§ 1009. — Civil remedies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1009]
TITLE 17--COPYRIGHTS
CHAPTER 10--DIGITAL AUDIO RECORDING DEVICES AND MEDIA
SUBCHAPTER D--PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, REMEDIES, AND
ARBITRATION
Sec. 1009. Civil remedies
(a) Civil Actions.--Any interested copyright party injured by a
violation of section 1002 or 1003 may bring a civil action in an
appropriate United States district court against any person for such
violation.
(b) Other Civil Actions.--Any person injured by a violation of this
chapter may bring a civil action in an appropriate United States
district court for actual damages incurred as a result of such
violation.
(c) 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 such violation;
(2) in the case of a violation of section 1002, or in the case
of an injury resulting from a failure to make royalty payments
required by section 1003, shall award damages under subsection (d);
(3) in its discretion may allow the recovery of costs by or
against any party other than the United States or an officer
thereof; and
(4) in its discretion may award a reasonable attorney's fee to
the prevailing party.
(d) Award of Damages.--
(1) Damages for section 1002 or 1003 violations.--
(A) Actual damages.--(i) In an action brought under
subsection (a), if the court finds that a violation of section
1002 or 1003 has occurred, the court shall award to the
complaining party its actual damages if the complaining party
elects such damages at any time before final judgment is
entered.
(ii) In the case of section 1003, actual damages shall
constitute the royalty payments that should have been paid under
section 1004 and deposited under section 1005. In such a case,
the court, in its discretion, may award an additional amount of
not to exceed 50 percent of the actual damages.
(B) Statutory damages for section 1002 violations.--
(i) Device.--A complaining party may recover an award of
statutory damages for each violation of section 1002(a) or
(c) in the sum of not more than $2,500 per device involved
in such violation or per device on which a service
prohibited by section 1002(c) has been performed, as the
court considers just.
(ii) Digital musical recording.--A complaining party may
recover an award of statutory damages for each violation of
section 1002(d) in the sum of not more than $25 per digital
musical recording involved in such violation, as the court
considers just.
(iii) Transmission.--A complaining party may recover an
award of damages for each transmission or communication that
violates section 1002(e) in the sum of not more than
$10,000, as the court considers just.
(2) Repeated violations.--In any case in which the court finds
that a person has violated section 1002 or 1003 within 3 years after
a final judgment against that person for another such violation was
entered, the court may increase the award of damages to not more
than double the amounts that would otherwise be awarded under
paragraph (1), as the court considers just.
(3) Innocent violations of section 1002.--The court in its
discretion may reduce the total award of damages against a person
violating section 1002 to a sum of not less than $250 in any case in
which the court finds that the violator was not aware and had no
reason to believe that its acts constituted a violation of section
1002.
(e) Payment of Damages.--Any award of damages under subsection (d)
shall be deposited with the Register pursuant to section 1005 for
distribution to interested copyright parties as though such funds were
royalty payments made pursuant to section 1003.
(f) Impounding of Articles.--At any time while an action under
subsection (a) is pending, the court may order the impounding, on such
terms as it deems reasonable, of any digital audio recording device,
digital musical recording, or device specified in section 1002(c) that
is in the custody or control of the alleged violator and that the court
has reasonable cause to believe does not comply with, or was involved in
a violation of, section 1002.
(g) Remedial Modification and Destruction of Articles.--In an action
brought under subsection (a), the court may, as part of a final judgment
or decree finding a violation of section 1002, order the remedial
modification or the destruction of any digital audio recording device,
digital musical recording, or device specified in section 1002(c) that--
(1) does not comply with, or was involved in a violation of,
section 1002, and
(2) is in the custody or control of the violator or has been
impounded under subsection (f).
(Added Pub. L. 102-563, Sec. 2, Oct. 28, 1992, 106 Stat. 4245.)
Section Referred to in Other Sections
This section is referred to in section 1010 of this title.
