Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
84 lines
5.0 KiB
Markdown
84 lines
5.0 KiB
Markdown
---
|
||
type: "LegalText"
|
||
title: "18 U.S.C. § 2319C"
|
||
description: "Illicit digital transmission services"
|
||
jurisdiction: "us"
|
||
corpus: "united_states_code"
|
||
kind: "code_section"
|
||
title_number: 18
|
||
title_name: "CRIMES AND CRIMINAL PROCEDURE"
|
||
chapter_number: "113"
|
||
chapter_name: "STOLEN PROPERTY"
|
||
section: "2319C"
|
||
citation: "18 U.S.C. § 2319C"
|
||
status: "current"
|
||
release_point: "119-100"
|
||
release_date: "2026-06-26"
|
||
source: "official"
|
||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip"
|
||
source_identifier: "/us/usc/t18/s2319C"
|
||
source_file: "data/legal/raw/us/code/title-18/usc18.xml"
|
||
source_hash: "03c9bfff7a2c497c38ee52502bed83269a64db1675580f4684fc4b2ab48e69c2"
|
||
raw_snapshot_hash: "1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708"
|
||
text_hash: "d04f6d2bb900aae9a35723c910ee3a38317edc7d0827cc376cd38232dcc1fad4"
|
||
retrieved_at: "2026-07-04"
|
||
confidence: "official"
|
||
tags: ["legal", "us-code"]
|
||
---
|
||
|
||
# 18 U.S.C. § 2319C - Illicit digital transmission services
|
||
|
||
## Text
|
||
|
||
(a) Definitions.— In this section—
|
||
|
||
(1) the terms “audiovisual work”, “computer program”, “copies”, “copyright owner”, “digital transmission”, “financial gain”, “motion picture”, “motion picture exhibition facility”, “perform”, “phonorecords”, “publicly” (with respect to performing a work), “sound recording”, and “transmit” have the meanings given those terms in section 101 of title 17;
|
||
|
||
(2) the term “digital transmission service” means a service that has the primary purpose of publicly performing works by digital transmission;
|
||
|
||
(3) the terms “publicly perform” and “public performance” refer to the exclusive rights of a copyright owner under paragraphs (4) and (6) of section 106 (relating to exclusive rights in copyrighted works) of title 17, as limited by sections 107 through 122 of title 17; and
|
||
|
||
(4) the term “work being prepared for commercial public performance” 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 public performance—
|
||
|
||
(i) the copyright owner has a reasonable expectation of commercial public performance; and
|
||
|
||
(ii) the copies or phonorecords of the work have not been commercially publicly performed in the United States by or with the authorization of the copyright owner; or
|
||
|
||
(B) a motion picture, if, at the time of unauthorized public performance, the motion picture—
|
||
|
||
(i) (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 by or with the authorization of the copyright owner in a format intended to permit viewing outside a motion picture exhibition facility; or
|
||
|
||
(ii) had not been commercially publicly performed in the United States by or with the authorization of the copyright owner more than 24 hours before the unauthorized public performance.
|
||
|
||
(b) Prohibited Act.— It shall be unlawful for a person to willfully, and for purposes of commercial advantage or private financial gain, offer or provide to the public a digital transmission service that—
|
||
|
||
(1) is primarily designed or provided for the purpose of publicly performing works protected under title 17 by means of a digital transmission without the authority of the copyright owner or the law;
|
||
|
||
(2) has no commercially significant purpose or use other than to publicly perform works protected under title 17 by means of a digital transmission without the authority of the copyright owner or the law; or
|
||
|
||
(3) is intentionally marketed by or at the direction of that person to promote its use in publicly performing works protected under title 17 by means of a digital transmission without the authority of the copyright owner or the law.
|
||
|
||
(c) Penalties.— Any person who violates subsection (b) shall be, in addition to any penalties provided for under title 17 or any other law—
|
||
|
||
(1) fined under this title, imprisoned not more than 3 years, or both;
|
||
|
||
(2) fined under this title, imprisoned not more than 5 years, or both, if—
|
||
|
||
(A) the offense was committed in connection with 1 or more works being prepared for commercial public performance; and
|
||
|
||
(B) the person knew or should have known that the work was being prepared for commercial public performance; and
|
||
|
||
(3) fined under this title, imprisoned not more than 10 years, or both, if the offense is a second or subsequent offense under this section or section 2319(a).
|
||
|
||
(d) Rule of Construction.— Nothing in this section shall be construed to—
|
||
|
||
(1) affect the interpretation of any other provision of civil copyright law, including the limitations of liability set forth in section 512 of title 17, or principles of secondary liability; or
|
||
|
||
(2) prevent any Federal or State authority from enforcing cable theft or theft of service laws that are not subject to preemption under section 301 of title 17.
|
||
|
||
(Added Pub. L. 116–260, div. Q, title II, § 211(a), Dec. 27, 2020, 134 Stat. 2175.)
|