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United States Sentencing Commission Table of Contents -1- Amended Guideline §2b5.3. Criminal Infringement of Copyright or Trademark -2
| Content Provider | Semantic Scholar |
|---|---|
| Abstract | (a) Base Offense Level: 8 (b) Specific Offense Characteristics (1) If the infringement amount exceeded $2,000, increase by the number of levels from the table in §2F1.1 (Fraud and Deceit) corresponding to that amount. (2) If the offense involved the manufacture, importation, or uploading of infringing items, increase by 2 levels. If the resulting offense level is less than level 12, increase to level 12. (3) If the offense was not committed for commercial advantage or private financial gain, decrease by 2 levels, but not less than level 8. (4) If the offense involved (A) the conscious or reckless risk of serious bodily injury; or (B) possession of a dangerous weapon (including a firearm) in connection with the offense, increase by 2 levels. If the resulting offense level is less than level 13, increase to level 13. "Commercial advantage or private financial gain" means the receipt, or expectation of receipt, of anything of value, including other protected works. "Infringed item" means the copyrighted or trademarked item with respect to which the crime against intellectual property was committed. "Infringing item" means the item that violates the copyright or trademark laws. "Uploading" means making an infringing item available on the Internet or a similar electronic bulletin board with the intent to enable other persons to download or otherwise copy, or have access to, the infringing item. 2. Determination of Infringement Amount.—This note applies to the determination of the infringement amount for purposes of subsection (b)(1). (A) Use of Retail Value of Infringed Item.—The infringement amount is the retail value of the infringed item, multiplied by the number of infringing items, in a case involving any of the following: (i) The infringing item (I) is, or appears to a reasonably informed purchaser to be, identical or substantially equivalent to the infringed item; or (II) isa digital or electronic reproduction of the infringed item. (ii) The retail price of the infringing item is not less than 75% of the retail price of the infringed item. (iii) The retail value of the infringing item is difficult or impossible to determine without unduly complicating or prolonging the sentencing proceeding. (iv) The offense involves the illegal interception of a satellite cable transmission in violation of 18 U.S.C. § 2511. (In a case involving such an offense, the "retail value of the infringed item" is the price the user of the transmission would have paid to lawfully receive … |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/1998/manual/20000501_Supplement_to_1998_Guidelines.pdf |
| Alternate Webpage(s) | https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/1998/manual/20000501_Supplement_to_1998_Guidelines.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
