uthorizing the distribution of such
royalty payments, deduct the reasonable administrative costs incurred by
the Librarian under this section.

Subchapter D - Prohibition on Certain Infringement Actions, Remedies,
and Arbitration

Section 1008. Prohibition on certain infringement actions

No action may be brought under this title alleging infringement of
copyright based on the manufacture, importation, or distribution of a
digital audio recording device, a digital audio recording medium, an
analog recording device, or an analog recording medium, or based on the
noncommercial use by a consumer of such a device or medium for making
digital musical recordings or analog musical recordings.

Section 1009. Civil remedies

(a) Civil Actions. Any interested copyright party injured by a violation
of section 1002 or 1003 may bring a civil action in an appropriate
United States district court against any person for such violation.

(b) Other Civil Actions. Any person injured by a violation of this
chapter may bring a civil action in an appropriate United States
district court for actual damages incurred as a result of such
violation.

(c) Powers of the Court. In an action brought under subsection (a), the
court-

(1) may grant temporary and permanent injunctions on such terms as it
deems reasonable to prevent or restrain such violation;

(2) in the case of a violation of section 1002, or in the case of an
injury resulting from a failure to make royalty payments required by
section 1003, shall award damages under subsection (d);

(3) in its discretion may allow the recovery of costs by or against any
party other than the United States or an officer thereof; and

(4) in its discretion may award a reasonable attorney's fee to the
prevailing party.

(d) Award of Damages.

(1) Damages for section 1002 or 1003 violations.

(A) Actual damages.

(i) In an action brought under subsection (a), if the court finds that a
violation of section 1002 or 1003 has occurred, the court shall award to
the complaining party its actual damages if the complaining party elects
such damages at any time before final judgment is entered.

(ii) In the case of section 1003, actual damages shall constitute the
royalty payments that should have been paid under section 1004 and
deposited under section 1005. In such a case, the court, in its
discretion, may award an additional amount of not to exceed 50 percent
of the actual damages