The Executive Office of United States Attorneys (EOUSA) in the US Department of Justice is charged with compiling statistics regarding cases referred to the Department of Justice by other federal agencies for prosecution under federal criminal laws. The statistics include only cases reported to the EOUSA and do not include cases prosecuted under state criminal laws. Those statistics also do not reflect the imposition of criminal fines which can either supplement or substitute for imprisonment.
Copyright-related Criminal Provisions
Three Federal crimes, 18 U.S.C. §§ 2318, 2319 and 2319A, relate to copyright infringement. In fiscal years 1996 and 1997, the reported statistics indicate that a total of 146 defendants were prosecuted under these statutes, with 67 being convicted after a plea or trial. Of those convicted, 20 received jail sentences. The following tables contain reported statistics for fiscal year 1996 and 1997, segregated by statutory provision, and preceded by a brief description of each offence.
Title 18, United States Code, Section 2318 (18 U.S.C. § 2318) – Trafficking in Counterfeit Labels for Phonorecords, and Copies of Motion pictures or Other Audiovisual Works. Offence: knowingly trafficking in a counterfeit label affixed or designed to be affixed to a phonorecord or a copy of a motion picture or other audiovisual work.
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Title 18, United States Code, Section 2319 (18 U.S.C. § 2319) – Criminal Infringement of a Copyright. Offence: willful infringement of a copyright for purposes of commercial advantage or private financial gain.
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Title 18, United States Code, Section 2319A (18 U.S.C. § 2319A) – Unauthorized Fixation of and Trafficking in Sound Recordings and Music Videos of Live Musical Performances. Offence: without the consent of the performer, knowingly and for purposes of commercial advantage or private financial gain, fixing the sounds or sounds and images of a live musical performance, reproducing copies of such a performance from an unauthorized fixation, transmitting the sounds or sounds and images to the public, or distributing, renting, selling, or trafficking (or attempting the preceding) in any copy of an unauthorized fixation.
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In order to provide some information regarding fines and monetary restitution, information not maintained by EOUSA, the Government of the United States requested the assistance of copyright industry groups. The following charts contain information supplied by those industry groups, as well as information on state criminal actions.
US COPYRIGHT ENFORCEMENT STATISTICS: FEDERAL CRIMINAL ACTIONS
Fines and Monetary Restitution
(1996 and 1997 (January – 30 June 1997))
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US ENFORCEMENT STATISTICS: STATE CRIMINAL ACTIONS
(1996 and 1997 (January – June 30, 1997))
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Trademark-related Criminal Provision: Reported information regarding criminal actions in connection with trademark rights are summarized in the table below, following the description of the relevant criminal law.
Title 18, United States Code, Section 2320 (18 U.S.C. § 2320) – Trafficking in Counterfeit Goods or Services. Offence: intentionally trafficking or attempting to traffic in goods or services and knowingly using a counterfeit mark on or in connection with such goods or services.
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