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1 son. The clerk of the court granting the injunction shall, when re2 quested by any other court in which enforcement of the injunction is 3 sought, transmit promptly to the other court a certified copy of all 4 the papers in the case on file in his office. 5 $ 503. Remedies for infringement: Impounding and disposition of 6 infringing articles . 7 (a) At any time while an action under this title is pending, the court 8 may order the impounding, on such terms as it may deem reasonable, 9 of all copies or phonorecords claimed to have been made or used in vio10 lation of the copyright owner's exclusive rights, and of all plates, 11 molds, matrices, masters, tapes, film negatives, or other articles by 12 means of which such copies or phonorecords may be reproduced. 13 (b) As part of a final judgment or decree, the court may order the 14 destruction or other reasonable disposition of all copies or phonorec

ords found to have been made or used in violation of the copyright

owner's exclusive rights, and of all plates, molds, matrices, masters, 17 tapes, film negatives, or other articles by means of which such copies

or phonorecords may be reproduced.

$ 504. Remedies for infringement: Damages and profits 20 (a) IN GENERAL.- Except as otherwise provided by this title, an in21 fringer 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 24 (2) statutory damages, as provided by subsection (c).

(b) ACTUAL DAMAGES AND PROFITS.- The copyright owner is en26 titled to recover the actual damages suffered by him as a result of the 27 infringement, and any profits of the infringer that are attributable to 28 the infringement and are not taken into account in computing the 29 actual damages. In establishing the infringer's profits, the copyright 30 owner is required to present proof only of the infringer's gross revenue, 31 and the infringer is required to prove his deductible expenses and the 32 elements of profit attributable to factors other than the copyrighted

work. 34 (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 8230 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 oliscretion 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 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

(a) (TrimixAL 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 $2,300 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 advan. 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, on 40 both, for any subsequent offense.

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50 (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 article bearing such notice or words that he knows to be false, shall be fined not more than $2,500.

(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.

(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. 8 507. Limitations on actions

(a) ('riminAL 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 l'nited 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, sending him a copy of the order or judgment together with the written opinion, if any, of the court.

(c) l'pon receiving the notifications specified in this section, the Register shall make them a part of the public records of the Copyright Ofice.

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Chapter 6.-MANUFACTURING REQUIREMENT AND

IMPORTATION See. 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 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

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(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 l'nited

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 l'nited States or Canada in accordance with the provisions of subsection (c); and

(3) that the infringement was commenced before the effective

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