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Old 04-10-2005, 12:26 PM  
Mike Okitch
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Join Date: May 2004
Location: Guantanamo Bay, Cuba
Posts: 4,126
Quote:
Originally Posted by AlienQ
(b) Civil Remedies.--Section 2318 of title 18, United States Code,
is further amended by adding at the end the following:
``(f) Civil Remedies.--
``(1) In general.--Any copyright owner who is injured, or is
threatened with injury, by a violation of subsection (a) may
bring a civil action in an appropriate United States district
court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain a violation of
subsection (a);
``(B) at any time while the action is pending, may
order the impounding, on such terms as the court
determines to be reasonable, of any article that is in
the custody or control of the alleged violator and that
the court has reasonable cause to believe was involved
in a violation of subsection (a); and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs; and
``(ii)(I) actual damages and any additional
profits of the violator, as provided in paragraph
(3); or
``(II) statutory damages, as provided in
paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the
injured party as a result of a violation of
subsection (a), as provided in subparagraph (B) of
this paragraph; and
``(ii) any profits of the violator that are
attributable to a violation of subsection (a) and
are not taken into account in computing the actual
damages.
``(B) Calculation of damages.--The court shall
calculate actual damages by multiplying--
``(i) the value of the phonorecords, copies,
or works of visual art which are, or are intended
to be, affixed with, enclosed in, or accompanied
by any counterfeit labels, illicit labels, or
counterfeit documentation or packaging, by
``(ii) the number of phonorecords, copies, or
works of visual art which are, or are intended to
be, affixed with, enclosed in, or accompanied by
any counterfeit labels, illicit labels, or
counterfeit documentation or packaging.
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