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Anticounterfeiting Act of 2004

Passed Senate without amendment by Unanimous Consent. (text: CR S12028-12029)

Official summary

Version 82 · Passed Senate without amendment · Dec 8, 2004

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Anticounterfeiting Act of 2004 - Amends the Federal criminal code to prohibit trafficking in an "illicit authentication feature." Defines that term to mean an authentication feature that: (1) has been tampered with or altered without authorization so as to facilitate the reproduction or distribution of a phono-record, a copy of a computer program, motion picture or other audiovisual work, or documentation or packaging, in violation of the rights of the copyright owner; (2) is genuine, but has been distributed or is intended for distribution without authorization; or (3) appears to be genuine but is not.

Authorizes a copyright owner who is injured by a violation of this Act or is threatened with injury to bring a civil action in an appropriate U.S. district court. Allows the court to: (1) grant temporary or permanent injunctions to prevent or restrain violations; (2) order the impounding of an article in the custody or control of the alleged violator that the court has reasonable cause to believe was involved in a violation; and (3) award to the injured party reasonable attorney fees and costs, actual damages and any additional profits of the violator, or statutory damages. Authorizes: (1) the injured party to elect to recover, instead of actual damages and profits, an award of statutory damages of between $2,500 and $25,000 for each violation; and (2) the court to increase a damage award by three times the amount that would otherwise be awarded upon finding that a person has violated this Act within three years after a final judgment was entered for a previous violation. Sets a three-year statute of limitations from discovery of the violation.

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Who introduced it

Sen. Biden, Joseph R., Jr. [D-DE] · D–DE

Committees

  • Judiciary Committee
5 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Passed Senate without amendment by Unanimous Consent. (text: CR S12028-12029)

  2. Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR S12028-12029)

  3. Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR S12028-12029)

  4. Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR S12028-12029)

  5. Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3002-3003)

  6. Sponsor introductory remarks on measure. (CR S3001-3002)

  7. Introduced in Senate

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.

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