17 U.S.C. § 1010 — Determination of certain disputes

Page 216 TITLE 17—COPYRIGHTS § 1010 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 com- plaining 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 con- siders just. (2) REPEATED VIOLATIONS.—In any case in which the court finds that a person has vio- lated section 1002 or 1003 within 3 years after a final judgment against that person for an- other such violation was entered, the court may increase the award of damages to not more than double the amounts that would oth- erwise 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 vio- lating 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 dam- ages under subsection (d) shall be deposited with the Register pursuant to section 1005 for dis- tribution 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 record- ing, 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 be- lieve 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 sub- section (a), the court may, as part of a final judgment or decree finding a violation of section 1002, order the remedial modification or the de- struction 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 viola- tor or has been impounded under subsection (f). (Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4245.) § 1010. Determination of certain disputes (a) SCOPE OF DETERMINATION.—Before the date of first distribution in the United States of a digital audio recording device or a digital audio interface device, any party manufacturing, im- porting, or distributing such device, and any in- terested copyright party may mutually agree to petition the Copyright Royalty Judges to deter- mine whether such device is subject to section 1002, or the basis on which royalty payments for such device are to be made under section 1003. (b) INITIATION OF PROCEEDINGS.—The parties under subsection (a) shall file the petition with the Copyright Royalty Judges requesting the commencement of a proceeding. Within 2 weeks after receiving such a petition, the Chief Copy- right Royalty Judge shall cause notice to be published in the Federal Register of the initi- ation of the proceeding. (c) STAY OF JUDICIAL PROCEEDINGS.—Any civil action brought under section 1009 against a party to a proceeding under this section shall, on application of one of the parties to the pro- ceeding, be stayed until completion of the pro- ceeding. (d) PROCEEDING.—The Copyright Royalty Judges shall conduct a proceeding with respect to the matter concerned, in accordance with such procedures as the Copyright Royalty Judges may adopt. The Copyright Royalty Judges shall act on the basis of a fully docu- mented written record. Any party to the pro- ceeding may submit relevant information and proposals to the Copyright Royalty Judges. The parties to the proceeding shall each bear their respective costs of participation. (e) JUDICIAL REVIEW.—Any determination of the Copyright Royalty Judges under subsection (d) may be appealed, by a party to the pro- ceeding, in accordance with section 803(d) of this title. The pendency of an appeal under this sub- section shall not stay the determination of the Copyright Royalty Judges. If the court modifies the determination of the Copyright Royalty Judges, the court shall have jurisdiction to enter its own decision in accordance with its final judgment. The court may further vacate the determination of the Copyright Royalty Judges and remand the case for proceedings as provided in this section. (Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4246; amended Pub. L. 103–198, § 6(b)(5), Dec. 17, 1993, 107 Stat. 2312; Pub. L. 108–419, § 5(i)(4)(A), Nov. 30, 2004, 118 Stat. 2368.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–419 amended section catchline and text generally, substituting provisions relating to de- termination of certain disputes for provisions relating to arbitration of certain disputes. 1993—Subsec. (b). Pub. L. 103–198, § 6(b)(5)(A), sub- stituted ‘‘Librarian of Congress’’ for ‘‘Copyright Roy- alty Tribunal’’ before ‘‘requesting the commencement’’ and for ‘‘Tribunal’’ wherever appearing. Subsec. (e). Pub. L. 103–198, § 6(b)(5)(B), substituted ‘‘Librarian of Congress’’ for ‘‘Copyright Royalty Tri- bunal’’ in heading and text. Subsec. (f). Pub. L. 103–198, § 6(b)(5)(C), substituted ‘‘Librarian of Congress’’ for ‘‘Copyright Royalty Tri- bunal’’ in heading and before ‘‘shall adopt or reject’’ in text, substituted ‘‘Librarian of Congress’’ for ‘‘Tri- bunal’’ wherever appearing, and substituted ‘‘the Li- brarian’s’’ for ‘‘its’’. Page 217 TITLE 17—COPYRIGHTS § 1201 1 See References in Text note below. Subsec. (g). Pub. L. 103–198, § 6(b)(5)(D), substituted ‘‘Librarian of Congress’’ for ‘‘Copyright Royalty Tri- bunal’’ after ‘‘Any decision of the’’, ‘‘decision of the Li- brarian of Congress’’ for ‘‘Tribunal’s decision’’ in sec- ond sentence, and ‘‘Librarian of Congress’’ for ‘‘Tri- bunal’’ wherever appearing in third through fifth sen- tences. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an Effective Date; Transition Provisions note under section 801 of this title. CHAPTER 11—SOUND RECORDINGS AND MUSIC VIDEOS Sec. 1101. Unauthorized fixation and trafficking in sound recordings and music videos. § 1101. Unauthorized fixation and trafficking in sound recordings and music videos (a) UNAUTHORIZED ACTS.—Anyone who, with- out the consent of the performer or performers involved— (1) fixes the sounds or sounds and images of a live musical performance in a copy or phono- record, or reproduces copies or phonorecords of such a performance from an unauthorized fixation, (2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or (3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fix- ations occurred in the United States, shall be subject to the remedies provided in sec- tions 502 through 505, to the same extent as an infringer of copyright. (b) DEFINITION.—In this section, the term ‘‘traffic’’ has the same meaning as in section 2320(e) 1 of title 18. (c) APPLICABILITY.—This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agree- ments Act. (d) STATE LAW NOT PREEMPTED.—Nothing in this section may be construed to annul or limit any rights or remedies under the common law or statutes of any State. (Added Pub. L. 103–465, title V, § 512(a), Dec. 8, 1994, 108 Stat. 4974; amended Pub. L. 109–181, § 2(c)(3), Mar. 16, 2006, 120 Stat. 288.) Editorial Notes REFERENCES IN TEXT Section 2320 of title 18, referred to in subsec. (b), was amended generally by Pub. L. 112–81, div. A, title VIII, § 818(h), Dec. 31, 2011, 125 Stat. 1497, and, as so amended, provisions similar to those formerly appearing in sub- sec. (e) are now contained in subsec. (f). The date of the enactment of the Uruguay Round Agreements Act, referred to in subsec. (c), is the date of enactment of Pub. L. 103–465, which was approved Dec. 8, 1994. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–181 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘As used in this section, the term ‘traf- fic in’ means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of.’’ CHAPTER 12—COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS Sec. 1201. Circumvention of copyright protection sys- tems. 1202. Integrity of copyright management informa- tion. 1203. Civil remedies. 1204. Criminal offenses and penalties. 1205. Savings clause. § 1201. Circumvention of copyright protection systems (a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES.—(1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter. (B) The prohibition contained in subparagraph (A) shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that par- ticular class of works under this title, as deter- mined under subparagraph (C). (C) During the 2-year period described in sub- paragraph (A), and during each succeeding 3- year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the De- partment of Commerce and report and comment on his or her views in making such recommenda- tion, shall make the determination in a rule- making proceeding for purposes of subparagraph (B) of whether persons who are users of a copy- righted work are, or are likely to be in the suc- ceeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their abil- ity to make noninfringing uses under this title of a particular class of copyrighted works. In conducting such rulemaking, the Librarian shall examine— (i) the availability for use of copyrighted works; (ii) the availability for use of works for non- profit archival, preservation, and educational purposes; (iii) the impact that the prohibition on the circumvention of technological measures ap- plied to copyrighted works has on criticism, comment, news reporting, teaching, scholar- ship, or research; (iv) the effect of circumvention of techno- logical measures on the market for or value of copyrighted works; and (v) such other factors as the Librarian con- siders appropriate.