Criminal Copyright Infringement— 17 U.S.C. § 506 and 18 U.S.C. § 2319 (continuation)

Legal Basis for Copyright and Related Laws
 
The Constitution grants Congress the power to regulate copyright: "[t]o Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries," U.S. Const., art. I, § 8, cl. 8. Congress also derives authority to regulate some copyright-related issues from the Commerce Clause, U.S. Const. art. I, § 8, cl. 3.
Copyright protection is principally statutory. Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417, 429-31 (1984). Federal copyright statutes are found primarily in Title 17 of the U.S. Code, of which sections 101 through 1101 are called the "Copyright Act," and the penalties for criminal infringement are set forth in 18 U.S.C. § 2319.
A number of important copyright provisions that were originally devised by courts, such as the doctrines of fair use and first sale, are now codified in Title 17. E.g., 17 U.S.C. §§ 107, 109. And courts often interpret copyright law in light of new events and technological developments, which in turn creates significant judge-made law that might not otherwise be obvious from the statutes. E.g., Metro Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U. S. __, 125 S.Ct. 2764 (2005); Sony, 464 U.S. 417.
 
To be continued.

 
Source: web-site of U.S. Department of Justice. Prosecuting Intellectual Property Crimes, Third Edition. September 2006:
http://www.justice.gov/criminal/cybercrime/ipmanual