17 U.S.C. § 504 : US Code - Section 504: Remedies for infringement: Damages and profits

Search 17 U.S.C. § 504 : US Code - Section 504: Remedies for infringement: Damages and profits

      (a) In General. - Except as otherwise provided by this title, an
    infringer of copyright is liable for either - 
        (1) the copyright owner's actual damages and any additional
      profits of the infringer, as provided by subsection (b); or
        (2) statutory damages, as provided by subsection (c).

      (b) Actual Damages and Profits. - The copyright owner is entitled
    to recover the actual damages suffered by him or her as a result of
    the infringement, and any profits of the infringer that are
    attributable to the infringement and are not taken into account in
    computing the actual damages. In establishing the infringer's
    profits, the copyright owner is required to present proof only of
    the infringer's gross revenue, and the infringer is required to
    prove his or her deductible expenses and the elements of profit
    attributable to factors other than the copyrighted work.
      (c) Statutory Damages. - 
        (1) Except as provided by clause (2) of this subsection, 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 any one work, for which any one infringer
      is liable individually, or for which any two or more infringers
      are liable jointly and severally, in a sum of not less than $750
      or more than $30,000 as the court considers just. For the
      purposes of this subsection, all the parts of a compilation or
      derivative work constitute one work.
        (2) In a case where the copyright owner sustains the burden of
      proving, and the court finds, that infringement was committed
      willfully, the court in its discretion may increase the award of
      statutory damages to a sum of not more than $150,000. In a case
      where the infringer sustains the burden of proving, and the court
      finds, that such infringer was not aware and had no reason to
      believe that his or her acts constituted an infringement of
      copyright, the court in its discretion may reduce the award of
      statutory damages to a sum of not less than $200. The court shall
      remit statutory damages in any case where an infringer believed
      and had reasonable grounds for believing that his or her use of
      the copyrighted work was a fair use under section 107, if the
      infringer was: (i) an employee or agent of a nonprofit
      educational institution, library, or archives acting within the
      scope of his or her employment who, or such institution, library,
      or archives itself, which infringed by reproducing the work in
      copies or phonorecords; or (ii) a public broadcasting entity
      which or a person who, as a regular part of the nonprofit
      activities of a public broadcasting entity (as defined in section
      118(f)) infringed by performing a published nondramatic literary
      work or by reproducing a transmission program embodying a
      performance of such a work.
        (3)(A) In a case of infringement, it shall be a rebuttable
      presumption that the infringement was committed willfully for
      purposes of determining relief if the violator, or a person
      acting in concert with the violator, knowingly provided or
      knowingly caused to be provided materially false contact
      information to a domain name registrar, domain name registry, or
      other domain name registration authority in registering,
      maintaining, or renewing a domain name used in connection with
      the infringement.
        (B) Nothing in this paragraph limits what may be considered
      willful infringement under this subsection.
        (C) For purposes of this paragraph, the term "domain name" has
      the meaning given that term in section 45 of the Act entitled "An
      Act to provide for the registration and protection of trademarks
      used in commerce, to carry out the provisions of certain
      international conventions, and for other purposes" approved July
      5, 1946 (commonly referred to as the "Trademark Act of 1946"; 15
      U.S.C. 1127).

      (d) Additional Damages in Certain Cases. - In any case in which
    the court finds that a defendant proprietor of an establishment who
    claims as a defense that its activities were exempt under section
    110(5) did not have reasonable grounds to believe that its use of a
    copyrighted work was exempt under such section, the plaintiff shall
    be entitled to, in addition to any award of damages under this
    section, an additional award of two times the amount of the license
    fee that the proprietor of the establishment concerned should have
    paid the plaintiff for such use during the preceding period of up
    to 3 years.