54 1 2 § 501. Infringement of copyright (a) Anyone who violates any of the exclusive rights of the copy3 right owner as provided by sections 106 through 117, or who imports 4 copies or phonorecords into the United States in violation of section 6 8 10 11 (b) The legal or beneficial owner of an exclusive right under a 7 copyright is entitled, subject to the requirements of sections 205 (d) and 411, to institute an action for any infringement of that particular 9 right committed while he is the owner of it. The court may require him to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall re13 quire that such notice be served upon any person whose interest is 14 likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright. 12 15 16 17 18 19 20 21 23 § 502. Remedies for infringement: Injunctions (a) Any court having jurisdiction of a civil action arising under this title may, subject to the provisions of section 1498 of title 28, grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright. 22 (b) Any such injunction may be served anywhere in the United States on the person enjoined; it shall be operative throughout the United States and shall be enforceable, by proceedings in contempt or otherwise, by any United States court having jurisdiction of that person. The clerk of the court granting the injunction shall, when 27 requested by any other court in which enforcement of the injunction is sought, transmit promptly to the other court a certified copy of all the 29 papers in the case on file in his office. 24 25 26 28 30 31 32 33 35 § 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 rea34 sonable, of all copies or phonorecords claimed to have been made or used in violation of the copyright owner's exclusive rights, and of all 36 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 37 38 39 40 55 1 2 3 4 5 6 7 8 9 10 11 12 13 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. § 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 14 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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2 2 1 2 2 2 2 2 2 2 2 2 2 1889 31 32 33 34 35 36 37 38 39 40 (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 $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 1 2 3 4 5 6 7 8 9 10 11 12 14 56 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. § 505. Remedies for infringement: Costs and attorney's fees 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 copy18 right willfully and for purposes of commercial advantage or private financial gain shall be fined not more than $2,500 or imprisoned 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 one year, or both, for any subsequent offense. 15 16 17 18 19 20 (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 22 article bearing such notice or words that he knows to be false, shall be fined not more than $2,500. 21 23 25 24 (c) FRAUDULENT REMOVAL OF COPYRIGHT NOTICE.-Any person who, with fraudulent intent, removes or alters any notice of copyright 26 appearing on a copy of a copyrighted work shall be fined not more than $2,500. 27 29 28 (d) FALSE REPRESENTATION.-Any person who knowingly makes a false representation of a material fact in the application for copyright 30 registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500. (a) CRIMINAL PROCEEDINGS.-No criminal proceeding shall be main 35 tained under the provisions of this title unless it is commenced within (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. 57 § 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, sending him a copy of the order or judgment together with the written opinion, if any, of the court. (c) Upon receiving the notifications specified in this section, the Register shall make them a part of the public records of the Copyright Office. Chapter 6.-MANUFACTURING REQUIREMENT AND IMPORTATION 24 Sec. 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 25 language and is protected under this title is prohibited unless the portions consisting of such material have been manufactured in the United States or Canada. 27 32 33 34 35 36 37 (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 a 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 na 20-344 O 73-5 58 tional 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 (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. |