---
kind: "section"
citation: "18 U.S.C. § 2319C"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "2319C"
heading: "Illicit digital transmission services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/2319C"
units:
  - "Part I — Crimes"
  - "Chapter 113 — Stolen Property"
---

# §2319C. Illicit digital transmission services

- (a) **Definitions.—** In this section—
  - (1) the terms “audiovisual work”, “[computer](/usc/18/2256.md?p=6) program”, “copies”, “copyright [owner](/usc/18/1839.md?p=4)”, “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](/usc/17/101.md);
  - (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](/usc/18/1839.md?p=4) under paragraphs (4) and (6) of section 106 (relating to exclusive rights in copyrighted works) of [title 17](/usc/17.md), as limited by sections [107](/usc/17/107.md) through [122](/usc/17/122.md) of title 17; and
  - (4) the term “work being prepared for commercial public performance” means—
    - (A) a [computer](/usc/18/2256.md?p=6) 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](/usc/18/1839.md?p=4) 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](/usc/18/229F.md?p=9) by or with the authorization of the copyright [owner](/usc/18/1839.md?p=4); 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](/usc/18/229F.md?p=9) by or with the authorization of the copyright [owner](/usc/18/1839.md?p=4) 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](/usc/18/229F.md?p=9) by or with the authorization of the copyright [owner](/usc/18/1839.md?p=4) more than 24 hours before the unauthorized public performance.
- (b) **Prohibited Act.—** It shall be unlawful for a [person](/usc/18/229F.md?p=5) 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](/usc/17.md) by means of a digital transmission without the authority of the copyright [owner](/usc/18/1839.md?p=4) or the law;
  - (2) has no commercially significant purpose or use other than to publicly perform works protected under [title 17](/usc/17.md) by means of a digital transmission without the authority of the copyright [owner](/usc/18/1839.md?p=4) or the law; or
  - (3) is intentionally marketed by or at the direction of that [person](/usc/18/229F.md?p=5) to promote its use in publicly performing works protected under [title 17](/usc/17.md) by means of a digital transmission without the authority of the copyright [owner](/usc/18/1839.md?p=4) or the law.
- (c) **Penalties.—** Any [person](/usc/18/229F.md?p=5) who violates [subsection (b)](#b) shall be, in addition to any penalties provided for under [title 17](/usc/17.md) 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](/usc/18/229F.md?p=5) 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)](/usc/18/2319.md?p=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](/usc/17/512.md), or principles of secondary liability; or
  - (2) prevent any Federal or [State](/usc/18/31.md?p=a-9) authority from enforcing cable theft or theft of service laws that are not subject to preemption under [section 301 of title 17](/usc/17/301.md).

## Source credit

(Added Pub. L. 116–260, div. Q, title II, § 211(a), Dec. 27, 2020, 134 Stat. 2175.)