1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 49 infringers are liable jointly and severally, in a sum of not less than $250 or more than $10,000 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 $50,000. In a case where the infringer sustains the burden of proving, and the court finds, that he was not aware and had no reason to believe that his 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 $100. In a case where an instructor, librarian or archivist in a nonprofit educational institution, library, or archives, who infringed by reproducing a copyrighted work in copies or phonorecords, sustains the burden of proving that he believed and had reasonable grounds for believing that the reproduction was a fair use under section 107, the court in its discretion may remit statutory damages in whole or in part. 20 § 505. Remedies for infringement: Costs and attorney's fees 21 22 23 24 25 26 27 29 31 In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney's fee to the prevailing party as part of the costs. § 506. Criminal offenses (a) CRIMINAL INFRINGEMENT.—Any person who infringes a 28 copyright willfully and for purposes of commercial advantage or private 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 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 advɛntage or private financial gain the copyright in a sound recording afforded by subsections (1) and (3) in section 106 or the copyright in 34 35 36 37 a motion picture afforded by subsections (1), (3), and (4) in section 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 not more than $50,000 or imprisoned not more than two years, of both, for any subsequent offense. 39 40 50 1 2 3 (b) Fraudulent COPYRIGHT NOTICE.-Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that he knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any 5 article bearing such notice or words that he knows to be false, shall be fined not more than $2,500. 4 6 7 8 9 10 12 (c) FRAUDULENT REMOVAL OF COPYRIGHT NOTICE.-Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500. 11 (d) FALSE REPRESENTATION.-Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by secton 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 § 507. Limitations on actions (a) CRIMINAL PROCEEDINGS.-No criminal proceeding shall be maintained under the provisions of this title unless it is commenced within three years after the cause of action arose. (b) CIVIL ACTIONS.-No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. $508. Notification of filing and determination of actions (a) Within one month after the filing of any action under this title, the clerks of the courts of the United States shall send written notification 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 and the title, author, and registration number of each work involved in the action. If any other copyrighted work is later included in the action by amendment, answer, or other pleading, the clerk shall also send a notification concerning it to the Register within one month after the pleading is filed. (b) Within one month after any final order or judgment is issued 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) Upon receiving the notifications specified in this section, the 38 Register shall make them a part of the public records of the Copyright 1 2 3 4 5 6 7 Sec 51 Chapter 6.-MANUFACTURING REQUIREMENT AND IMPORTATION 601. Manufacture, importation, and public distribution of certain copies. 603. Importation prohibitions: Enforcement and disposition of excluded articles. 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 9 portions consisting of such material have been manufactured in the United States or Canada. 8 10 (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 domiciliary 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 52 (C) by an organization operated for scholarly, educational, or religious purposes and not for private gain, with respect to copies intended to form a part of its library; (5) where the copies are reproduced in raised characters for the use of the blind; (6) where, in addition to copies imported under clauses (3) and (4) of this subsection, no more than two thousand copies of any one such work, which have not been manufactured in the United States or Canada, are publicly distributed in the United States. (c) The requirement of this section that copies be manufactured in the United States or Canada is satisfied if: (1) in the case where the copies are printed directly from type that has been set, or directly from plates made from such type, the setting of the type and the making of the plates have been performed in the United States or Canada; or (2) in the case where the making of plates by a lithographic or photoengraving process is a final or intermediate step preceding the printing of the copies, the making of the plates has been performed in the United States or Canada; and (3) in any case, the printing or other final process of producing multiple copies and any binding of the copies have been performed in the United States or Canada. (d) Importation or public distribution of copies in violation of this section does not invalidate protection for a work under this title. However, in any civil action or criminal proceeding for infringement of the exclusive rights to reproduce and distribute copies of the work, the infringer has a complete defense with respect to all of the nondramatic literary material comprised in the work and any other parts of the work in which the exclusive rights to reproduce and distribute copies are owned by the same person who owns such exclusive rights in the nondramatic literary material, if he proves: (1) that copies of the work have been imported into or publicly distributed in the United States in violation of this section by or with the authority of the owner of such exclusive rights; and (2) that the infringing copies were manufactured in the United States or Canada in accordance with the provisions of subsection (c); and (3) that the infringement was commenced before the effective 53 date of registration for an authorized edition of the work, the copies of which have been manufactured in the United States or Canada in accordance with the provisions of subsection (c). (e) In any action for infringement of the exclusive rights to reproduce and distribute copies of a work containing material required by this section to be manufactured in the United States or Canada, the copyright owner shall set forth in the complaint the names of the persons or organizations who performed the processes specified by subsection (c) with respect to that material, and the places where those processes were performed. § 602. Infringing importation of copies or phonorecords (a) Importation into the United States, without the authority of the owner of copyright under this title, of copies or phonorecords of a work that have been acquired abroad is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under section 501. This subsection does not apply to: (1) importation of copies or phonorecords under the authority or for the use of the government of the United States or of any State or political subdivision of a State but not including copies or phonorecords for use in schools, or copies of any audiovisual work imported for purposes other than archival use; (2) importation, for the private use of the importer and not for distribution, by any person with respect to no more than one copy or phonorecord of any one work at any one time, or by any person arriving from abroad with respect to copies or phonorecords forming part of his personal baggage; or (3) importation by or for an organization operated for scholarly, educational, or religious purposes and not for private gain, with respect to no more than one copy of an audiovisual work solely for its archival purposes, and no more than five copies or phonorecords of any other work for its library lending or archival purposes. (b) In a case where the making of the copies or phonorecords would have constituted an infringement of copyright if this title had been applicable, their importation is prohibited. In a case where the copies or phonorecords were lawfully made, the Bureau of Customs has no authority to prevent their importation unless the provisions of section 601 are applicable. In either case, the Secretary of the Treasury is authorized to prescribe, by regulation, a procedure under which any |