09-01-2004, 01:23 AM
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Confirmed User
Join Date: Nov 2001
Posts: 2,531
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From http://www.allworth.com/Articles/article14.htm
Quote:
In terms of actual damages, the court will award the plaintiff (the copyright owner of the infringed material) the actual damages suffered by the party as a result of the violation and any profits of the violator that were obtained as a result of the infringement and were not computed in the actual damages. The plaintiff may elect to seek such damages at any time prior to the entry of final judgement. The plaintiff may also elect the statutory damages set forth in section 1203(c). For each Section 1201 violation (with respect to circumvention of technological measures) the court may award not less than $200 and not more than $2,500, and for each Section 1202 violation (with respect to copyright management information) the court may not award less than $2,500 and not more than $25,000. In the case of repeated violations of Section 1201 or 1202 within three years, the court may award damages up to triple the amount that would otherwise be appropriate.
Criminal penalties may also come into play and are applied to willful violations of the Act for purposes of commercial advantage or private financial gain. A fine of no more than $500,000 and/or imprisonment for no more than 5 years is imposed for the first violation and a fine of no more than $1,000,000 and/or imprisonment for no more than 10 years is imposed for every subsequent violation. Here, again, in the case of nonprofit libraries, archives, and educational institutions, the statute instructs the court not to assess damages in the case of an innocent infringement.
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