§ 1323. — Recovery for infringement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1323]
TITLE 17--COPYRIGHTS
CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS
Sec. 1323. Recovery for infringement
(a) Damages.--Upon a finding for the claimant in an action for
infringement under this chapter, the court shall award the claimant
damages adequate to compensate for the infringement. In addition, the
court may increase the damages to such amount, not exceeding $50,000 or
$1 per copy, whichever is greater, as the court determines to be just.
The damages awarded shall constitute compensation and not a penalty. The
court may receive expert testimony as an aid to the determination of
damages.
(b) Infringer's Profits.--As an alternative to the remedies provided
in subsection (a), the court may award the claimant the infringer's
profits resulting from the sale of the copies if the court finds that
the infringer's sales are reasonably related to the use of the
claimant's design. In such a case, the claimant shall be required to
prove only the amount of the infringer's sales and the infringer shall
be required to prove its expenses against such sales.
(c) Statute of Limitations.--No recovery under subsection (a) or (b)
shall be had for any infringement committed more than 3 years before the
date on which the complaint is filed.
(d) Attorney's Fees.--In an action for infringement under this
chapter, the court may award reasonable attorney's fees to the
prevailing party.
(e) Disposition of Infringing and Other Articles.--The court may
order that all infringing articles, and any plates, molds, patterns,
models, or other means specifically adapted for making the articles, be
delivered up for destruction or other disposition as the court may
direct.
(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.
2914.)
Section Referred to in Other Sections
This section is referred to in section 1307 of this title.
