# § 2319C. Illicit digital transmission services
**(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.
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**Source Credit**: (Added Pub. L. 116–260, div. Q, title II, § 211(a), Dec. 27, 2020, 134 Stat. 2175.)