§1009 Civil remedies

Summary

People harmed by violations of the copyright rules covered here can sue in federal court. Copyright owners hurt by breaking of the rules in sections 1002 or 1003 may bring a case, and any person injured by a breach of this chapter can sue for the actual money they lost. A court can order temporary or permanent stops to the illegal action. The court must give the damages described below for violations of section 1002 or for failures to pay required royalties under section 1003. The court may also award costs and, if it thinks fair, reasonable lawyer fees to the winner. If a court finds a violation, the victim can choose actual damages. For unpaid royalties, actual damages mean the royalties that should have been paid, and the court may add up to 50% more. Instead, the victim can take statutory damages: up to $2,500 per device for some violations, up to $25 per digital musical recording for others, and up to $10,000 for each illegal transmission or communication, as the court thinks fair. If the same person broke the rules again within 3 years after a final judgment, the court can double those amounts. If the violator genuinely did not know and had no reason to know they were breaking the rule, the court may lower the award but not below $250. Damage awards go to the Register to be distributed like royalties. While a case is pending, the court can impound suspected devices. As part of a final judgment, the court can order noncompliant devices changed or destroyed if they are in the violator’s control or were impounded.