2013 US Code
Title 17 - Copyrights
Chapter 10 - DIGITAL AUDIO RECORDING DEVICES AND MEDIA (§§ 1001 - 1010)
Subchapter D - PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, REMEDIES, AND ARBITRATION (§§ 1008 - 1010)
Section 1009 - Civil remedies
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 17 - COPYRIGHTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 1009 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 102-563, §2, Oct. 28, 1992, 106 Stat. 4245. |
Statutes at Large Reference | 106 Stat. 4245 |
Public Law Reference | Public Law 102-563 |
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(a)
(b)
(c)
(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)
(1)
(A)
(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)
(i)
(ii)
(iii)
(2)
(3)
(e)
(f)
(g)
(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, §2, Oct. 28, 1992, 106 Stat. 4245.)
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