home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Complete Home & Office Legal Guide
/
Complete Home and Office Legal Guide (Chestnut) (1993).ISO
/
stat
/
fed
/
17ch5.ws
(
.txt
)
< prev
next >
Wrap
WordStar Document
|
1993-08-16
|
16KB
|
309 lines
/* BBS LEGAL GUIDE COMMENTARY: Here's the Chapter of the
copyright code that defines the scope of infringement of
copyright, and the remedies that a copyright owner has if the
copyright is infringed */
CHAPTER 5. COPYRIGHT INFRINGEMENT AND REMEDIES
Section
501. Infringement of copyright
502. Remedies for infringement: Injunctions
503. Remedies for infringement: Impounding and disposition of
infringing articles
504. Remedies for infringement: Damages and profits
505. Remedies for infringement: Costs and attorney's fees
506. Criminal offenses
507. Limitations on actions
508. Notification of filing and determination of actions
509. Seizure and forfeiture
510. Remedies for alteration of programing by cable systems
________________
S 501. Infringement of copyright
(a) Anyone who violates any of the exclusive rights of the
copyright owner as provided by sections 106 through 118 [17 USC
SS 106-118], or who imports copies or phonorecords into the
United States in violation of section 602 [17 USC S 602], is an
infringer of the copyright.
(b) The legal or beneficial owner of an exclusive right under a
copyright is entitled, subject to the requirements of section
205(d) and 411 [17 USC SS 205(d) and 411], to institute an action
for any infringement of that particular right committed while he
or she is the owner of it. The court may require such owner to
serve written notice of the action with a copy of the complaint
upon any person shown, by the records of the Copyright Office or
otherwise, to have or claim an interest in the copyright, and
shall require that such notice be served upon any person whose
interest is likely to be affected by a decision in the case. The
court may require the joinder, and shall permit the intervention,
of any person having or claiming an interest in the copyright.
(c) For any secondary transmission by a cable system that
embodies a performance or a display of a work which is actionable
as an act of infringement under subsection (c) of section 111 [17
USC S 111(c)], 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 service area of that
television station.
(d) For any secondary transmission by a cable system that is
actionable as an act of infringement pursuant to section
111(c)(3) [17 USC S 111(c)(3)], the following shall also have
standing to sue: (i) the primary transmitter whose transmission
has been altered by the cable system; and (ii) any broadcast
station within whose local service area the secondary
transmission occurs.
S 502. Remedies for infringement: Injunctions
(a) Any court having jurisdiction of a civil action arising under
this title [17 USC SS et seq.] may, subject to the provisions of
section 1498 of title 28 [28 USC S 1498], 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.
S 503. Remedies for infringement: Impounding and disposition of
infringing articles
(a) At any time while an action under this title [17 USC SS 101
et seq.] 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.
/* You have probably heard of seizures of BBS equipment due to
allegations ((or proof)) of distribution of commercial software.
This section is the civil counterpart of seizure. */
(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.
S 504. Remedies for infringement: Damages and profits
(a) In general. Except as otherwise provided by this title [17
USC SS 101 et seq.], 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 $250 or more than $10,000 as
the court considers just. For the purposes of this subsection,
all the parts of the 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 $50,000. 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 $100. 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 fair use under section 107 [17 USC S
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 [17 USC S 118(g)]
infringed by performing a published nondramatic literary work or
by reproducing a transmission program embodying a performance of
such a work.
/* The library community is very active in the drafting of the
copyright code. For very good reason, libraries want significant
protection