Title 17 — CopyrightsRelease 119-73

§1323 Recovery for infringement

Title 17 › Chapter CHAPTER 13— - PROTECTION OF ORIGINAL DESIGNS › § 1323

Last updated Apr 6, 2026|Official source

Summary

If a claimant wins an infringement case, the court must award money that fairly compensates for the harm. The court can also raise that award up to $50,000 or $1 per copy, whichever is greater. Experts may testify to help set the amount. Instead of those damages, the court can give the claimant the infringer’s profits from selling the copies if those sales are tied to using the claimant’s design. Then the claimant only needs to show the sales, and the infringer must show its expenses. No recovery is allowed for infringements that happened more than 3 years before the complaint was filed. The court can award reasonable attorney fees to the winner and can order infringing items and the molds, patterns, or tools used to make them destroyed or disposed of as it directs.

Full Legal Text

Title 17, §1323

Copyrights — Source: USLM XML via OLRC

(a)Upon a finding for the claimant in an action for infringement under this chapter, the court shall award the claimant damages adequate to compensate for the infringement. In addition, the court may increase the damages to such amount, not exceeding $50,000 or $1 per copy, whichever is greater, as the court determines to be just. The damages awarded shall constitute compensation and not a penalty. The court may receive expert testimony as an aid to the determination of damages.

(b)As an alternative to the remedies provided in subsection (a), the court may award the claimant the infringer’s profits resulting from the sale of the copies if the court finds that the infringer’s sales are reasonably related to the use of the claimant’s design. In such a case, the claimant shall be required to prove only the amount of the infringer’s sales and the infringer shall be required to prove its expenses against such sales.

(c)No recovery under subsection (a) or (b) shall be had for any infringement committed more than 3 years before the date on which the complaint is filed.

(d)In an action for infringement under this chapter, the court may award reasonable attorney’s fees to the prevailing party.

(e)The court may order that all infringing articles, and any plates, molds, patterns, models, or other means specifically adapted for making the articles, be delivered up for destruction or other disposition as the court may direct.

Reference

Citations & Metadata

Citation

17 U.S.C. § 1323

Title 17 — Copyrights

Last Updated

Apr 6, 2026

Release point: 119-73