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 Assistant Attorney Chairman CHARLES MCC civil and criminal civil remedies commercial committee computer programs concern Congress convictions cooperation copies Copyright Act copyright law Copyright Office copyright owners copyright prosecutions countries court criminal copyright infringement Criminal Division criminal infringement criminal penalties criminal remedies criminal sanctions CURRAN damages and profits decision Department of Justice Department's derivative discussions effective enacted in 1982 federal film guidelines impounding industry infringing articles injunctions intellectual property investigations involved issue Justice Department KIRK LADD LEAHY legislation license ment motion picture MPAA Nimmer phonorecords picture and sound Piracy and Counterfeiting pirated problem prosecutors protection questions record companies recording piracy remedies available reported revision RIAA RINGER Section 504 seizure Senator MATHIAS software piracy sound recordings statement statistics statutory damages Subcommittee tapes termination TOENSING Trademark U.S. attorneys United States Attorneys Universal Copyright Convention Victoria Toensing videocassettes violations white collar crime worldwide
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50. 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.
37. 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...
32. lappuse - CRIMINAL INFRINGEMENT. — Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain...
36. 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.
39. 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...
25. lappuse - Mr. Chairman and members of the subcommittee, I welcome this opportunity to appear before you to...
33. 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.
17. lappuse - I am a Deputy Assistant Attorney General in the Criminal Division of the Department of Justice.
36. 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...
39. lappuse - ... (b) FORFEITURE AND DESTRUCTION. — When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition...