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mission program embodying a performance of such a work. (d) Additional Damages in Certain Cases. - In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110(5) did not have reasonable grounds to believe that its use of a copyrighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years. -SOURCE- (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2585; Pub. L. 100-568, Sec. 10(b), Oct. 31, 1988, 102 Stat. 2860; Pub. L. 105-80, Sec. 12(a)(13), Nov. 13, 1997, 111 Stat. 1535; Pub. L. 105-298, title II, Sec. 204, Oct. 27, 1998, 112 Stat. 2833; Pub. L. 106-160, Sec. 2, Dec. 9, 1999, 113 Stat. 1774.) -MISC1- HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94-1476 In General. A cornerstone of the remedies sections and of the bill as a whole is section 504, the provision dealing with recovery of actual damages, profits, and statutory damages. The two basic aims of this section are reciprocal and correlative: (1) to give the courts specific unambiguous directions concerning monetary awards, thus avoiding the confusion and uncertainty that have marked the present law on the subject, and, at the same time, (2) to provide the courts with reasonable latitude to adjust recovery to the circumstances of the case, thus avoiding some of the artificial or overly technical awards resulting from the language of the existing statute. Subsection (a) lays the groundwork for the more detailed provisions of the section by establishing the liability of a copyright infringer for either "the copyright owner's actual damages and any additional profits of the infringer," or statutory damages. Recovery of actual damages and profits under section 504(b) or of statutory damages under section 504(c) is alternative and for the copyright owner to elect; as under the present law, the plaintiff in an infringement suit is not obliged to submit proof of damages and profits and may choose to rely on the provision for minimum statutory damages. However, there is nothing in section 504 to prevent a court from taking account of evidence concerning actual damages and profits in making an award of statutory damages within the range set out in subsection (c). Actual Damages and Profits. In allowing the plaintiff to recover "the actual damages suffered by him or her as a result of the infringement," plus any of the infringer's profits "that are attributable to the infringement and are not taken into account in computing the actual damages," section 504(b) recognizes the different purposes served by awards of damages and profits. Damages are awarded to compensate the copyright owner for losses from the infringement, and profits are awarded to prevent the infringer from unfairly benefiting from a wrongful act. Where the defendant's profits are nothing more than a measure of the damages suffered by the copyright owner, it would be inappropriate to award damages and profits cumulatively, since in effect they amount to the same thing. However, in cases where the copyright owner has suffered damages not reflected in the infringer's profits, or where there have been profits attributable to the copyrighted work but not used as a measure of damages, subsection (b) authorizes the award of both. The language of the subsection makes clear that only those profits "attributable to the infringement" are recoverable; where some of the defendant's profits result from the infringement and other profits are caused by different factors, it will be necessary for the court to make an apportionment. However, the burden of proof is on the defendant in these cases; in establishing profits the plaintiff need prove only "the infringer's gross revenue," and the defendant must prove not only "his or her deductible expenses" but also "the element of profit attributable to factors other than the copyrighted work." Statutory Damages. Subsection (c) of section 504 makes clear that the plaintiff's election to recover statutory damages may take place at any time during the trial before the court has rendered its final judgment. The remainder of clause (1) of the subsection represents a statement of the general rates applicable to awards of statutory damages. Its principal provisions may be summarized as follows: 1. As a general rule, where the plaintiff elects to recover statutory damages, the court is obliged to award between $250 and $10,000. It can exercise discretion in awarding an amount within that range but, unless one of the exceptions provided by clause (2) is applicable, it cannot make an award of less than $250 or of more than $10,000 if the copyright owner has chosen recovery under section 504(c). 2. Although, as explained below, an award of minimum statutory damages may be multiplied if separate works and separately liable infringers are involved in the suit, a single award in the $250 to $10,000 range is to be made "for all infringements involved in the action." A single infringer of a single work is liable for a single amount between $250 and $10,000, no matter how many acts of infringement are involved in the action and regardless of whether the acts were separate, isolated, or occurred in a related series. 3. Where the suit involves infringement of more than one separate and independent work, minimum statutory damages for each work must be awarded. For example, if one defendant has infringed three copyrighted works, the copyright owner is entitled to statutory damages of at least $750 and may be awarded up to $30,000. Subsection (c)(1) makes clear, however, that, although they are regarded as independent works for other purposes, "all the parts of a compilation or derivative work constitute one work" for this purpose. Moreover, although the minimum and maximum amounts are to be multiplied where multiple "works" are involved in the suit, the same is not true with respect to multiple copyrights, multiple owners, multiple exclusive rights, or multiple registrations. This point is especially important since, under a scheme of divisible copyright, it is possible to have the rights of a number of owners of separate "copyrights" in a single "work" infringed by one act of a defendant. 4. Where the infringements of one work were committed by a single infringer acting individually, a single award of statutory damages would be made. Similarly, where the work was infringed by two or more joint tortfeasors, the bill would make them jointly and severally liable for an amount in the $250 to $10,000 range. However, where separate infringements for which two or more defendants are not jointly liable are joined in the same action, separate awards of statutory damages would be appropriate. Clause (2) of section 504(c) provides for exceptional cases in which the maximum award of statutory damages could be raised from $10,000 to $50,000, and in which the minimum recovery could be reduced from $250 to $100. The basic principle underlying this provision is that the courts should be given discretion to increase statutory damages in cases of willful infringement and to lower the minimum where the infringer is innocent. The language of the clause makes clear that in these situations the burden of proving willfulness rests on the copyright owner and that of proving innocence rests on the infringer, and that the court must make a finding of either willfulness or innocence in order to award the exceptional amounts. The "innocent infringer" provision of section 504(c)(2) has been the subject of extensive discussion. The exception, which would allow reduction of minimum statutory damages to $100 where the infringer "was not aware and had no reason to believe that his or her acts constituted an infringement of copyright," is sufficient to protect against unwarranted liability in cases of occasional or isolated innocent infringement, and it offers adequate insulation to users, such as broadcasters and newspaper publishers, who are particularly vulnerable to this type of infringement suit. On the other hand, by establishing a realistic floor for liability, the provision preserves its intended deterrent effect; and it would not allow an infringer to escape simply because the plaintiff failed to disprove the defendant's claim of innocence. In addition to the general "innocent infringer" provision clause (2) deals with the special situation of teachers, librarians, archivists, and public broadcasters, and the nonprofit institutions of which they are a part. Section 504(c)(2) provides that, where such a person or institution infringed copyrighted material in the honest belief that what they were doing constituted fair use, the court is precluded from awarding any statutory damages. It is intended that, in cases involving this provision, the burden of proof with respect to the defendant's good faith should rest on the plaintiff. AMENDMENTS 1999 - Subsec. (c)(1). Pub. L. 106-160, Sec. 2(1), substituted "$750" for "$500" and "$30,000" for "$20,000". Subsec. (c)(2). Pub. L. 106-160, Sec. 2(2), substituted "$150,000" for "$100,000". 1998 - Subsec. (d). Pub. L. 105-298 added subsec. (d). 1997 - Subsec. (c)(2). Pub. L. 105-80 substituted "the court in its discretion" for "the court it its discretion". 1988 - Subsec. (c)(1). Pub. L. 100-568, Sec. 10(b)(1), substituted "$500" for "$250" and "$20,000" for "$10,000". Subsec. (c)(2). Pub. L. 100-568, Sec. 10(b)(2), substituted "$100,000" for "$50,000" and "$200" for "$100". EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-160, Sec. 4, Dec. 9, 1999, 113 Stat. 1774, provided that: "The amendments made by section 2 [amending this section] shall apply to any action brought on or after the date of the enactment of this Act [Dec. 9, 1999], regardless of the date on which the alleged activity that is the basis of the action occurred." EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-298 effective 90 days after Oct. 27, 1998, see section 207 of Pub. L. 105-298, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-568 effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions in effect when cause of action arose, see section 13 of Pub. L. 100-568, set out as a note under section 101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 109, 111, 115, 119, 122, 401, 402, 405, 411, 412, 510, 511, 1101 of this title; title 28 section 1498. -End- -CITE- 17 USC Sec. 505 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES -HEAD- Sec. 505. Remedies for infringement: Costs and attorney's fees -STATUTE- In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney's fee to the prevailing party as part of the costs. -SOURCE- (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2586.) -MISC1- HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94-1476 Under section 505 the awarding of costs and attorney's fees are left to the court's discretion, and the section also makes clear that neither costs nor attorney's fees can be awarded to or against "the United States or an officer thereof." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 109, 111, 115, 119, 122, 411, 412, 510, 511, 1101 of this title. -End- -CITE- 17 USC Sec. 506 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES -HEAD- Sec. 506. Criminal offenses -STATUTE- (a) Criminal Infringement. - Any person who infringes a copyright willfully either - (1) for purposes of commercial advantage or private financial gain, or (2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement. (b) Forfeiture and Destruction. - When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords. (c) Fraudulent Copyright Notice. - Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500. (d) Fraudulent Removal of Copyright Notice. - Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500. (e) False Representation. - Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500. (f) Rights of Attribution and Integrity. - Nothing in this section applies to infringement of the rights conferred by section 106A(a). -SOURCE- (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2586; Pub. L. 97-180, Sec. 5, May 24, 1982, 96 Stat. 93; Pub. L. 101-650, title VI, Sec. 606(b), Dec. 1, 1990, 104 Stat. 5131; Pub. L. 105-147, Sec. 2(b), Dec. 16, 1997, 111 Stat. 2678.) -MISC1- HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94-1476 Four types of criminal offenses actionable under the bill are listed in section 506: willful infringement for profit, fraudulent use of a copyright notice, fraudulent removal of notice, and false representation in connection with a copyright application. The maximum fine on conviction has been increased to $10,000 and, in conformity with the general pattern of the Criminal Code (18 U.S.C.), no minimum fines have been provided. In addition to or instead of a fine, conviction for criminal infringement under section 506(a) can carry with it a sentence of imprisonment of up to one year. Section 506(b) deals with seizure, forfeiture, and destruction of material involved in cases of criminal infringement. Section 506(a) contains a special provision applying to any person who infringes willfully and for purposes of commercial advantage the copyright in a sound recording or a motion picture. For the first such offense a person shall be fined not more than $25,000 or imprisoned for not more than one year, or both. For any subsequent offense a person shall be fined not more than $50,000 or imprisoned not more than two years, or both. AMENDMENTS 1997 - Subsec. (a). Pub. L. 105-147 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "(a) Criminal Infringement. - Any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished as provided in section 2319 of title 18." 1990 - Subsec. (f). Pub. L. 101-650 added subsec. (f). 1982 - Subsec. (a). Pub. L. 97-180 substituted "shall be punished as provided in section 2319 of title 18" for "shall be fined not more than $10,000 or imprisoned for not more than one year, or both: Provided, however, That any person who infringes willfully and for purposes of commercial advantage or private financial gain the copyright in a sound recording afforded by subsections (1), (2), or (3) of section 106 or the copyright in a motion picture afforded by subsections (1), (3), or (4) of section 106 shall be fined not more than $25,000 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more than $50,000 or imprisoned for not more than two years, or both, for any subsequent offense". EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-650 effective 6 months after Dec. 1, 1990, see section 610 of Pub. L. 101-650, set out as an Effective Date note under section 106A of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 101, 109, 111, 115, 119, 122, 411, 501, 509 of this title; title 18 section 2319; title 19 section 1595a. -End- -CITE- 17 USC Sec. 507 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES -HEAD- Sec. 507. Limitations on actions -STATUTE- (a) Criminal Proceedings. - Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose. (b) Civil Actions. - No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. -SOURCE- (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2586; Pub. L. 105-147, Sec. 2(c), Dec. 16, 1997, 111 Stat. 2678; Pub. L. 105-304, title I, Sec. 102(e), Oct. 28, 1998, 112 Stat. 2863.) -MISC1- HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94-1476 Section 507, which is substantially identical with section 115 of the present law [section 115 of former title 17], establishes a three-year statute of limitations for both criminal proceedings and civil actions. The language of this section, which was adopted by the act of September 7, 1957 (71 Stat. 633) [Pub. L. 85-313, Sec. 1, Sept. 7, 1957, 71 Stat. 633], represents a reconciliation of views, and has therefore been left unaltered. AMENDMENTS 1998 - Subsec. (a). Pub. L. 105-304 substituted "Except as expressly provided otherwise in this title, no" for "No". 1997 - Subsec. (a). Pub. L. 105-147 substituted "5" for "three". -End- -CITE- 17 USC Sec. 508 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES -HEAD- Sec. 508. Notification of filing and determination of actions -STATUTE- (a) Within one month after the filing of any action under this title, the clerks of the courts of the United States shall send written notification to the Register of Copyrights setting forth, as far as is shown by the papers filed in the court, the names and addresses of the parties and the title, author, and registration number of each work involved in the action. If any other copyrighted work is later included in the action by amendment, answer, or other pleading, the clerk shall also send a notification concerning it to the Register within one month after the pleading is filed. (b) Within one month after any final order or judgment is issued in the case, the clerk of the court shall notify the Register of it, sending with the notification a copy of the order or judgment together with the written opinion, if any, of the court. (c) Upon receiving the notifications specified in this section, the Register shall make them a part of the public records of the Copyright Office. -SOURCE- (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2586.) -MISC1- HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94-1476 Section 508, which corresponds to some extent with a provision in the patent law (35 U.S.C. 290), is intended to establish a method for notifying the Copyright Office and the public of the filing and disposition of copyright cases. The clerks of the Federal courts are to notify the Copyright Office of the filing of any copyright actions and of their final disposition, and the Copyright Office is to make these notifications a part of its public records. -End- -CITE- 17 USC Sec. 509 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES -HEAD- Sec. 509. Seizure and forfeiture -STATUTE- (a) All copies or phonorecords manufactured, reproduced, distributed, sold, or otherwise used, intended for use, or possessed with intent to use in violation of section 506(a), and all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced, and all electronic, mechanical, or other devices for manufacturing, reproducing, or assembling such copies or phonorecords may be seized and forfeited to the United States. (b) The applicable procedures relating to (i) the seizure, summary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violations of the customs laws contained in title 19, (ii) the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof, (iii) the remission or mitigation of such forfeiture, (iv) the compromise of claims, and (v) the award of compensation to informers in respect of such forfeitures, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section; except that such duties as are imposed upon any officer or employee of the Treasury Department or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the provisions of the customs laws contained in title 19 shall be performed with respect to seizure and forfeiture of all articles described in subsection (a) by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General. -SOURCE- (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2587; Pub. L. 105-80, Sec. 12(a)(14), Nov. 13, 1997, 111 Stat. 1535.) -MISC1- AMENDMENTS 1997 - Subsec. (b). Pub. L. 105-80 substituted "merchandise, and baggage" for "merchandise; and baggage" before "under the provisions of the customs laws". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 109, 111, 115, 119, 122, 411 of this title; title 18 section 2318; title 19 section 1595a. -End- -CITE- 17 USC Sec. 510 01/19/04 -EXPCITE- TITLE 17 - COPYRIGHTS CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES -HEAD- Sec. 510. Remedies for alteration of programming by cable systems -STATUTE- (a) In any action filed pursuant to section 111(c)(3), the following remedies shall be available: (1) Where an action is brought by a party identified in subsections (b) or (c) of section 501, the remedies provided by

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