Title 17 — CopyrightsRelease 119-73not60

§1009 Civil Remedies

Title 17 › Chapter 10— DIGITAL AUDIO RECORDING DEVICES AND MEDIA › Subchapter D— PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, REMEDIES, AND ARBITRATION › § 1009

Last updated Apr 5, 2026|Official source

Summary

Anyone harmed by a violation of section 1002 or 1003 can file a lawsuit in a United States district court. Also, any person hurt by a violation of this part of the law can sue for the actual money loss they suffered. The court can order short‑term or permanent steps to stop the violation. For violations of section 1002 or failures to pay royalties under section 1003, the court must award damages. The person suing may choose actual damages before the case ends. For unpaid royalties under section 1003, actual damages mean the royalties that should have been paid, and the court may add up to 50% more. Instead of actual damages, the court may award set amounts: up to $2,500 per device for certain violations, up to $25 per digital musical recording for another type, and up to $10,000 for each illegal transmission or communication. If someone violates the law again within 3 years of a previous final judgment, the court may double those amounts. If the violator truly did not know and had no reason to know they were breaking the law, the court may lower damages to no less than $250. Money awards must be deposited with the Register for distribution like royalties. While a case is pending, the court may seize devices it believes are noncompliant, and after a finding of violation it may order those devices fixed or destroyed if they are controlled by the violator or were seized.

Full Legal Text

Title 17, §1009

Copyrights — Source: USLM XML via OLRC

(a)Any interested copyright party injured by a violation of section 1002 or 1003 may bring a civil action in an appropriate United States district court against any person for such violation.

(b)Any person injured by a violation of this chapter may bring a civil action in an appropriate United States district court for actual damages incurred as a result of such violation.

(c)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 such violation;

(2)in the case of a violation of section 1002, or in the case of an injury resulting from a failure to make royalty payments required by section 1003, shall award damages under subsection (d);

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

(4)in its discretion may award a reasonable attorney’s fee to the prevailing party.

(d)(1)(A)(i)In an action brought under subsection (a), if the court finds that a violation of section 1002 or 1003 has occurred, the court shall award to the complaining party its actual damages if the complaining party elects such damages at any time before final judgment is entered.

(ii)In the case of section 1003, actual damages shall constitute the royalty payments that should have been paid under section 1004 and deposited under section 1005. In such a case, the court, in its discretion, may award an additional amount of not to exceed 50 percent of the actual damages.

(B)(i)A complaining party may recover an award of statutory damages for each violation of section 1002(a) or (c) in the sum of not more than $2,500 per device involved in such violation or per device on which a service prohibited by section 1002(c) has been performed, as the court considers just.

(ii)A complaining party may recover an award of statutory damages for each violation of section 1002(d) in the sum of not more than $25 per digital musical recording involved in such violation, as the court considers just.

(iii)A complaining party may recover an award of damages for each transmission or communication that violates section 1002(e) in the sum of not more than $10,000, as the court considers just.

(2)In any case in which the court finds that a person has violated section 1002 or 1003 within 3 years after a final judgment against that person for another such violation was entered, the court may increase the award of damages to not more than double the amounts that would otherwise be awarded under paragraph (1), as the court considers just.

(3)The court in its discretion may reduce the total award of damages against a person violating section 1002 to a sum of not less than $250 in any case in which the court finds that the violator was not aware and had no reason to believe that its acts constituted a violation of section 1002.

(e)Any award of damages under subsection (d) shall be deposited with the Register pursuant to section 1005 for distribution to interested copyright parties as though such funds were royalty payments made pursuant to section 1003.

(f)At any time while an action under subsection (a) is pending, the court may order the impounding, on such terms as it deems reasonable, of any digital audio recording device, digital musical recording, or device specified in section 1002(c) that is in the custody or control of the alleged violator and that the court has reasonable cause to believe does not comply with, or was involved in a violation of, section 1002.

(g)In an action brought under subsection (a), the court may, as part of a final judgment or decree finding a violation of section 1002, order the remedial modification or the destruction of any digital audio recording device, digital musical recording, or device specified in section 1002(c) that—

(1)does not comply with, or was involved in a violation of, section 1002, and

(2)is in the custody or control of the violator or has been impounded under subsection (f).

Reference

Citations & Metadata

Citation

17 U.S.C. § 1009

Title 17 — Copyrights

Last Updated

Apr 5, 2026

Release point: 119-73not60