Copyright Law of the United States of America: Contained in Title 17 of the United States CodeUnited States
History
Copyright Law of the United States of America: Contained in Title 17 of the United States Code
United States
Copyright -- United States
(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's owner's exclusive rights, and of all
plates, molds, matrices, masters, tapes, film negative, 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.
Section 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
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 $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.
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