118 STAT. 3915 PUBLIC LAW 108–482—DEC. 23, 2004 ‘‘(C) DEFINITION.—For purposes of this paragraph, the ‘value’ of a phonorecord, copy, or work of visual art is— ‘‘(i) in the case of a copyrighted sound recording or copyrighted musical work, the retail value of an authorized phonorecord of that sound recording or musical work; ‘‘(ii) in the case of a copyrighted computer program, the retail value of an authorized copy of that computer program; ‘‘(iii) in the case of a copyrighted motion picture or other audiovisual work, the retail value of an author- ized copy of that motion picture or audiovisual work; ‘‘(iv) in the case of a copyrighted literary work, the retail value of an authorized copy of that literary work; ‘‘(v) in the case of a pictorial, graphic, or sculptural work, the retail value of an authorized copy of that work; and ‘‘(vi) in the case of a work of visual art, the retail value of that work. ‘‘(4) STATUTORY DAMAGES.—The injured party may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for each violation of subsection (a) in a sum of not less than $2,500 or more than $25,000, as the court considers appropriate. ‘‘(5) SUBSEQUENT VIOLATION.—The court may increase an award of damages under this subsection by 3 times the amount that would otherwise be awarded, as the court considers appro- priate, if the court finds that a person has subsequently violated subsection (a) within 3 years after a final judgment was entered against that person for a violation of that subsection. ‘‘(6) LIMITATION ON ACTIONS.—A civil action may not be commenced under section unless it is commenced within 3 years after the date on which the claimant discovers the viola- tion of subsection (a).’’. (c) CONFORMING AMENDMENT.—The item relating to section 2318 in the table of sections for chapter 113 of title 18, United States Code, is amended to read as follows: ‘‘2318. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging.’’ . SEC. 103. OTHER RIGHTS NOT AFFECTED. (a) CHAPTERS 5 AND 12 OF TITLE 17; ELECTRONIC TRANS- MISSIONS.—The amendments made by this title— (1) shall not enlarge, diminish, or otherwise affect any liability or limitations on liability under sections 512, 1201 or 1202 of title 17, United States Code; and (2) shall not be construed to apply— (A) in any case, to the electronic transmission of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title; and 18 USC 2318 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00449 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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