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H.R. 8285 (96th): Piracy and Counterfeiting Amendments Act of 1980


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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Oct 2, 1980.


Piracy and Counterfeiting Amendments Act of 1980 - Amends the Federal criminal code to revise and increase the penalties for the offense of trafficking in counterfeit labels. Includes within such offense trafficking in copies of motion pictures and audiovisual works. Eliminates the current scienter requirement of "fraudulent intent." Increases the maximum penalty from one year imprisonment and/or a $10,000 fine to five years' imprisonment and/or a $250,000 fine. Separates from the elements of such offense its jurisdictional bases, which are defined to include: (1) special jurisdiction of the United States (territorial, aircraft, or maritime); (2) use of a facility of interstate or foreign commerce; or (3) counterfeiting copyrighted material. Establishes new criminal penalties for the criminal infringement of a copyright involving the reproduction or distribution of phonorecords, motion pictures, or audiovisual works. Correlates the level of such penalties to the number of items reproduced or distributed during any 180-day period.