COPYRIGHT ACT

« 17 USC Sec. 1202 | Index | 17 USC Sec. 1204 »

17 USC Sec. 1203 - Civil remedies

      (a) Civil Actions. - Any person injured by a violation of section

    1201 or 1202 may bring a civil action in an appropriate United

    States district court for such violation.

      (b) Powers of the Court. - In an action brought under subsection

    (a), the court -

        (1) may grant temporary and permanent injunctions on such terms

      as it deems reasonable to prevent or restrain a violation, but in

      no event shall impose a prior restraint on free speech or the

      press protected under the 1st amendment to the Constitution;

        (2) at any time while an action is pending, may order the

      impounding, on such terms as it deems reasonable, of any device

      or product that is in the custody or control of the alleged

      violator and that the court has reasonable cause to believe was

      involved in a violation;

        (3) may award damages under subsection (c);

        (4) in its discretion may allow the recovery of costs by or

      against any party other than the United States or an officer

      thereof;

        (5) in its discretion may award reasonable attorney's fees to

      the prevailing party; and

        (6) may, as part of a final judgment or decree finding a

      violation, order the remedial modification or the destruction of

      any device or product involved in the violation that is in the

      custody or control of the violator or has been impounded under

      paragraph (2).

      (c) Award of Damages. -

        (1) In general. - Except as otherwise provided in this title, a

      person committing a violation of section 1201 or 1202 is liable

      for either -

          (A) the actual damages and any additional profits of the

        violator, as provided in paragraph (2), or

          (B) statutory damages, as provided in paragraph (3).

        (2) Actual damages. - The court shall award to the complaining

      party the actual damages suffered by the party as a result of the

      violation, and any profits of the violator that are attributable

      to the violation and are not taken into account in computing the

      actual damages, if the complaining party elects such damages at

      any time before final judgment is entered.

        (3) Statutory damages. - (A) At any time before final judgment

      is entered, a complaining party may elect to recover an award of

      statutory damages for each violation of section 1201 in the sum

      of not less than $200 or more than $2,500 per act of

      circumvention, device, product, component, offer, or performance

      of service, as the court considers just.

        (B) At any time before final judgment is entered, a complaining

      party may elect to recover an award of statutory damages for each

      violation of section 1202 in the sum of not less than $2,500 or

      more than $25,000.

        (4) Repeated violations. - In any case in which the injured

      party sustains the burden of proving, and the court finds, that a

      person has violated section 1201 or 1202 within 3 years after a

      final judgment was entered against the person for another such

      violation, the court may increase the award of damages up to

      triple the amount that would otherwise be awarded, as the court

      considers just.

        (5) Innocent violations. -

          (A) In general. - The court in its discretion may reduce or

        remit the total award of damages in any case in which the

        violator sustains the burden of proving, and the court finds,

        that the violator was not aware and had no reason to believe

        that its acts constituted a violation.

          (B) Nonprofit library, archives, educational institutions, or

        public broadcasting entities. -

            (i) Definition. - In this subparagraph, the term ''public

          broadcasting entity'' has the meaning given such term under

          section 118(g).

            (ii) In general. - In the case of a nonprofit library,

          archives, educational institution, or public broadcasting

          entity, the court shall remit damages in any case in which

          the library, archives, educational institution, or public

          broadcasting entity sustains the burden of proving, and the

          court finds, that the library, archives, educational

          institution, or public broadcasting entity was not aware and

          had no reason to believe that its acts constituted a

          violation.

-SOURCE-

    (Added Pub. L. 105-304, title I, Sec. 103(a), Oct. 28, 1998, 112

    Stat. 2874; amended Pub. L. 106-113, div.  B, Sec. 1000(a)(9)

    (title V, Sec. 5004(a)), Nov. 29, 1999, 113 Stat. 1536, 1501A-593.)

-MISC1-

                                 AMENDMENTS

      1999 - Subsec. (c)(5)(B). Pub. L. 106-113 amended heading and

    text of subpar. (B) generally.  Prior to amendment, text read as

    follows: ''In the case of a nonprofit library, archives, or

    educational institution, the court shall remit damages in any case

    in which the library, archives, or educational institution sustains

    the burden of proving, and the court finds, that the library,

    archives, or educational institution was not aware and had no

    reason to believe that its acts constituted a violation.''

-SECREF-

                   SECTION REFERRED TO IN OTHER SECTIONS

      This section is referred to in sections 1201, 1202 of this title.

MegaLaw.com® is a registered trademark of MegaLaw.com, LLC.

Copyright © 2000 - 2004 MegaLaw.com, LLC
All rights reserved.