Page:United States Statutes at Large Volume 90 Part 2.djvu/1117

 PUBLIC LAW 94-553—OCT. 19, 1976

9 0 STAT. 2585

§ 503. Remedies for infringement: Impounding and disposition of 17 USC 503. infringing articles (a) A t 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 i n i: 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) A s 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 i n 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. § 504. Remedies for i n f r i n g e m e n t: D a m a g e s and profits 17 USC 504, (a) IN GENERAL.—Except as otherwise provided by this title, a n 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 P R OF I T S. — The c o p y r i g h t owner is entitled

to recover the actual damages suffered by h i m or h e r 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. I n 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 h i s or h e r deductible expenses and the elements of profit attributable to factors other than the copyrighted work. (c)

STATUTORY DAMAGES.—

(1) E x c e p t as provided by clause (2) of this subsection, the copyright owner may elect, a t 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. (2) I n a case where the copyright owner sustains the b u r d e n 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 $50,000. I n a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and h a d no reason to believe that his or h e r acts constituted an infringement of copyright, the court it its discretion may reduce the award of statutory damages to a sum of not less than $100. The court shall remit statutory damages in any case where a n infringer believed and h a d reasonable grounds for believing that his or h e r 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 h i s or h e r employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies o r phonorecords; or (ii) a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public

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