
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 17USC1009]

 
                          TITLE 17--COPYRIGHTS
 
          CHAPTER 10--DIGITAL AUDIO RECORDING DEVICES AND MEDIA
 
SUBCHAPTER D--PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, REMEDIES, AND 
                               ARBITRATION
 
Sec. 1009. Civil remedies

    (a) Civil Actions.--Any interested copyright party injured by a 
violation of section 1002 or 1003 may bring a civil action in an 
appropriate United States district court against any person for such 
violation.
    (b) Other Civil Actions.--Any person injured by a violation of this 
chapter may bring a civil action in an appropriate United States 
district court for actual damages incurred as a result of such 
violation.
    (c) 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 such violation;
        (2) in the case of a violation of section 1002, or in the case 
    of an injury resulting from a failure to make royalty payments 
    required by section 1003, shall award damages under subsection (d);
        (3) in its discretion may allow the recovery of costs by or 
    against any party other than the United States or an officer 
    thereof; and
        (4) in its discretion may award a reasonable attorney's fee to 
    the prevailing party.

    (d) Award of Damages.--
        (1) Damages for section 1002 or 1003 violations.--
            (A) Actual damages.--(i) In an action brought under 
        subsection (a), if the court finds that a violation of section 
        1002 or 1003 has occurred, the court shall award to the 
        complaining party its actual damages if the complaining party 
        elects such damages at any time before final judgment is 
        entered.
            (ii) In the case of section 1003, actual damages shall 
        constitute the royalty payments that should have been paid under 
        section 1004 and deposited under section 1005. In such a case, 
        the court, in its discretion, may award an additional amount of 
        not to exceed 50 percent of the actual damages.
            (B) Statutory damages for section 1002 violations.--
                (i) Device.--A complaining party may recover an award of 
            statutory damages for each violation of section 1002(a) or 
            (c) in the sum of not more than $2,500 per device involved 
            in such violation or per device on which a service 
            prohibited by section 1002(c) has been performed, as the 
            court considers just.
                (ii) Digital musical recording.--A complaining party may 
            recover an award of statutory damages for each violation of 
            section 1002(d) in the sum of not more than $25 per digital 
            musical recording involved in such violation, as the court 
            considers just.
                (iii) Transmission.--A complaining party may recover an 
            award of damages for each transmission or communication that 
            violates section 1002(e) in the sum of not more than 
            $10,000, as the court considers just.

        (2) Repeated violations.--In any case in which the court finds 
    that a person has violated section 1002 or 1003 within 3 years after 
    a final judgment against that person for another such violation was 
    entered, the court may increase the award of damages to not more 
    than double the amounts that would otherwise be awarded under 
    paragraph (1), as the court considers just.
        (3) Innocent violations of section 1002.--The court in its 
    discretion may reduce the total award of damages against a person 
    violating section 1002 to a sum of not less than $250 in any case in 
    which the court finds that the violator was not aware and had no 
    reason to believe that its acts constituted a violation of section 
    1002.

    (e) Payment of Damages.--Any award of damages under subsection (d) 
shall be deposited with the Register pursuant to section 1005 for 
distribution to interested copyright parties as though such funds were 
royalty payments made pursuant to section 1003.
    (f) Impounding of Articles.--At any time while an action under 
subsection (a) is pending, the court may order the impounding, on such 
terms as it deems reasonable, of any digital audio recording device, 
digital musical recording, or device specified in section 1002(c) that 
is in the custody or control of the alleged violator and that the court 
has reasonable cause to believe does not comply with, or was involved in 
a violation of, section 1002.
    (g) Remedial Modification and Destruction of Articles.--In an action 
brought under subsection (a), the court may, as part of a final judgment 
or decree finding a violation of section 1002, order the remedial 
modification or the destruction of any digital audio recording device, 
digital musical recording, or device specified in section 1002(c) that--
        (1) does not comply with, or was involved in a violation of, 
    section 1002, and
        (2) is in the custody or control of the violator or has been 
    impounded under subsection (f).

(Added Pub. L. 102-563, Sec. 2, Oct. 28, 1992, 106 Stat. 4245.)

                  Section Referred to in Other Sections

    This section is referred to in section 1010 of this title.
