17 U.S.C. § 1203 : US Code - Section 1203: Civil remedies

Search 17 U.S.C. § 1203 : US Code - Section 1203: Civil remedies

(a) Civil Actions. - 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.
(b) Powers of the Court. - In an action brought under subsection
(a), the court -
(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).
(c) Award of Damages. -
(1) In general. - Except as otherwise provided in this title, a
person committing a violation of section 1201 or 1202 is liable
for either -
(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).
(2) Actual damages. - 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.
(3) Statutory damages. - (A) 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.
(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.
(4) Repeated violations. - 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.
(5) Innocent violations. -
(A) In general. - 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.
(B) Nonprofit library, archives, educational institutions, or
public broadcasting entities. -
(i) Definition. - In this subparagraph, the term "public
broadcasting entity" has the meaning given such term under
section 118(g).(!1)
(ii) In general. - 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.