United States Code/Title 17/Chapter 10/Sections 1008 and 1009
|←←§ 1007. Procedures for distributing royalty payments||United States Code
Title 17, Chapter 10, §§ 1008 and 1009
|§ 1010. Determination of certain disputes→→|
|From the U.S. Copyright Office.: Added by the Audio Home Recording Act of 1992 (Pub. L. 102-563, Oct. 28, 1992, 106 Stat. 4237).|
§ 1008—Prohibition on certain infringement actions
No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
§ 1009—Civil remedies
(a) CIVIL ACTIONS.—Any interested copyright party injured by a violation of section 1002 or 1003 may bring a civil action in an appropriate United States district court against any person for such violation.
(b) OTHER CIVIL ACTIONS.—Any person injured by a violation of this chapter may bring a civil action in an appropriate United States district court for actual damages incurred as a result of such violation.
(c) POWERS OF THE COURT.—In an action brought under subsection (a), the court—
- (1) may grant temporary and permanent injunctions on such terms as it deems reasonable to prevent or restrain such violation;
- (2) in the case of a violation of section 1002, or in the case of an injury resulting from a failure to make royalty payments required by section 1003, shall award damages under subsection (d);
- (3) in its discretion may allow the recovery of costs by or against any party other than the United States or an officer thereof; and
- (4) in its discretion may award a reasonable attorney's fee to the prevailing party.
(d) AWARD OF DAMAGES.—
- (1) Damages for section 1002 or 1003 violations.—
- (A) Actual damages.—
- (i) In an action brought under subsection (a), if the court finds that a violation of section 1002 or 1003 has occurred, the court shall award to the complaining party its actual damages if the complaining party elects such damages at any time before final judgment is entered.
- (ii) In the case of section 1003, actual damages shall constitute the royalty payments that should have been paid under section 1004 and deposited under section 1005. In such a case, the court, in its discretion, may award an additional amount of not to exceed 50 percent of the actual damages.
- (B) Statutory damages for section 1002 violations.—
- (i) Device.—A complaining party may recover an award of statutory damages for each violation of section 1002(a) or (c) in the sum of not more than $2,500 per device involved in such violation or per device on which a service prohibited by section 1002(c) has been performed, as the court considers just.
- (ii) Digital musical recording.—A complaining party may recover an award of statutory damages for each violation of section 1002(d) in the sum of not more than $25 per digital musical recording involved in such violation, as the court considers just.
- (iii) Transmission.—A complaining party may recover an award of damages for each transmission or communication that violates section 1002(e) in the sum of not more than $10,000, as the court considers just.
- (A) Actual damages.—
- (2) Repeated violations.—In any case in which the court finds that a person has violated section 1002 or 1003 within 3 years after a final judgment against that person for another such violation was entered, the court may increase the award of damages to not more than double the amounts that would otherwise be awarded under paragraph (1), as the court considers just.
- (3) Innocent violations of section 1002.—The court in its discretion may reduce the total award of damages against a person violating section 1002 to a sum of not less than $250 in any case in which the court finds that the violator was not aware and had no reason to believe that its acts constituted a violation of section 1002.
(e) PAYMENT OF DAMAGES.—Any award of damages under subsection (d) shall be deposited with the Register pursuant to section 1005 for distribution to interested copyright parties as though such funds were royalty payments made pursuant to section 1003.
(f) IMPOUNDING OF ARTICLES.—At any time while an action under subsection (a) is pending, the court may order the impounding, on such terms as it deems reasonable, of any digital audio recording device, digital musical recording, or device specified in section 1002(c) that is in the custody or control of the alleged violator and that the court has reasonable cause to believe does not comply with, or was involved in a violation of, section 1002.
(g) REMEDIAL MODIFICATION AND DESTRUCTION OF ARTICLES.—In an action brought under subsection (a), the court may, as part of a final judgment or decree finding a violation of section 1002, order the remedial modification or the destruction of any digital audio recording device, digital musical recording, or device specified in section 1002(c) that—
- (1) does not comply with, or was involved in a violation of, section 1002, and
- (2) is in the custody or control of the violator or has been impounded under subsection (f).
Sections 1008 and 1009 were added by the Audio Home Recording Act of 1992 (Pub. L. 102-563, Oct. 28, 1992, 106 Stat. 4237).