l be imprisoned for not more than 10 years or
fined in the amount set forth in this title, or both.

(b) Forfeiture and Destruction. When a person is convicted of a
violation of subsection (a), the court shall order the forfeiture and
destruction of any copies or phonorecords created in violation thereof,
as well as any plates, molds, matrices, masters, tapes, and film
negatives by means of which such copies or phonorecords may be made. The
court may also, in its discretion, order the forfeiture and destruction
of any other equipment by means of which such copies or phonorecords may
be reproduced, taking into account the nature, scope, and
proportionality of the use of the equipment in the offense.

(c) Seizure and Forfeiture. If copies or phonorecords of sounds or
sounds and images of a live musical performance are fixed outside of the
United States without the consent of the performer or performers
involved, such copies or phonorecords are subject to seizure and
forfeiture in the United States in the same manner as property imported
in violation of the customs laws. The Secretary of the Treasury shall,
not later than 60 days after the date of the enactment of the Uruguay
Round Agreements Act, issue regulations to carry out this subsection,
including regulations by which any performer may, upon payment of a
specified fee, be entitled to notification by the United States Customs
Service of the importation of copies or phonorecords that appear to
consist of unauthorized fixations of the sounds or sounds and images of
a live musical performance.

(d) Victim Impact Statement.

(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) Definitions. As used in this section-

(1) the terms "copy", "fixed", "musical work", "phonorecord",
"reproduce", "sound