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 wo
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