[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC503]
TITLE 17--COPYRIGHTS
CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES
Sec. 503. Remedies for infringement: Impounding and disposition
of infringing articles
(a) At any time while an action under this title is pending, the
court may order the impounding, on such terms as it may deem reasonable,
of all copies or phonorecords claimed to have been made or used in
violation of the copyright owner's exclusive rights, and of all plates,
molds, matrices, masters, tapes, film negatives, or other articles by
means of which such copies or phonorecords may be reproduced.
(b) As part of a final judgment or decree, the court may order the
destruction or other reasonable disposition of all copies or
phonorecords found to have been made or used in violation of the
copyright owner's exclusive rights, and of all plates, molds, matrices,
masters, tapes, film negatives, or other articles by means of which such
copies or phonorecords may be reproduced.
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2585.)
Historical and Revision Notes
house report no. 94-1476
The two subsections of section 503 deal respectively with the
courts' power to impound allegedly infringing articles during the time
an action is pending, and to order the destruction or other disposition
of articles found to be infringing. In both cases the articles affected
include ``all copies or phonorecords'' which are claimed or found ``to
have been made or used in violation of the copyright owner's exclusive
rights,'' and also ``all plates, molds, matrices, masters, tapes, film
negatives, or other articles by means of which such copies of
phonorecords may be reproduced.'' The alternative phrase ``made or
used'' in both subsections enables a court to deal as it sees fit with
articles which, though reproduced and acquired lawfully, have been used
for infringing purposes such as rentals, performances, and displays.
Articles may be impounded under subsection (a) ``at any time while
an action under this title is pending,'' thus permitting seizures of
articl
