2005 9-350 — IDAHO CODE IS PROPERTY OF THE STATE OF IDAHO

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 3
                               PUBLIC WRITINGS
    9-350.  IDAHO CODE IS PROPERTY OF THE STATE OF IDAHO. (1) The Idaho Code
is the property of the state of Idaho, and the state of Idaho and the
taxpayers shall be deemed to have a copyright on the Idaho Code.  If a person
reproduces or distributes the Idaho Code for the purpose of direct or indirect
commercial advantage, the person shall owe to the Idaho code commission, as
the agent of the state of Idaho, a royalty fee in addition to the fee charged
for copying the Idaho Code.  Any person who reproduces or distributes the
Idaho Code in violation of the provisions of this section, shall be deemed to
be an infringer of the state of Idaho's copyright.  The Idaho code commission,
through the office of the attorney general, is entitled to institute an action
for any infringement of that particular right committed while the Idaho code
commission or its designated agent has custody of the Idaho Code.
    (2)  A court having jurisdiction of a civil action arising under this
section may grant such relief as it deems appropriate.  At any time while an
action under this section is pending, the court may order the impounding, on
such terms as it deems reasonable, of all copies claimed to have been made or
used in violation of the Idaho code commission's copyright pursuant to this
section.
    (3)  An infringer of the state of Idaho's copyright pursuant to this
section is liable for any profits the infringer has incurred by obtaining the
Idaho Code for commercial purposes or is liable for statutory damages as
provided in subsection (4) of this section.
    (4)  The Idaho code commission, as agent of the copyright owner, may
elect, at any time before final judgment is rendered, to recover, instead of
actual damages and profits, an award of statutory damages for all
infringements involved in the action, with respect to the Idaho Code for which
any one (1) infringer is liable individually, or for which any two (2) or more
infringers are liable jointly and severally, in a sum of not less than two
hundred fifty dollars ($250) or more than ten thousand dollars ($10,000), as
the court considers just.
    (5)  In any civil action under this section, the court may allow the
recovery of full costs by or against any party and may also award reasonable
attorney's fees to the prevailing party as part of the costs.
    (6)  The Idaho code commission is hereby authorized to license and charge
fees for the use of the Idaho Code.  The Idaho code commission may grant a
license for the use of the Idaho Code to a public agency in the state and
waive all or a portion of the fees. All fees recovered by the Idaho code
commission shall be deposited in the general account.