), or (3) of section 106 or the copyright in a motion picture afforded by subsections (1), (3), or (4) of section 106 shall be fined not more than $25,000 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more than $50,000 or imprisoned for not more than two years, or both, for any subsequent offense”.

Statutory Notes and Related SubsidiariesEffective Date of 1990 Amendment

Amendment by Pub. L. 101–650 effective 6 months after Dec. 1, 1990, see section 610 of Pub. L. 101–650, set out as an Effective Date note under section 106A of this title.

Notes of Decisions

Cited in 181 cases (23 in the last 5 years), 1978–2025 · leading case: Dowling v. United States, 473 U.S. 207 (1985).

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Dowling v. United States, 473 U.S. 207 (1985). · cites it 6× “§ 2314 ; nine counts of copyright infringement, in violation of 17 U. S. C. § 506 (a); and three counts of mail fraud, in violation of 18 U.”

United States v. Julius Chow Lieh Liu, 731 F.3d 982 (9th Cir. 2013). · cites it 7× “Liu’s Convictions and Sentence The government charged Liu with three counts of criminal copyright infringement under 17 U.S.C. § 506 (a)(1)(A) and 18 U.S.C. § 2319 (b)(1) based on the music CDs, the Crouching Tiger DVD, and the Norton Anti-Virus software.”

United States v. Vampire Nation A/K/A Fredrik Von Hamilton A/K/A Frederick Hamilton Banks, Frederick H. Banks, 451 F.3d 189 (3rd Cir. 2006). · cites it 3× “§ 1341 (Counts One, Two, and Three); one count of copyright infringement, 17 U.S.C. § 506 (a)(1) and 18 U.S.C. § 2319 (b)(1) (Count Four); one count of money laundering, 18 U.”

Zaragoza-vaquero, 26 I. & N. Dec. 814 (BIA 2016). · cites it 14× “Department of Justice Executive Office for Immigration Review Board of Immigration Appeals The offense of criminal copyright infringement in violation of 17 U.S.C. § 506 (a)(1)(A) (2012) and 18 U.”

United States v. Coleman, 609 F.3d 699 (5th Cir. 2010). · cites it 3× “§ 605 (e)(4), and to willfully infringe a copyright in violation of the Criminal Copyright Infringement Statute, 17 U.S.C. § 506 (A). See United States v.”

United States v. Jan Manzer, Doing Bus. as V.C. Hacker, Also Known as Don Davis, 69 F.3d 222 (8th Cir. 1995). · cites it 5× “§§ 1343 and 1342 (1988), and one count of copyright infringement in violation of 17 U.S.C. § 506 (a) (1988). Manzer also appeals his sentence under the United States Sentencing Guidelines.”

United States v. William Richard Minor, 846 F.2d 1184 (9th Cir. 1988). · cites it 5× “Facts Minor was convicted by a jury of six counts of criminal copyright infringement under 17 U.S.C. § 506 (a) (Supp. Y 1981), two counts of interstate transportation of stolen property under 18 U.”

Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417 (1984). · cites it 2× “" [15] Moreover, anyone who willfully infringes the copyright to reproduce a motion picture for purposes of commercial advantage or private financial gain is subject to substantial criminal penalties, 17 U. S. C. § 506 (a) (1982 ed.), and the fruits and instrumentalities of the…”

BWP Media USA Inc. v. Hollywood Fan Sites, LLC, 69 F. Supp. 3d 342 (S.D.N.Y. 2014). · cites it 3× “” 17 U.S.C. § 506 (a)(1). Courts have held (and the parties here assume) that “willfulness,” for purposes of a criminal copyright violation, requires “proof of the defendant’s specific intent to violate someone’s copyright” — that is to say, a “voluntary, intentional violation…”

United States v. Barbara Gottesman, 724 F.2d 1517 (11th Cir. 1984). · cites it 8× “§ 1962 (c) (Count I), one count of criminal copyright infringement, 17 U.S.C. § 506 (a) (Count II), and two counts of interstate transportation of stolen property, 18 U.”

United States v. Chalupnik, 514 F.3d 748 (8th Cir. 2008). · cites it 3× “Initially charged with felony mail theft, Chalupnik pleaded guilty to misdemeanor copyright infringement in violation of 17 U.S.C. § 506 (a) and 18 U.S.C. § 2319 (b)(3).”

Bobbleheads.com, LLC v. Wright Bros., Inc., 259 F. Supp. 3d 1087 (S.D. Cal. 2017). · cites it 3× “28-1 (citing 17 U.S.C. § 506 (c)) (criminalizing fraudulent use of copyright notice), Donald Frederick Evans v.”

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— 17 U.S.C. § 506(a)(1) — 1 case

People v. Williams, 920 N.E.2d 446 (Ill. 2009).

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