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(c) STATUTORY DAMAGES.

(1) Except as provided in clause (2) of this subsection, the copyright owner may elect 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 that infringement was committed willfully after service upon the infringer of a written notice to desist, the court in its discretion

may increase the award of statutory damages to a sum of not more than $20,000. In a case where the infringer sustains the burden of proving 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 dam

ages to a sum of not less than $100. 8 505. 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. 8 506. Criminal offenses

(a) CRIMINAL INFRINGEMENT.—Any person who infringes a copyright 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 three years, or both, for any subsequent offense.

(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

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1 appearing on a copy of a copyrighted work shall be fined not more 2 than $2,500. 3 (d) FALSE REPRESENTATION.—Any person who knowingly makes 4 a false representation of a material fact in the application for copy5 right registration provided for by section 408, or in any written state6 ment filed in connection with the application, shall be fined not more 7 than $2,500. 8 8 507. Limitations on actions 9 (a) CRIMINAL PROCEEDINGS.—No criminal proceeding shall be main10 tained under the provisions of this title unless it is commenced within 11 three years after the cause of action arose. 12 (b) CIVIL ACTIONS.—No civil action shall be maintained under the 13 provisions of this title unless it is commenced within three years after 14 the claim accrued. 15 8 508. Notification of filing and determination of actions 16 (a) Within one month after the filing of any action under this 17 title, the clerks of the courts of the United States shall send written 18 notification to the Register of Copyrights setting forth, as far as is 19 shown by the papers filed in the court, the names and addresses of the 20 parties and the title, author, and registration number of each work 21 involved in the action. If any other copyrighted work is later in22 cluded in the action by amendment, answer, or other pleading, the 23 clerk shall also send a notification concerning it to the Register within 24 one month after the pleading is filed. 25 (b) Within one month after any final order or judgment is issued 26 in the case, the clerk of the court shall n stify the Register of it, sond27 ing him a copy of the order or judgment together with the written 28 opinion, if any, of the court. 29 (c) Upon receiving the notifications specified in this section, the 80 Register shall make them a part of the public records of the Copyright 31 Office.

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32 CHAPTER 6-MANUFACTURING REQUIREMENT AND 83

IMPORTATION
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. 34 $ 601. Manufacture, importation, and public distribution of cer85

tain copies 86 (a) Except as provided by subsection (b), the importation into or 87 public distribution in the United States of copies of a work consist38 ing preponderantly of nondramatic literary material that is in the

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1 English language and is protected under this title is prohibited unless 2 the portions consisting of such material have been manufactured in 3 the United States. 4 (b) The provisions of subsection (a) do not apply: 5

(1) where, on the date when importation is sought or public 6 distribution in the United States is made, the author of any sub7 stantial part of such material is neither a citizen nor a domiciliary 8 of the United States; 9

(2) where the Bureau of Customs is presented with an import 10 statement issued under the seal of the Copyright Office, in which 11 case a total of no more than 3,500 copies of any one such work 12 shall be allowed entry; the import statement shall be issued upon 13 request to the copyright owner or to a person designated by him 14 at the time of registration for the work under section 407 or at 15 any time thereafter; 16 (3) where importation is sought under the authority or for the 17 use, other than in schools, of the government of the United 18 States or of any State; 19 (4) where importation, for use and not for sale, is sought; 20

(A) by any person with respect to no more than one copy 21

of any one work at any one time; 22

(B) by any person arriving from abroad, with respect to 28

copies forming part of his personal baggage; or 24

(C) by an organization operated for scholarly, educational, 25

or religious purposes and not for private gain, with respect 26

to copies intended to form a part of its library; 27

(5) where the copies are reproduced in raised characters for the 28 use of the blind. 29

(6) where, in addition to copies imported under clauses (3) and 30 (4) of this subsection, no more than 3,500 copies of any one such 31 work, which have not been manufactured in the United States, 32 are publicly distributed in the United States. 83 (c) The requirement of this section that copies be manufactured in 34 the United States is satisfied where they have been printed from type 35 set in the United States, either by hand or by the aid of any typesetting 36 machine, or from plates made in the United States from type set there87 in, or, if the text has been produced by lithographic process, or photo38 engraving process, then by a process wholly performed in the United 39 States, and where the printing of the text and binding of the copies 40 have been performed in the United States. If the copies have been 41 printed or produced by any process other than those specified in this

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subsection, the requirement is satisfied where every step in their reproductive manufacture took place in the United States

(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 action for infringement of the exclusive rights to reproduce and distributo-copies of the work, the infringer has a complete defense if:

(1) ho proves that copies of the work have been imported into or publicly distributed in the United States in violation of this section, and that the infringing copies were manufactured in the United States; and

(2) the owner of such exclusive rights then fails to sustain the burden of proving either:

(A) that such importation or public distribution was without his authority or acquiescence; or

(B) that the infringement was commenced more than three months after the effective date of registration for an authorized edition of the work, the copies of which have been

manufactured in the United States.
8 602. 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 for the purpose of distribution to the public is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under section 501. This section does not apply to importation by an organization operated for scholarly, educational, or religious purposes and not for private gain, with respect to copies or phonorecords intended to form a part of its library.

(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 person claiming an interest in the copyright in a particular work may, upon payment of a specified fee, be entitled to notification by the Bureau of the importation of articles that appear to be copies or phono records of the work.

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8 603. Importation prohibitions: Enforcement and disposition of

excluded articles (a) The Secretary of the Treasury and the Postmaster General shall separately or jointly make regulations for the enforcement of the provisions of this title prohibiting importation.

(b) These regulations may require, as a condition for the exclusion of articles under section 602:

(1) that the person seeking exclusion obtain a court order enjoining importation of the articles; or

(2) that he furnish proof, of a specified nature and in accordance with prescribed procedures, that the copyright in which he claims an interest is valid and that the importation would violate the prohibition in section 602; he may also be required to post a surety bond for any injury that may result if the detention or

exclusion of the articles proves to be unjustified. (c) Articles imported in violation of the importation prohibitions of this title are subject to seizure and forfeiture in the same manner as property imported in violation of the customs revenue laws. Forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be; however, the articles returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his acts constituted a violation of law.

CHAPTER 7-COPYRIGHT OFFICE Sec. 701. The Copyright Office: general responsibilities and organization. 702. Copyright Office regulations. 703. Effective date actions in Copyright Office. 704. Retention and disposition of articles deposited in Copyright Office. 705. Copyright Office records : preparation, mainterrance, public inspection, and

searching 706. Copies of Copyright Office records. 707. Copyright Office forms and publications. 708. Copyright Office fees. 8 701. The Copyright Office: General responsibilities and organi

zation (a) All administrative functions and duties under this title, except as otherwise specified, are the responsibility of the Register of Copyrights as director of the Copyright Office in the Library of Congress. The Register of Copyrights, together with the subordinate officers and employees of the Copyright Office, shall be appointed by the Librarian of Congress, and shall act under his general direction and supervision.

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