§ 1204 - Criminal offenses and penalties

CHAPTER 12— COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS

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

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

(a)(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

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.”