Title 18 — Crimes and Criminal ProcedureRelease 119-73
§2319A Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances
Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 113— - STOLEN PROPERTY › § 2319A
Summary
Makes it a crime to record, copy, share, or sell a live musical performance without the performer’s permission when done to get commercial advantage or private money. That covers secretly making or copying a recording, sending the sounds or videos to the public, or distributing, selling, renting, or trafficking in those recordings. Confiscation, destruction, and payment of losses are handled under section 2323 and other laws. Recordings made abroad without permission can be seized and forfeited like goods imported in violation of customs rules. The Secretary of Homeland Security must make rules so a performer can pay a fee to get notice from U.S. Customs and Border Protection when such recordings appear to be imported. Victims can give an impact statement during the presentence report that describes who was harmed and the economic loss; this can include producers, sellers, rights holders, and their lawyers. The terms copy, fixed, musical work, phonorecord, reproduce, sound recordings, and transmit have the meanings given in Title 17; traffic has the meaning in section 2320(e). This law applies to acts on or after the date of the enactment of the Uruguay Round Agreements Act.
Full Legal Text
Title 18, §2319A
Crimes and Criminal Procedure — Source: USLM XML via OLRC
(a)Whoever, without the consent of the performer or performers involved, knowingly and for purposes of commercial advantage or private financial gain—
(1)fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation;
(2)transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance; or
(3)distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States;
(b)Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.
(c)If copies or phonorecords of sounds or sounds and images of a live musical performance are fixed outside of the United States without the consent of the performer or performers involved, such copies or phonorecords are subject to seizure and forfeiture in the United States in the same manner as property imported in violation of the customs laws. The Secretary of Homeland Security shall issue regulations by which any performer may, upon payment of a specified fee, be entitled to notification by United States Customs and Border Protection of the importation of copies or phonorecords that appear to consist of unauthorized fixations of the sounds or sounds and images of a live musical performance.
(d)(1)During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
(2)Persons permitted to submit victim impact statements shall include—
(A)producers and sellers of legitimate works affected by conduct involved in the offense;
(B)holders of intellectual property rights in such works; and
(C)the legal representatives of such producers, sellers, and holders.
(e)As used in this section—
(1)the terms “copy”, “fixed”, “musical work”, “phonorecord”, “reproduce”, “sound recordings”, and “transmit” mean those terms within the meaning of title 17; and
(2)the term “traffic” has the same meaning as in section 2320(e) 11 See References in Text note below. of this title.
(f)This section shall apply to any Act or Acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (d)(1), are set out in the Appendix to this title. section 2320 of this title, referred to in subsec. (e)(2), was amended generally by Pub. L. 112–81, div. A, title VIII, § 818(h), Dec. 31, 2011, 125 Stat. 1497, and, as so amended, provisions similar to those formerly appearing in subsec. (e) are now contained in subsec. (f). The date of the enactment of the Uruguay Round Agreements Act, referred to in subsec. (f), is the date of enactment of Pub. L. 103–465, which was approved Dec. 8, 1994.
Amendments
2008—Subsec. (b). Pub. L. 110–403, § 203(a), amended subsec. (b) generally. Prior to amendment, text read as follows: “When a person is convicted of a violation of subsection (a), the court shall order the forfeiture and destruction of any copies or phonorecords created in violation thereof, as well as any plates, molds, matrices, masters, tapes, and film negatives by means of which such copies or phonorecords may be made. The court may also, in its discretion, order the forfeiture and destruction of any other equipment by means of which such copies or phonorecords may be reproduced, taking into account the nature, scope, and proportionality of the use of the equipment in the offense.” Subsec. (c). Pub. L. 110–403, § 203(b), substituted “The Secretary of Homeland Security shall issue
Regulations
by which any performer may, upon payment of a specified fee, be entitled to notification by United States Customs and Border Protection of the importation of copies or phonorecords that appear to consist of unauthorized fixations of the sounds or sounds and images of a live musical performance.” for “The Secretary of the Treasury shall, not later than 60 days after the date of the enactment of the Uruguay Round Agreements Act, issue
Regulations
to carry out this subsection, including
Regulations
by which any performer may, upon payment of a specified fee, be entitled to notification by the United States Customs Service of the importation of copies or phonorecords that appear to consist of unauthorized fixations of the sounds or sounds and images of a live musical performance.” 2006—Subsec. (e)(2). Pub. L. 109–181 added par. (2) and struck out former par. (2) which read as follows: “the term ‘traffic in’ means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of.” 1997—Subsecs. (d) to (f). Pub. L. 105–147 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For
Transfer of Functions
, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
Reference
Citations & Metadata
Citation
18 U.S.C. § 2319A
Title 18 — Crimes and Criminal Procedure
Last Updated
Apr 6, 2026
Release point: 119-73