U.S.A. Copyright Law - Library of Congress. Copyright Office (best sales books of all time txt) 📗
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primary transmission and is actionable as an act of infringement under
section 119(a)(5), a network station holding a copyright or other
license to transmit or perform the same version of that work shall, for
purposes of subsection (b) of this section, be treated as a legal or
beneficial owner if such secondary transmission occurs within the local
service area of that station.
(f)(1) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 122, a television broadcast station holding a copyright or other
license to transmit or perform the same version of that work shall, for
purposes of subsection (b) of this section, be treated as a legal or
beneficial owner if such secondary transmission occurs within the local
market of that station.
(2) A television broadcast station may file a civil action against any
satellite carrier that has refused to carry television broadcast
signals, as required under section 122(a)(2), to enforce that television
broadcast station's rights under section 338(a) of the Communications
Act of 1934.
Section 502. Remedies for infringement: Injunctions
(a) Any court having jurisdiction of a civil action arising under this
title may, subject to the provisions of section 1498 of title 28, grant
temporary and final injunctions on such terms as it may deem reasonable
to prevent or restrain infringement of a copyright.
(b) Any such injunction may be served anywhere in the United States on
the person enjoined; it shall be operative throughout the United States
and shall be enforceable, by proceedings in contempt or otherwise, by
any United States court having jurisdiction of that person. The clerk of
the court granting the injunction shall, when requested by any other
court in which enforcement of the injunction is sought, transmit
promptly to the other court a certified copy of all the papers in the
case on file in such clerk's office.
Section 503. Remedies for infringement: Impounding and disposition of
infringing articles
(a) At any time while an action under this title is pending, the court
may order the impounding, on such terms as it may deem reasonable, of
all copies or phonorecords claimed to have been made or used in
violation of the copyright owner's exclusive rights, and of all plates,
molds, matrices, masters, tapes, film negatives, or other articles by
means of which such copies or phonorecords may be reproduced.
(b) As part of a final judgment or decree, the court may order the
destruction or other reasonable disposition of all copies or
phonorecords found to have been made or used in violation of the
copyright owner's exclusive rights, and of all plates, molds, matrices,
masters, tapes, film negatives, or other articles by means of which such
copies or phonorecords may be reproduced.
Section 504. Remedies for infringement: Damages and profits [4]
(a) In General. Except as otherwise provided by this title, an infringer
of copyright is liable for either-
(1) the copyright owner's actual damages and any additional profits of
the infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits. The copyright owner is entitled to
recover the actual damages suffered by him or her as a result of the
infringement, and any profits of the infringer that are attributable to
the infringement and are not taken into account in computing the actual
damages. In establishing the infringer's profits, the copyright owner is
required to present proof only of the infringer's gross revenue, and the
infringer is required to prove his or her deductible expenses and the
elements of profit attributable to factors other than the copyrighted
work.
(c) Statutory Damages.
(1) Except as provided by clause (2) of this subsection, the copyright
owner may elect, at any time before final judgment is rendered, to
recover, instead of actual damages and profits, an award of statutory
damages for all infringements involved in the action, with respect to
any one work, for which any one infringer is liable individually, or for
which any two or more infringers are liable jointly and severally, in a
sum of not less than $750 or more than $30,000 as the court considers
just. For the purposes of this subsection, all the parts of a
compilation or derivative work constitute one work.
(2) In a case where the copyright owner sustains the burden of proving,
and the court finds, that infringement was committed willfully, the
court in its discretion may increase the award of statutory damages to a
sum of not more than $150,000. In a case where the infringer sustains
the burden of proving, and the court finds, that such infringer was not
aware and had no reason to believe that his or her acts constituted an
infringement of copyright, the court in its discretion may reduce the
award of statutory damages to a sum of not less than $200. The court
shall remit statutory damages in any case where an infringer believed
and had reasonable grounds for believing that his or her use of the
copyrighted work was a fair use under section 107, if the infringer was:
(i) an employee or agent of a nonprofit educational institution,
library, or archives acting within the scope of his or her employment
who, or such institution, library, or archives itself, which infringed
by reproducing the work in copies or phonorecords; or (ii) a public
broadcasting entity which or a person who, as a regular part of the
nonprofit activities of a public broadcasting entity (as defined in
subsection (g) of section 118) infringed by performing a published
nondramatic literary work or by reproducing a transmission 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.
Section 505. Remedies for infringement: Costs and attorney's fees
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.
Section 506. Criminal offenses [5]
(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).
Section 507. Limitations on actions [6]
(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.
Section 508. Notification of filing and determination of actions
(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.
Section 509. Seizure and forfeiture
(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.
Section 510. Remedies for alteration of programming by
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