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Acct 588

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Submitted By kgh999
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SQ10-2

1.
The APW Seal is designed to remind the audiences of the media copy that the consequences of watching pirating copyright works. Media copies that come with APW Seal don’t mean that the FBI has reviewed or validated copyright.

2.
According to the “1857 Trafficking in Counterfeit Labels—18 U.S.C. § 2318”, that any one who is knowingly trafficking in a counterfeit label affixed or designed to be affixed to a phonorecord, or a copy of a computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, shall be fined under this title or imprisoned for not more than five years, or both. The maximum penalty for a violation of section 2318 is five years imprisonment, a $250,000 fine, or both.

3. Any one meets the following 4 elements will be charged with criminal copyright infringement.

(1) that a valid copyright; (2) was infringed by the defendant; (3) willfully; and (4) for purposes of commercial advantage or private financial gain.

The maximum statutory penalty for conspiracy or criminal copyright infringement is five years in prison and a $250,000 fine.

4. Any one that meets the following four elements will be charged with Criminal Trademark Infringement:
(1) the defendant trafficked or attempted to traffic in goods or services; (2) such trafficking, or the attempt to traffic, was intentional; (3) the defendant used a “counterfeit mark” on or in connection with such goods or services; and (4) the defendant knew that a counterfeit mark was so used.

Penalties for first time:
A defendant, convicted for the first time of violating 17 U.S.C. § 506(a) by the unauthorized reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, or 1 or more copyrighted works, with a retail value of more than $2,500 can be imprisoned for up to 5 years and

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