and

(3) shall be imprisoned not more than 1 year, or fined in the amount set
forth in this title, or both, if the offense consists of the
reproduction or distribution of 1 or more copies or phonorecords of 1 or
more copyrighted works, which have a total retail value of more than
$1,000.

(d) (1) During preparation of the presentence report pursuant to Rule
32(c) of the Federal Rules of Criminal Procedure, victims of the offense
shall be permitted to submit, and the probation officer shall receive, a
victim impact statement that identifies the victim of the offense and
the extent and scope of the injury and loss suffered by the victim,
including the estimated economic impact of the offense on that victim.

(2) Persons permitted to submit victim impact statements shall include-

(A) producers and sellers of legitimate works affected by conduct
involved in the offense;

(B) holders of intellectual property rights in such works; and

(C) the legal representatives of such producers, sellers, and holders.

(e) As used in this section-

(1) the terms "phonorecord" and "copies" have, respectively, the
meanings set forth in section 101 (relating to definitions) of title 17;
and

(2) the terms "reproduction" and "distribution" refer to the exclusive
rights of a copyright owner under clauses (1) and (3) respectively of
section 106 (relating to exclusive rights in copyrighted works), as
limited by sections 107 through 120, of title 17.

Sec. 2319A. Unauthorized fixation of and trafficking in sound recordings
and music videos of live musical performances [3]

(a) Offense. Whoever, without the consent of the performer or performers
involved, knowingly and for purposes of commercial advantage or private
financial gain-

(1) fixes the sounds or sounds and images of a live musical performance
in a copy or phonorecord, or reproduces copies or phonorecords of such a
performance from an unauthorized fixation;

(2) transmits or otherwise communicates to the public the sounds or
sounds and images of a live musical performance; or

(3) distributes or offers to distribute, sells or offers to sell, rents
or offers to rent, or traffics in any copy or phonorecord fixed as
described in paragraph (1), regardless of whether the fixations occurred
in the United States;

shall be imprisoned for not more than 5 years or fined in the amount set
forth in this title, or both, or if the offense is a second or
subsequent offense, shal