§1203 — Title 17 Copyrights | U.S. Code

Summary

A person hurt by a break of section 1201 or 1202 can sue in a U.S. district court. The court can order steps to stop the wrongdoing, temporary or permanent, but it cannot put a prior restraint on speech or the press protected by the First Amendment. While the case is ongoing the court can order devices or products thought to be involved to be seized and held. The court can award money damages, decide who pays costs (but not the United States or its officers), and may give the winner reasonable attorney’s fees. As part of a final judgment the court can require fixing or destroying any device or product involved or seized. A violator must pay either actual harm plus any extra profits from the violation, or statutory damages chosen by the injured party before final judgment. Statutory damages for violations of section 1201 are $200 to $2,500 for each act of circumvention, device, product, component, offer, or service. For section 1202 violations they are $2,500 to $25,000 per violation. If someone repeats a violation within 3 years after a final judgment for another such violation, the court may raise damages up to three times the normal amount. The court may reduce damages if the violator proves they did not know and had no reason to know they violated the law. For nonprofit libraries, archives, educational institutions, or public broadcasting entities, the court must remit damages if they prove they lacked awareness and reason to believe they violated the law. Public broadcasting entity — defined under section 118(f).

Title 17, §1203

Copyrights — Source: USLM XML via OLRC

(a)Any person injured by a violation of section 1201 or 1202 may bring a civil action in an appropriate United States district court for such violation.

(b)In an action brought under subsection (a), the court—

(1)may grant temporary and permanent injunctions on such terms as it deems reasonable to prevent or restrain a violation, but in no event shall impose a prior restraint on free speech or the press protected under the 1st amendment to the Constitution;

(2)at any time while an action is pending, may order the impounding, on such terms as it deems reasonable, of any device or product 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;

(3)may award damages under subsection (c);

(4)in its discretion may allow the recovery of costs by or against any party other than the United States or an officer thereof;

(5)in its discretion may award reasonable attorney’s fees to the prevailing party; and

(6)may, as part of a final judgment or decree finding a violation, order the remedial modification or the destruction of any device or product involved in the violation that is in the custody or control of the violator or has been impounded under paragraph (2).

(c)(1)Except as otherwise provided in this title, a person committing a violation of section 1201 or 1202 is liable for either—

(A)the actual damages and any additional profits of the violator, as provided in paragraph (2), or

(B)statutory damages, as provided in paragraph (3).

(2)The court shall award to the complaining party the actual damages suffered by the party as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages, if the complaining party elects such damages at any time before final judgment is entered.

(3)(A)At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 1201 in the sum of not less than $200 or more than $2,500 per act of circumvention, device, product, component, offer, or performance of service, as the court considers just.

(B)At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 1202 in the sum of not less than $2,500 or more than $25,000.

(4)In any case in which the injured party sustains the burden of proving, and the court finds, that a person has violated section 1201 or 1202 within 3 years after a final judgment was entered against the person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just.

(5)(A)The court in its discretion may reduce or remit the total award of damages in any case in which the violator sustains the burden of proving, and the court finds, that the violator was not aware and had no reason to believe that its acts constituted a violation.

(B)(i)In this subparagraph, the term “public broadcasting entity” has the meaning given such term under section 118(f).

(ii)In the case of a nonprofit library, archives, educational institution, or public broadcasting entity, the court shall remit damages in any case in which the library, archives, educational institution, or public broadcasting entity sustains the burden of proving, and the court finds, that the library, archives, educational institution, or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (c)(5)(B)(i). Pub. L. 111–295 substituted “118(f)” for “118(g)”. 1999—Subsec. (c)(5)(B). Pub. L. 106–113 amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “In the case of a nonprofit library, archives, or educational institution, the court shall remit damages in any case in which the library, archives, or educational institution sustains the burden of proving, and the court finds, that the library, archives, or educational institution was not aware and had no reason to believe that its acts constituted a violation.”

§1203 Civil remedies

Summary

Title 17, §1203

Notes & Related Subsidiaries

Editorial Notes

Amendments

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