Title 17, CopyrightsRelease 119-110

§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 Sep 22, 2026|Official source

Summary

People harmed by violations under this part can sue in federal court. If the court finds a violation, it can order temporary or permanent stops to the wrongdoing. The court can also decide who pays court costs and may award a reasonable lawyer’s fee to the winner. If the judge finds a violation, the winner can choose actual money lost instead of set amounts, but must pick that before the final judgment. For unpaid royalties, actual damages equal the missed payments and the court can add up to 50% more. For other violations, the court can award set amounts: up to $2,500 per device, up to $25 per digital musical recording, and up to $10,000 per illegal transmission. If a person broke the rules again within 3 years of a prior final judgment, the court can double those awards. If the violator did not know and had no reason to know they were wrong, the court may cut the damage award down but not below $250. Any money awarded is given to the Register to distribute like royalties. While the case is pending, the court can seize suspected devices or recordings, and after a finding of violation it can order those items fixed or destroyed.

Full Legal Text

Title 17, §1009

Copyrights, Source: USLM XML via OLRC

(a)Civil Actions.—

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)Other Civil Actions.—

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)Powers of the Court.—

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)Award of Damages.—

(1)Damages for section 1002 or 1003 violations.—

(A)Actual damages.—

(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)Statutory damages for section 1002 violations.—

(i)Device.—

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)Digital musical recording.—

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)Transmission.—

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)Repeated violations.—

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)Innocent violations of section 1002.—

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)Payment of Damages.—

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)Impounding of Articles.—

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)Remedial Modification and Destruction of Articles.—

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

Sep 22, 2026

Release point: 119-110