
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: 17USC503]

 
                          TITLE 17--COPYRIGHTS
 
             CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES
 
Sec. 503. Remedies for infringement: Impounding and disposition 
        of infringing articles
        
    (a) At any time while an action under this title is pending, the 
court may order the impounding, on such terms as it may deem reasonable, 
of all copies or phonorecords claimed to have been made or used in 
violation of the copyright owner's exclusive rights, and of all plates, 
molds, matrices, masters, tapes, film negatives, or other articles by 
means of which such copies or phonorecords may be reproduced.
    (b) As part of a final judgment or decree, the court may order the 
destruction or other reasonable disposition of all copies or 
phonorecords found to have been made or used in violation of the 
copyright owner's exclusive rights, and of all plates, molds, matrices, 
masters, tapes, film negatives, or other articles by means of which such 
copies or phonorecords may be reproduced.

(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2585.)


                      Historical and Revision Notes

                        house report no. 94-1476

    The two subsections of section 503 deal respectively with the 
courts' power to impound allegedly infringing articles during the time 
an action is pending, and to order the destruction or other disposition 
of articles found to be infringing. In both cases the articles affected 
include ``all copies or phonorecords'' which are claimed or found ``to 
have been made or used in violation of the copyright owner's exclusive 
rights,'' and also ``all plates, molds, matrices, masters, tapes, film 
negatives, or other articles by means of which such copies of 
phonorecords may be reproduced.'' The alternative phrase ``made or 
used'' in both subsections enables a court to deal as it sees fit with 
articles which, though reproduced and acquired lawfully, have been used 
for infringing purposes such as rentals, performances, and displays.
    Articles may be impounded under subsection (a) ``at any time while 
an action under this title is pending,'' thus permitting seizures of 
articles alleged to be infringing as soon as suit has been filed and 
without waiting for an injunction. The same subsection empowers the 
court to order impounding ``on such terms as it may deem reasonable.'' 
The present Supreme Court rules with respect to seizure and impounding 
were issued even though there is no specific provision authorizing them 
in the copyright statute, and there appears no need for including a 
special provision on the point in the bill.
    Under section 101(d) of the present statute [section 101(d) of 
former title 17], articles found to be infringing may be ordered to be 
delivered up for destruction. Section 503(b) of the bill would make this 
provision more flexible by giving the court discretion to order 
``destruction or other reasonable disposition'' of the articles found to 
be infringing. Thus, as part of its final judgment or decree, the court 
could order the infringing articles sold, delivered to the plaintiff, or 
disposed of in some other way that would avoid needless waste and best 
serve the ends of justice.

                  Section Referred to in Other Sections

    This section is referred to in sections 109, 111, 115, 119, 122, 
411, 510, 511, 1101 of this title.
