17 U.S.C. § 1323 : US Code - Section 1323: Recovery for infringement

Search 17 U.S.C. § 1323 : US Code - Section 1323: Recovery for infringement

(a) Damages. - Upon a finding for the claimant in an action for
infringement under this chapter, the court shall award the claimant
damages adequate to compensate for the infringement. In addition,
the court may increase the damages to such amount, not exceeding
$50,000 or $1 per copy, whichever is greater, as the court
determines to be just. The damages awarded shall constitute
compensation and not a penalty. The court may receive expert
testimony as an aid to the determination of damages.
(b) Infringer's Profits. - As an alternative to the remedies
provided in subsection (a), the court may award the claimant the
infringer's profits resulting from the sale of the copies if the
court finds that the infringer's sales are reasonably related to
the use of the claimant's design. In such a case, the claimant
shall be required to prove only the amount of the infringer's sales
and the infringer shall be required to prove its expenses against
such sales.
(c) Statute of Limitations. - No recovery under subsection (a) or
(b) shall be had for any infringement committed more than 3 years
before the date on which the complaint is filed.
(d) Attorney's Fees. - In an action for infringement under this
chapter, the court may award reasonable attorney's fees to the
prevailing party.
(e) Disposition of Infringing and Other Articles. - The court may
order that all infringing articles, and any plates, molds,
patterns, models, or other means specifically adapted for making
the articles, be delivered up for destruction or other disposition
as the court may direct.