2013 US Code
Title 17 - Copyrights
Chapter 12 - COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS (§§ 1201 - 1205)
Section 1203 - 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 12 - COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS
Sec. 1203 - Civil remedies
|Laws in Effect as of Date||January 16, 2014|
|Source Credit||Added Pub. L. 105-304, title I, §103(a), Oct. 28, 1998, 112 Stat. 2874; amended Pub. L. 106-113, div. B, §1000(a)(9) [title V, §5004(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-593; Pub. L. 111-295, §6(f)(3), Dec. 9, 2010, 124 Stat. 3181.|
|Statutes at Large References||112 Stat. 2874 |
113 Stat. 1536
124 Stat. 3181
|Public Law References||Public Law 105-304, Public Law 106-113, Public Law 111-295|
(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).
(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).
(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.
(Added Pub. L. 105–304, title I, §103(a), Oct. 28, 1998, 112 Stat. 2874; amended Pub. L. 106–113, div. B, §1000(a)(9) [title V, §5004(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–593; Pub. L. 111–295, §6(f)(3), Dec. 9, 2010, 124 Stat. 3181.)AMENDMENTS
2010—Subsec. (c)(5)(B)(i). Pub. L. 111–295 substituted "118(f)" for "118(g)".
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."
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.