§1204 — Title 17 Copyrights | U.S. Code

Summary

Intentionally violating sections 1201 or 1202 to get money or a business advantage is a crime. First offense: up to $500,000 fine and/or 5 years in prison. Later offenses: up to $1,000,000 fine and/or 10 years in prison. Nonprofit libraries (lend materials), archives (store records), schools/colleges, and public broadcasters (public radio/TV) are exempt. Criminal cases must start within 5 years.

Title 17, §1204

Copyrights — Source: USLM XML via OLRC

(a)Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain—

(1)shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and

(2)shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense.

(b)Subsection (a) shall not apply to a nonprofit library, archives, educational institution, or public broadcasting entity (as defined under section 118(f)).

(c)No criminal proceeding shall be brought under this section unless such proceeding is commenced within 5 years after the cause of action arose.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (b). Pub. L. 111–295 substituted “118(f)” for “118(g)”. 1999—Subsec. (b). Pub. L. 106–113 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Subsection (a) shall not apply to a nonprofit library, archives, or educational institution.”

§1204 Criminal offenses and penalties

Summary

Title 17, §1204

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata