17 U.S.C. § 1203 — Civil remedies
submitted 28 years ago by Pub. L. 105-304 to r/title-17-COPYRIGHTS · 670 words · no verdicts yet
A person injured by a violation of section 1201 or 1202 may sue in federal district court. The court may issue injunctions, impound or modify devices, award actual or statutory damages, costs, and attorney fees, and adjust damages for repeated or innocent violations.
(a) Civil actions. Anyone injured by a section 1201 or 1202 violation may bring a civil action in an appropriate United States district court. (b) Court powers. The court may (1) issue reasonable temporary or permanent injunctions to prevent or restrain a violation, but never impose a prior restraint on constitutionally protected speech or press; (2) while the case is pending, reasonably order impoundment of a device or product controlled by the alleged violator that it reasonably believes was involved; (3) award subsection (c) damages; (4) allow costs for or against any party other than the United States or its officer; (5) award reasonable attorney fees to the winner; and (6) in a final judgment finding a violation, order repair or destruction of an involved device or product controlled by the violator or impounded. (c) Damages. (1) Unless this title says otherwise, the violator owes either actual damages and additional profits or statutory damages. (2) If the injured party elects before final judgment, the court must award actual losses plus violator profits attributable to the violation not already counted. (3) Before final judgment, the party may elect statutory damages: for each section 1201 violation, $200–$2,500 per circumvention act, device, product, component, offer, or service performance, as just; for each section 1202 violation, $2,500–$25,000. (4) If the injured party proves, and the court finds, another violation within three years after a final judgment for a prior one, the court may increase damages up to three times. (5) The court may reduce or cancel damages if the violator proves, and the court finds, lack of awareness and no reason to believe the acts violated the law. For a nonprofit library, archives, educational institution, or public broadcasting entity, the court must cancel damages on that showing. “Public broadcasting entity” has the meaning in section 118(f).
Any person injured by a violation of section 1201 or 1202 may bring a civil action in an appropriate United States district court for such violation.
In an action brought under subsection (a), the court—
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;
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;
may award damages under subsection (c);
in its discretion may allow the recovery of costs by or against any party other than the United States or an officer thereof;
in its discretion may award reasonable attorney’s fees to the prevailing party; and
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).
Except as otherwise provided in this title, a person committing a violation of section 1201 or 1202 is liable for either—
the actual damages and any additional profits of the violator, as provided in paragraph (2), or
statutory damages, as provided in paragraph (3).
The court shall award to the complaining party the actual damages suffered by the party as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages, if the complaining party elects such damages at any time before final judgment is entered.
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 1201 in the sum of not less than $200 or more than $2,500 per act of circumvention, device, product, component, offer, or performance of service, as the court considers just.
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.
In any case in which the injured party sustains the burden of proving, and the court finds, that a person has violated section 1201 or 1202 within 3 years after a final judgment was entered against the person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just.
The court in its discretion may reduce or remit the total award of damages in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that its acts constituted a violation.
In this subparagraph, the term “public broadcasting entity” has the meaning given such term under section 118(f).
In the case of a nonprofit library, archives, educational institution, or public broadcasting entity, the court shall remit damages in any case in which the library, archives, educational institution, or public broadcasting entity sustains the burden of proving, and the court finds, that the library, archives, educational institution, or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation.
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.)
- 1998Enacted · Pub. L. 105-304 · 112 Stat. 2874
- 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
- 2010Amended · Pub. L. 111-295 · 124 Stat. 3181
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-304 on 1998-10-28.
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