Page:United States Statutes at Large Volume 90 Part 2.djvu/1118

 9 0 STAT. 2586 b<. r j

17 USC 505.

17 USC 506.

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PUBLIC LAW 94-553—OCT. 19, 1976 f

broadcasting entity ( a s defined i n subsection (g) of section 118) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work. § 505. R e m e d i e s for i n f r i n g e m e n t: C o s t s and a t to r n e y ' s fees I n any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or a n officer thereof. Except as otherwise provided by this title, the court may also a w a r d a reasonable attorney's fee to the prevailing party as part of the costs. § 506. C r i m i n a l offenses (a) CRIMINAL INFRINGEMENT.—Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be fined not more than $10,000 or imprisoned for not more than one year, o r b o t h: Provided, however, That any person who infringes willfully and for purposes of commercial advantage o r private financial gain the copyright i n a sound recording afforded by subsections (1), (2), or (3) of section 106 or the copyright in a motion picture afforded by subsections (1), (3), or (4) of section 106 shall be fined not more than $25,000 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more than $50,000 or imprisoned for not more than two years, or both, for any subsequent offense. (b) FORFEITURE AND DESTRUCTION.—When any person is convicted

of any violation of subsection (a), the court in its j u d g m e n t of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, o r equipment used i n the manufacture of such infringing copies or phonorecords. (c)

FRAUDULENT

COPYRIGHT

NOTICE.—Any

person

who,

with

fraudulent intent, places on any article a notice of copyright or words of the same p u r p o r t that such person knows to be false, or who, with fraudulent intent, publicly distributes or i m p o r t s for public distribuIion any aiticle beaiing such notice or words that such person knows to be false, shall be fined not more than $2,500. (d) FRAUDULENT REMOVAL o r COPYRIGHT N O T I C E. — Any person who,

17 USC 507.

17 USC 508.

with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500. (e) FALSE REPRESENTATION.—Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500. § 507. L i m i t a t i o n s on a c t i o n s (a) CRIMINAL PROCEEDINGS.—No criminal proceeding shall be maintained under the provisions of this title unless i t is commenced within three years after the cause of action arose. (b) CIVIL ACTIONS.—No civil action shall be maintained under the provisions of this title unless i t is commenced within three years after the claim accrued. § 508. Notification of filing and determination of a c t i o n s (a) W i t h i n one month after the filing of any action under this title, the clerks of the courts of the United States shall send written notification to the Register of Copyrights setting forth, as far as is

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