Page:United States Statutes at Large Volume 106 Part 5.djvu/608

 106 STAT. 4246 PUBLIC LAW 102-563—OCT. 28, 1992 3 years after a final judgment against that person for another such violation was entered, the court may increase the award of damages to ^t 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 fiuids were roysdty 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 impoimding, 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) REMEDL\L 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). "(a) SCOPE OF ARBITRATION. — Before the date of first distribution in the United States of a digital audio recording device or a digital audio interface device, any party manufacturing, importing, or distributing such device, and any interested copyright party may mutually agree to binding arbitration for the purpose of determining whether such device is subject to section 1002, or the basis on which royalty payments for such device are to be made under section 1003. " (b) INITIATION OF ARBITRATION PROCEEDINGS.— Parties agreeing to such arbitration shall file a petition with the Copyright Royalty Tribimal requesting the commencement of an arbitration proceeding. The petition may include the names and quaUfications Federal of potential arbitrators. Within 2 weeks after receiving such a ^*^**t' petition, the Tribunal shall cause notice to be published in the pu ica ion. Federal Register of the initiation of an arbitration proceeding. Such notice shall include the names and qualifications of 3 arbitrators chosen by the Tribunal from a list of available arbitrators obtained from the American Arbitration Association or such similar organization as the Tribunal shall select, and from potential arbitrators Usted in the parties' petition. The arbitrators selected under this subsection shall constitute an Arbitration Panel. "(c) STAY OF JUDICIAL PROCEEDINGS.—Any civil action brought under section 1009 against a party to arbitration under this section
 * § 1010. Arbitration of certain disputes

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