Civil and Criminal Enforcement of the Copyright Laws: Hearing Before the Subcommittee on Patents, Copyrights and Trademarks of the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, First Session on the Authority and the Responsibility of the Federal Government to Protect Intellectual Property, April 17, 1985U.S. Government Printing Office, 1985 - 95 lappuses |
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1982 amendments actual damages Antipiracy Assistant Attorney audio audiovisual award Chairman CHARLES MCC civil remedies commercial committee computer programs concern CONGRESS THE LIBRARY convictions copies Copyright Act Copyright Convention copyright infringement copyright law Copyright Office copyright owners copyright prosecutions countries court criminal copyright infringement Criminal Division criminal enforcement criminal infringement criminal penalties criminal remedies criminal sanctions CURRAN damages and profits decision Department of Justice Department's derivative discussions effective federal felony grant guidelines heirs injunction intellectual property international copyright investigations involved issue Judiciary KIRK LADD legislation LIBRARY OF CONGRESS license Mills motion picture MPAA offense phonorecords Piracy and Counterfeiting pirated problem prosecutors protection provides question record companies reported revision RIAA RINGER royalties seizure Senator MATHIAS Senator METZENBAUM sentences software piracy sound recordings statement statutory damages tapes termination tion TOENSING U.S. attorneys United States Attorneys Universal Copyright Convention Victoria Toensing violations white collar crime
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80. lappuse - A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.
31. lappuse - 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 $250 or more than $10,000 as the court considers...
28. lappuse - CRIMINAL INFRINGEMENT. Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain...
30. lappuse - Profits. The copyright owner is entitled to recover the actual damages suffered by him or her 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.
33. lappuse - ... identified in subsection (d) of section 501, the remedies provided by sections 502 and 505, together with any actual damages suffered by such party as a result of the infringement, and the remedy provided by subsection (b) of this section. (b) In any action filed pursuant to section...
30. lappuse - Infringement," plus any of the infringer's profits "that are attributable to the infringement and are not taken into account in computing the actual damages," section 504(b) recognizes the different purposes served by awards of damages and profits. Damages are awarded to compensate the copyright owner for losses from the infringement, and profits are awarded to prevent the infringer from unfairly benefiting from a wrongful act. Where the defendant's profits are nothing more than a measure of the...
13. lappuse - I am a Deputy Assistant Attorney General in the Criminal Division of the Department of Justice.
29. lappuse - 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.
30. lappuse - In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright...
30. lappuse - ... plus any of the inf ringer's profits 'that are attributable to the infringement and are not taken into account in computing the actual damages,' section 504 (b) recognizes the different purposes served by awards of damages and profits. Damages are awarded to compensate the copyright owner for losses from the infringement, and profits are awarded to prevent the infringer from unfairly benefiting from a wrongful act. Where the defendant's profits are nothing more than a measure of the damages suffered...