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as prerequisite to infringement suit" in section catch line.

Subsec. (a). Pub. L. 100-568, $ 9(b)(1)(B), substitute "Except for actions for infringement of copyright i Berne Convention works whose country of origin i not the United States, and subject" for "Subject".

Subsec. (b)(2). Pub. L. 100-568, § 9(b)(1)(C), substi tuted "work, if required by subsection (a),” for “work'

EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-568 effective Mar. 1 1989, with any cause of action arising under this title before such date being governed by provisions in effect when cause of action arose, see section 13 o. Pub. L. 100-568, set out as a note under section 101 o. this title.

to institute an action for infringement if notice thereof, with a copy of the complaint, is served on the Register of Copyrights. The Register may, at his or her option, become a party to the action with respect to the issue of registrability of the copyright claim by entering an appearance within sixty days after such service, but the Register's failure to become a party shall not deprive the court of jurisdiction to determine that issue.

(b) In the case of a work consisting of sounds, images, or both, the first fixation of which is made simultaneously with its transmission, the copyright owner may, either before or after such fixation takes place, institute an action for infringement under section 501, fully subject to the remedies provided by sections 502 through 506 and sections 509 and 510, if, in accordance with requirements that the Register of Copyrights shall prescribe by regulation, the copyright owner

(1) serves notice upon the infringer, not less than ten or more than thirty days before such fixation, identifying the work and the specific time and source of its first transmission, and declaring an intention to secure copyright in the work; and

(2) makes registration for the work, if required by subsection (a), within three months

after its first transmission. (Pub. L. 94-553, title I, § 101, Oct. 19, 1976, 90 Stat. 2583; Pub. L. 100-568, $ 9(b)(1), Oct. 31, 1988, 102 Stat. 2859.)

CROSS REFERENCES Infringement actions, see section 501 et seq. of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 101, 412, 501 of this title.

8 412. Registration as prerequisite to certain remedies

for infringement In any action under this title, other than an action instituted under section 411(b), no award of statutory damages or of attorney's fees, as provided by sections 504 and 505, shall be made for

(1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or

(2) any infringement of copyright commenced after first publication of the work and before the effective date of its registration, unless such registration is made within three months after the first publication of

the work. (Pub. L. 94-553, title I, § 101, Oct. 19, 1976, 90 Stat. 2583.)

HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES

HOUSE REPORT NO. 94-1476

HOUSE REPORT NO. 94-1476 The first sentence of section 411(a) restates the present statutory requirement that registration must be made before a suit for copyright infringement is instituted. Under the bill, as under the law now in effect, a copyright owner who has not registered his claim can have a valid cause of action against someone who has infringed his copyright, but he cannot enforce his rights in the courts until he has made registration.

The second and third sentences of section 411(a) would alter the present law as interpreted in Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Co., 260 F.2d 637 (2d Cir. 1958). That case requires an applicant, who has sought registration and has been refused, to bring an action against the Register of Copyrights to compel the issuance of a certificate, before suit can be brought against an infringer. Under section 411, a rejected claimant who has properly applied for registration may maintain an infringement suit if notice of it is served on the Register of Copyrights. The Register is authorized, though not required, to enter the suit within 60 days; the Register would be a party on the issue of registrability only, and a failure by the Register to join the action would "not deprive the court of jurisdiction to determine that issue."

Section 411(b) is intended to deal with the special situation presented by works that are being transmitted "live" at the same time they are being fixed in tangible form for the first time. Under certain circumstances, where the infringer has been given advance notice, an injunction could be obtained to prevent the unauthorized use of the material included in the "live" transmission.

AMENDMENTS 1988--Pub. L. 100-568. & 9(b)(1)(A), substituted “Registration and infringement actions" for "Registration

The need for section 412 arises from two basic changes the bill will make in the present law.

(1) Copyright registration for published works, which is useful and important to users and the public at large, would no longer be compulsory, and should therefore be induced in some practical way.

(2) The great body of unpublished works now protected at common law would automatically be brought under copyright and given statutory protection. The remedies for infringement presently available at common law should continue to apply to these works under the statute, but they should not be given special statutory remedies unless the owner has, by registration, made a public record of his copyright claim.

Under the general scheme of the bill, a copyright owner whose work has been infringed before registration would be entitled to the remedies ordinarily avail. able in infringement cases: an injunction on terms the court considers fair, and his actual damages plus any applicable profits not used as a measure of damages. However, section 412 would deny any award of the special or “extraordinary" remedies of statutory damages or attorney's fees where infringement of copy. right in an unpublished work began before registration or where, in the case of a published work, infringement commenced after publication and before registration (unless registration has been made within

a grace period of three months after publication). These provisions would be applicable to works of for. eign and domestic origin alike.

In providing that statutory damages and attorney's fees are not recoverable for infringement of unpublished, unregistered works, clause (1) of section 412 in no way narrows the remedies available under the present law. With respect to published works, clause (2) would generally deny an award of those two special remedies where infringement takes place before registration. As an exception, however, the clause provides a grace period of three months after publication during which registration can be made without loss of remedies; full remedies could be recovered for any in. fringement begun during the three months after publication if registration is made before that period has ended. This exception is needed to take care of newsworthy or suddenly popular works which may be infringed almost as soon as they are published, before the copyright owner has had a reasonable opportunity to register his claim.

copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station.

(d) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to section 111(c)(3), the following shall also have standing to sue: (i) the primary transmitter whose transmission has been altered by the cable system; and (ii) any broadcast station within whose local service area the secondary transmission occurs.

(e) With respect to any secondary transmission that is made by a satellite carrier of a primary transmission embodying the performance or display of a work and is actionable as an act of infringement under section 119(a)(5), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station. (Pub. L. 94-553, title I, $ 101, Oct. 19, 1976, 90 Stat. 2584; Pub. L. 100-568, $ 10(a), Oct. 31, 1988, 102 Stat. 2860; Pub. L. 100-667, title II, $ 202(3), Nov. 16, 1988, 102 Stat. 3957.)

AMENDMENT OF SECTION For termination of amendment by section 207 of Pub. L. 100-667, see Effective and Termination Dates of 1988 Amendments note below.

CHAPTER 5-COPYRIGHT INFRINGEMENT AND

REMEDIES

Sec. 501. Infringement of copyright. 502. Remedies for infringement: Injunctions. 503. Remedies for infringement: Impounding and

disposition of infringing articles. 504. Remedies for infringement: Damage' and

profits. 505. Remedies for infringement: Costs and attor.

ney's fees. 506. Criminal offenses. 507. Limitations on actions. 508. Notification of filing and determination of

actions. 509. Seizure and forfeiture. 510. Remedies for alteration of programing by

cable systems. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 912 of this title.

HISTORICAL AND REVISION NOTES

HOUSE REPORT NO. 94-1476

8 501. Infringement of copyright

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 118, or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright.

(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner 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 require that such notice be served upon any person whose interest is 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.

(c) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection (c) of section 111, a television broadcast station holding a

The bill, unlike the present law, contains a general statement of what constitutes infringement of copyright. Section 501(a) identifies a copyright infringer as someone who "violates any of the exclusive rights of the copyright owner as provided by sections 106 through 118" of the bill, or who imports copies or phonorecords in violation of section 602. Under the latter section an unauthorized importation of copies or phonorecords acquired abroad is an infringement of the exclusive right of distribution under certain circumstances.

The principle of the divisibility of copyright ownership, established by section 201(d), carries with it the need in infringement actions to safeguard the rights of all copyright owners and to avoid a multiplicity of suits. Subsection (b) of section 501 enables the owner of a particular right to bring an infringement action in that owner's name alone, while at the same time insuring to the extent possible that the other owners whose rights may be affected are notified and given a chance to join the action.

The first sentence of subsection (b) empowers the "legal or beneficial owner of an exclusive right" to bring suit for “any infringement of that particular right committed while he or she is the owner of it.” A “beneficial owner" for this purpose would include, for example, an author who had parted with legal title to the copyright in exchange for percentage royalties based on sales or license fees.

The second and third sentences of section 501(b), which supplement the provisions of the Federal Rules of Civil Procedure (Title 28, Judiciary and Judicial Procedure), give the courts discretion to require the plaintiff to serve notice of the plaintiff's suit on “any

So in original. Does not conform to section catchline.

person shown, by the records of the Copyright Office ary 1, 1978, shall be governed by title 17 as it existe. or otherwise, to have or claim an interest in the copy when the cause of action arose." right"; where a person's interest “is likely to be affected by a decision in the case" a court order requiring

FEDERAL RULES OF CIVIL PROCEDURE service of notice is mandatory, As under the Federal

Application of Rules, see rule 81, Title 28, Appendix rules, the court has discretion to require joinder of

Judiciary and Judicial Procedure. "any person having or claiming an interest in the copyright"; but, if any such person wishes to become a

FEDERAL FORMS OF CIVIL PROCEDURE party, the court must permit that person's intervention.

Form of complaint for injunction and damages, see In addition to cases involving divisibility of owner form 17, Title 28, Appendix, Judiciary and Judicia ship in the same version of a work, section 501(b) is in Procedure. tended to allow a court to permit or compel joinder of

CROSS REFERENCES the owners of rights in works upon which a derivative work is based.

Acts of infringementSection 501 contains two provisions conferring Making and distributing phonorecords, see section standing to sue under the statue upon broadcast sta

115 of this title. tions in specific situations involving secondary trans Public performances, see section 116 of this title. missions by cable systems. Under subsection (c), a Secondary transmission of primary transmission, local television broadcaster licensed to transmit a work

see section 111 of this title. can sue a cable system importing the same version of Exclusive jurisdiction of district courts of actions the work into the broadcaster's local service area in arising under copyright laws, see section 1338 of Title violation of section 111(c). Subsection (d) deals with

28, Judiciary and Judicial Procedure. cases arising under section 111(c)(3), the provision Importation of copies or phonorecords without audealing with substitution or alteration by a cable thority, see section 602 of this title. system of commercials or other programming; in such Power of the Congress to regulate copyrights, see cases standing to sue is also conferred on: (1) the pri Const. Art. I, § 8, cl. 8. mary transmitter whose transmission has been altered Registration as prerequisite to infringement action by the cable system, and (2) any broadcast stations and to certain remedies for infringement, see sections within whose local service area the secondary trans 411, 412 of this title. mission occurs. These provisions are linked to section United States as infringer, action in United States 509, a new provision on remedies for alteration of pro Claims Court, see section 1498 of Title 28, Judiciary gramming by cable systems, discussed below.

and Judicial Procedure. Vicarious Liability for Infringing Performances. The Venue in copyright actions, see section 1400 of Title committee has considered and rejected an amendment 28. to this section intended to exempt the proprietors of Works consisting of sounds, images, or both, the an establishment, such as a ballroom or night club, first fixation of which is made simultaneously with its from liability for copyright infringement committed transmission, as subject to this section, although not by an independent contractor, such as an orchestra yet registered, see section 411 of this title. leader. A well-established principle of copyright law is that a person who violates any of the exclusive rights

SECTION REFERRED TO IN OTHER SECTIONS of the copyright owner is an infringer, including per

This section is referred to in sections 109, 111, 115, sons who can be considered related or vicarious in

116, 119, 411, 510, 602 of this title. fringers. To be held a related or vicarious infringer in the case of performing rights, a defendant must either actively operate or supervise the operation of the

8 502. Remedies for infringement: Injunctions place wherein the performances occur, or control the (a) Any court having jurisdiction of a civil content of the infringing program, and expect com

action arising under this title may, subject to mercial gain from the operation and either direct or

the provisions of section 1498 of title 28, grant indirect benefit from the infringing performance. The committee has decided that no justification exists for

temporary and final injunctions on such terms changing existing law, and causing a significant ero

as it may deem reasonable to prevent or resion of the public performance right.

strain infringement of a copyright.

(b) Any such injunction may be served anyAMENDMENTS

where in the United States on the person en1988-Subsec. (b). Pub. L. 100-568 substituted "sec joined; it shall be operative throughout the tion 411" for "sections 205(d) and 411".

United States and shall be enforceable, by proSubsec. (e). Pub. L. 100-667 temporarily added

ceedings in contempt or otherwise, by any subsec. (e). See Effective and Termination Dates of

United States court having jurisdiction of that 1988 Amendments note below.

person. The clerk of the court granting the inEFFECTIVE AND TERMINATION DATES OF 1988 junction shall, when requested by any other AMENDMENTS

court in which enforcement of the injunction is Amendment by Pub. L. 100-667 effective Jan. 1, sought, transmit promptly to the other court a 1989, and ceases to be effective Dec. 31, 1994, see sec certified copy of all the papers in the case on tions 206 and 207 of Pub. L. 100-667, set out as an Ef file in such clerk's office. fective and Termination Dates note under section 119 of this title.

(Pub. L. 94-553, title I, $ 101, Oct. 19, 1976, 90 Amendment by Pub. L. 100-568 effective Mar. 1,

Stat. 2584.) 1989, with any cause of action arising under this title before such date being governed by provisions in

HISTORICAL AND REVISION NOTES effect when cause of action arose, see section 13 of Pub. L. 100-568, set out as an Effective Date of 1988

HOUSE REPORT NO. 94-1476 Amendment note under section 101 of this title.

Section 502(a) (subsec. (a) of this section) reasserts CAUSES OF ACTION ARISING UNDER PREDECESSOR

the discretionary power of courts to grant injunctions

and restraining orders, whether “preliminary," "temPROVISIONS

porary,” “interlocutory,” “permanent,” or “final,” to Section 112 of Pub. L. 94-553 provided that: “All prevent or stop infringements of copyright. This causes of action that arose under title 17 before Janu power is made subject to the provisions of section 1498

articles during the time an action is pending, and to order the destruction or other disposition of articles found to be infringing. In both cases the articles af. fected include "all copies or phonorecords" which are claimed or found "to have been made or used in violation of the copyright owner's exclusive rights,” and also "all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies of phonorecords may be reproduced." The alternative phrase "made or used" in both subsections enables a court to deal as it sees fit with articles which, though reproduced and acquired lawfully, have been used for infringing purposes such as rentals, performances, and displays.

Articles may be impounded under subsection (a) “at any time while an action under this title is pending," thus permitting seizures of articles alleged to be infringing as soon as suit has been filed and without waiting for an injunction. The same subsection empowers the court to order impounding "on such terms as it may deem reasonable." The present Supreme Court rules with respect to seizure and impounding were issued even though there is no specific provision authorizing them in the copyright statute, and there appears no need for including a special provision on the point in the bill.

Under section 101(d) of the present statute (section 101(d) of former title 17), articles found to be infringing may be ordered to be delivered up for destruction. Section 503(b) of the bill would make this provision more flexible by giving the court discretion to order "destruction or other reasonable disposition" of the articles found to be infringing. Thus, as part of its final judgment or decree, the court could order the infringing articles sold, delivered to the plaintiff, or disposed of in some other way that would avoid needless waste and best serve the ends of justice.

of title 28 dealing with infringement actions against the United States. The latter reference in section 502(a) makes it clear that the bill would not permit the granting of an injunction against an infringement for which the Federal Government is liable under section 1498.

Under subsection (b), which is the counterpart of provisions in sections 112 and 113 of the present statute (sections 112 and 113 of former title 17), a copyright owner who has obtained an injunction in one State will be able to enforce it against a defendant located anywhere else in the United States.

FEDERAL RULES OF CIVIL PROCEDURE Injunctions, generally, see rule 65, Title 28, Appendix, Judiciary and Judicial Procedure. Security, Upon granting injunction pending appeal, see rule

62. Upon granting preliminary injunction, see rule 65. Territorial extent of effective service of process, see rule 4.

FEDERAL FORMS OF CIVIL PROCEDURE Form of complaint for injunction and damages, see form 17, Title 28, Appendix, Judiciary and Judicial Procedure.

CROSS REFERENCES Acts of infringementMaking and distributing phonorecords, see section

115 of this title. Public performances, see section 116 of this title. Secondary transmission of primary transmission,

see section 111 of this title. Power of court to punish for contempt for disobedi. ence to decrees or orders, see section 401 of Title 18, Crimes and Criminal Procedure.

Works consisting of sounds, image, or both, the first fixation of which is made simultaneously with its transmission, as subject to this section, although not yet registered, see section 411 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 109, 111, 115, 116, 119, 411, 510 of this title. 8 503. 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 reasonable, of all copies or phonorecords claimed 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.

(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 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. (Pub. L. 94-553, title I, $ 101, Oct. 19, 1976, 90 Stat. 2585.)

HISTORICAL AND REVISION NOTES

HOUSE REPORT NO. 94-1476 The two subsections of section 503 deal respectively with the courts' power to impound allegedly infringing

CROSS REFERENCES Acts of infringementMaking and distributing phonorecords, see section

115 of this title. Public performances, see section 116 of this title. Secondary transmission of primary transmission,

see section 111 of this title. Works consisting of sounds, images, or both, the first fixation of which is made simultaneously with its transmission, as subject to this section, although not yet registered, see section 411 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 109, 111, 115, 116, 119, 411, 510 of this title. 8 504. Remedies for infringement: Damages and prof.

its

(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 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. 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 or her deductible expenses and the

elements of profit attributable to factors other than the copyrighted work. (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 $500 or more than $20,000 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 $100,000. 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, the court it 2 its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or (ii) a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in subsection (g) of section 118) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a

work. (Pub. L. 94-553, title I, § 101, Oct. 19, 1976, 90 Stat. 2585; Pub. L. 100-568, § 10(b), Oct. 31, 1988, 102 Stat. 2860.)

ability of a copyright infringer for either "the cops right owner's actual damages and any additional proi its of the infringer,” or statutory damages. Recover of actual damages and profits under section 504(b) o of statutory damages under section 504(c) is alterna tive and for the copyright owner to elect; as under th present law, the plaintiff in an infringement suit is no obliged to submit proof of damages and profits an may choose to rely on the provision for minimum stat utory damages. However, there is nothing in section 504 to prevent a court from taking account of evidence concerning actual damages and profits in making a award of statutory damages within the range set ou in subsection (c).

Actual Damages and Profits. In allowing the plaintiff to recover "the actual damages suffered by him or her a a result of the infringement," plus any of the infring er's profits "that are attributable to the infringemen and are not taken into account in computing the actual damages," section 504(b) recognizes the differ ent purposes served by awards of damages and profits Damages are awarded to compensate the copyrigh owner for losses from the infringement, and profit: 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 dam ages suffered by the copyright owner, it would be in appropriate to award damages and profits cumulative ly, since in effect they amount to the same thing However, in cases where the copyright owner has suf fered damages not reflected in the infringer's profits or where there have been profits att able to the copyrighted work but not used as a measure of dam ages, subsection (b) authorizes the award of both.

The language of the subsection makes clear that only those profits "attributable to the infringement are recoverable; where some of the defendant's profits result from the infringement and other profits are caused by different factors, it will be necessary for the court to make an apportionment. However, the burden of proof is on the defendant in these cases; in establishing profits the plaintiff need prove only "the infringer's gross revenue,” and the defendant must prove not only “his or her deductible expenses" but also “the element of profit attributable to factors other than the copyrighted work."

Statutory Damages. Subsection (c) of section 504 makes clear that the plaintiff's election to recover statutory damages may take place at any time during the trial before the court has rendered its final judgment. The remainder of clause (1) of the subsection represents a statement of the general rates applicable to awards of statutory damages. Its principal provisions may be summarized as follows:

1. As a general rule, where the plaintiff elects to recover statutory damages, the court is obliged to award between $250 and $10,000. It can exercise discretion in awarding an amount within that range but, unless one of the exceptions provided by clause (2) is applicable, it cannot make an award of less than $250 or of more than $10,000 if the copyright owner has chosen recovery under section 504(c).

2. Although, as explained below, an award of minimum statutory damages may be multiplied if separate works and separately liable infringers are in. volved in the suit, a single award in the $250 to $10,000 range is to be made “for all infringements involved in the action." A single infringer of a single work is liable for a single amount between $250 and $10,000, no matter how many acts of infringement are involved in the action and regardless of whether the acts were separate, isolated, or occurred in a related series.

3. Where the suit involves infringement of more than one separate and independent work, minimum statutory damages for each work must be awarded. For example, if one defendant has infringed three copyrighted works, the copyright owner is entitled to statutory damages of at least $750 and may be

HISTORICAL AND REVISION NOTES

HOUSE REPORT NO. 94-1476 In General. A cornerstone of the remedies sections and of the bill as a whole is section 504, the provision dealing with recovery of actual damages, profits, and statutory damages. The two basic aims of this section are reciprocal and correlative: (1) to give the courts specific unambiguous directions concerning monetary awards, thus avoiding the confusion and uncertainty that have marked the present law on the subject, and, at the same time, (2) to provide the courts with reasonable latitude to adjust recovery to the circumstances of the case, thus avoiding some of the artificial or overly technical awards resulting from the language of the existing statute.

Subsection (a) lays the groundwork for the more detailed provisions of the section by establishing the li

* So in original. Probably should be “in”.

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