federal law prohibits an employee from providing the secret ingredient of an employer’s
famous fried chicken recipe to a competitor. Likewise, a scientist may be committing a crime
if he or she provides a company’s confidential research results to a foreign government.
Other Laws
Finally, many additional laws provide further intellectual property protection in specific
areas of technological innovation. To protect performers who entertain audiences in a live
setting, federal laws prohibit recording live performances and then financially benefitting
from subsequent copying and distribution of the recording. Federal law also prohibits the
manufacture and distribution of devices designed to intercept cable or satellite television
signals, and devices used to de-scramble satellite television signals, which would enable
viewers to receive programming without authorization.
Copyr
ight
17 U.S.C. § 506 & 18 U.S.C. § 2319
Criminal Infringement of a Copyright. Statutory
maximum penalty of 5 years in prison and a
$250,000 fine for a first-time offender and 10
years in prison for a repeat offender.
18 U.S.C. § 2318
Trafficking in Counterfeit Labels for Phonograph
Records, Copies of Computer Programs, and
Similar Materials. Maximum penalty of 5 years
in prison and a $250,000 fine.
18 U.S.C. § 2319A
Unauthorized Fixation of and Trafficking in
Sound Recordings and Music Videos of Live
Musical Performances. Maximum penalty of 5
years in prison and a $250,000 fine for a first-
time offender and 10 years in prison for a repeat
offender.
17 U.S.C. § 1201-1205
Circumvention of Copyright Protection Systems.
Maximum penalty of 5 years in prison and a
$500,000 fine for a first-time offender and 10
years in prison and a $1 million fine for a repeat
offender.
47 U.S.C. § 553
Unauthorized Reception of Cable Services.
Maximum penalty of 6 months in prison and
$1,000 fine for individual use and 2 years in
prison and $50,000 fine for commercial/financial
gain for a first-time offender; 5 years in prison
and a $100,000 fine for a repeat offender.
47 U.S.C. § 605
Unauthorized Publication or Use of
Communications. Maximum penalty of 6
months in prison and a $2,000 fine for individual
use and 2 years in prison and $50,000 fine for
commercial/financial gain for a first-time
offender; 5 years in prison and a $100,000 fine
for a repeat offender.
T
rademark
18 U.S.C. § 2320
Trafficking in Counterfeit Goods of Services.
Maximum penalty of 10 years in prison and
$2,000,000 fine for a first-time offender, and 20
years in prison and a $5 million fine for a repeat
offender. A corporate offender is subject to a
maximum fine of $15 million.
T
rade Secrets
18 U.S.C. § 1831
Economic Espionage. Maximum penalty of 15
years in prison and a $500,000 fine for an
individual and a $10 million fine for a corporate
offender.
18 U.S.C. § 1832
Theft of Trade Secrets. Maximum penalty of 10
years in prison and a $250,000 fine. A corporate
offender is subject to a maximum fine of $5
million.
Federal Criminal Laws Protecting Intellectual Property
6