§ 1203. — 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: 17USC1203]
TITLE 17--COPYRIGHTS
CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS
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.
(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.)
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.''
Section Referred to in Other Sections
This section is referred to in sections 1201, 1202 of this title.
