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1 Chapter 5.–COPYRIGHT INFRINGEMENT AND REMEDIES

Sec.

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501. Infringement of copy right.
502. Remedies for infringement : Injunctions.
503. Remedies for infringement: Impounding and disposition of infringing

articles.
504, Remedies for infringement : Damages and profits.
505. Remedies for infringement: Costs and attorney's fees.
506. Criminal offenses.
507. Limitations on actions.

508. Notification of filing and determination of actions. 2 $ 501. Infringement of copyright 3 (a) Anyone who violates any of the exclusive rights of the copy4 right owner as provided by sections 106 through 117, or who imports 5 copies or phonorecords into the United States in violation of section 6 602, is an infringer of the copyright. 7 (b) The legal or beneficial owner of an exclusive right under a 8 copyright is entitled, subject to the requirements of sections 205(d) 9 and 411, to institute an action for any infringement of that particular

right committed while he is the owner of it. The court may require 11 him to serve written notice of the action with a copy of the complaint 12 upon any person shown, by the records of the Copyright Office or 13 otherwise, to have or claim an interest in the copyright, and shall re14 quire that such notice be served upon any person whose interest is 15 likely to be affected by a decision in the case. The court may require 16 the joinder, and shall permit the intervention, of any person having 17 or claiming an interest in the copyright. 18 (c) For any secondary transmission by a cable system that em19 bodies a performance or a display of a work which is actionable as an 20 act of infringement under subsection (c) of section 111, a television 21 broadcast station holding a copyright or other license to transmit or 22 perform the same version of that work shall, for purposes of subsection 23 (b) of this section, be treated as a legal or beneficial owner if such 24 secondary transmission occurs within the local service area of that 25 television station. 26 8 502. Remedies for infringement: Injunctions 27 (a) Any court having jurisdiction of a civil action arising under 28 this title may, subject to the provisions of section 1498 of title 28, 29 grant temporary and final injunctions on such terms as it may deem 30 reasonable to prevent or restrain infringement of a copyright. 31 (b) Any such injunction may be served anywhere in the United 32 States on the person enjoined; it shall be operative throughout the 33 United States and shall be enforceable, by proceedings in contempt or 34 otherwise, by any United States court having jurisdiction of that per

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son. The clerk of the court granting the injunction shall, when re-
quested by any other court in which enforcement of the injunction is
sought, transmit promptly to the other court a certified copy of all
the papers in the case on file in his office.
$ 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 vio-
lation 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 reprodured. 8 504. 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 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 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

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1 infringer's are liable jointly and severally, in a sum of not less 2 than $250 or more than $10,000 as the court considers just. For 3 the purposes of this subsection, all the parts of a compilation or 4 derivative work constitute one work. 5

(2) In a case where the copyright owner sustains the burden 6 of proving, and the court finds, that infringement was committed 7 willfully, the court in its cli-cretion may increase the award of 8

statutory damages to a sum of not more than $50.000. In a case

where the infringer sustains the burden of proving, and the court 10 finds, that he was not aware and had no reason to believe that his 11 acts constituted an infringement of copyright, the court in its 12 discretion may reduce the award of statutory damages to a sum 13 of not less than $100. In a case where an instructor, librarian or 14 archivist in a nonprofit educational institution, library, or ar15 chives, who infringed by reproducing a copyrighted work in copies 16 or phonorecords, sustains the burden of proving that he believed 17 and had reasonable grounds for believing that the reproduction 18 was a fair use under section 107, the court in its discretion may 19 remit statutory damages in whole or in part. 20 8 505. Remedies for infringement: Costs and attorney's fees 21 In any civil action under this title, the court in its discretion may 22 allow the recovery of full costs by or against any party other than 23 the United States or an officer thereof. Except as otherwise provided 24 by this title, the court may also award a reasonable attorney's fee to 25 the prevailing party as part of the costs. 26 8 506. Criminal offenses 27 (a) ('RIMINAL. INFRINGEMENT.-- Any person who infringes a 28 copyright willfully and for purposes of commercial advantage or pri29 vate financial gain shall be fined not more than $2,500 or imprisoned 30 not more than one year, or both, for the first such offense, and shall 31 be fined not more than $10,000 or imprisoned not more than three 32 years, or both, for any subsequent offense, provided however, that any 33 person who infringes willfully and for purposes of commercial adven. 34 tage or private financial gain the copyright in a sound recording 35 afforded by subsections (1) and (3) in section 106 or the copyright in 36 a motion picture afforded by subsections (1), (3), and (4) in section 37 106 shall be fined not more than $25,000 or imprisoned for not more 38 than one year, or both, for the first such offense and shall be fined 39 not more than $30,000 or imprisoned not more than two years of 40 both, for any subsequent offense.

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1 (b) Fraudulent Copyright Notice.-Any person who, with fraud. 2 ulent intent, places on any article a notice of copyright or words of 3 the same purport that he knows to be false, or who, with fraudulent 4 intent, publicly distributes or imports for public distribution any 5 article bearing such notice or words that he knows to be false, shall be 6 fined not more than $2,500. 7 (c) FRAUDULENT REMOVAL OF COPYRIGHT NOTICE.- Any person who, 8 with fraudulent intent, removes or alters any notice of copyright

appearing on a copy of a copyrighted work shall be fined not more 10 than $2,500. 11 (d) False REPRESENTATION.- Any person who knowingly makes a 12 false representation of a material fact in the application for copyright 13 registration provided for by secton 409, or in any written statement 14 filed in connection with the application, shall be fined not more than 15 $2,500. 16 8 507. Limitations on actions 17 (a) (Criminal PROCEEDINGS.- No criminal proceeding shall be main18 tained under the provisions of this title unless it is commenced within 19 three years after the cause of action arose. 20 (b) Civil ACTIONS.—- No civil action shall be maintained under the 21 provisions of this title unless it is commenced within three years after 22 the claim accrued. 23 $ 508. Notification of filing and determination of actions 24 (a) Within one month after the filing of any action under this title, 25 the clerks of the courts of the l'nited States shall send written notifica26

tion to the Register of Copyrights setting forth, as far as is shown

by the papers filed in the court, the names and addresses of the parties 28 and the title, author, and registration number of each work involved 29 in the action. If any other copyrighted work is later included in the 30 action by amendment, answer, or other pleading, the clerk shall also 31

send a notification concerning it to the Register within one month 32 after the pleading is filed. 33 (b) Within one month after any final order or judgment is issued 34 in the case, the clerk of the court shall notify the Register of it, 35 sending him a copy of the order or judgment together with the written 36 opinion, if any, of the court. 37 (c) l'pon receiving the notifications specified in this section, the 38 Register shall make them a part of the public records of the Copyright 39 Office.

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Chapter 6.—MANUFACTURING REQUIREMENT AND

IMPORTATION

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601. Manufacture, importation, and public distribution of certain copies.
602. Infringing importation of copies or phonorecords.
603. Importation prohibitions: Enforcement and disposition of excluded articles,
$ 601. Manufacture, importation, and public distribution of cer.

tain copies
(a) Except as provided by subsection (b), the importation into or
public distribution in the United States of copies of a work consisting
preponderantly of nondramatic literary material that is in the English
language and is protected under this title is prohibited unless the
portions consisting of such material have been manufactured in the
United States or ('anada.
(b) The provisions of subsection (a) do not apply:

(1) where, on the date when importation is sought or public distribution in the United States is made, the author of any substantial part of such material is neither a national nor a domicil. iary of the United States or, if he is a national of the United States, has been domiciled outside of the United States for a continuous period of at least one year immediately preceding that date; in the case of work made for hire, the exemption provided by this clause does not apply unless a substantial part of the work was prepared for an employer or other person who is not a national or domiciliary of the United States or a domestic corporation or enterprise;

(2) where the Bureau of Customs is presented with an import statement issued under the seal of the Copyright Office, in which case a total of no more than two thousand copies of any one such work shall be allowed entry; the import statement shall be issued upon request to the copyright owner or to a person designated by him at the time of registration for the work under section 408 or at any time thereafter;

(3) where importation is sought under the authority or for the use, other than in schools, of the government of the United States or of any State or political subdivision of a State; (4) where importation, for use and not for sale, is sought:

(A) by any person with respect to no more than one copy of any one work at any one time;

(B) by any person arriving from abroad, with respect to copies forming part of his personal baggage; or

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