Page:United States Statutes at Large Volume 118.djvu/3944

 118 STAT. 3914 PUBLIC LAW 108–482—DEC. 23, 2004 ‘‘(F) a work of visual art; or ‘‘(G) copyrighted documentation or packaging; or’’; and (B) in paragraph (4), by striking ‘‘for a computer pro- gram’’; and (5) in subsection (d)— (A) by inserting ‘‘or illicit labels’’ after ‘‘counterfeit labels’’ each place it appears; and (B) by inserting before the period at the end the fol- lowing: ‘‘, and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels’’. (b) CIVIL REMEDIES.—Section 2318 of title 18, United States Code, is further amended by adding at the end the following: ‘‘(f) CIVIL REMEDIES.— ‘‘(1) IN GENERAL.—Any copyright owner who is injured, or is threatened with injury, by a violation of subsection (a) may bring a civil action in an appropriate United States district court. ‘‘(2) DISCRETION OF COURT.—In any action brought under paragraph (1), the court— ‘‘(A) may grant 1 or more temporary or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain a violation of subsection (a); ‘‘(B) at any time while the action is pending, may order the impounding, on such terms as the court deter- mines to be reasonable, of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of subsection (a); and ‘‘(C) may award to the injured party— ‘‘(i) reasonable attorney fees and costs; and ‘‘(ii)(I) actual damages and any additional profits of the violator, as provided in paragraph (3); or ‘‘(II) statutory damages, as provided in paragraph (4). ‘‘(3) ACTUAL DAMAGES AND PROFITS.— ‘‘(A) IN GENERAL.—The injured party is entitled to recover— ‘‘(i) the actual damages suffered by the injured party as a result of a violation of subsection (a), as provided in subparagraph (B) of this paragraph; and ‘‘(ii) any profits of the violator that are attributable to a violation of subsection (a) and are not taken into account in computing the actual damages. ‘‘(B) CALCULATION OF DAMAGES.—The court shall cal- culate actual damages by multiplying— ‘‘(i) the value of the phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging, by ‘‘(ii) the number of phonorecords, copies, or works of visual art which are, or are intended to be, affixed with, enclosed in, or accompanied by any counterfeit labels, illicit labels, or counterfeit documentation or packaging. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00448 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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