61 STAT.]
80rH CONG., 1ST SESS.-CH. 391-JULY 30, 1947
§ 110. Jurisdiction of actions under laws.
§ 111. District in which actions may be brought.
§ 112. Injunctions; service and enforcement.
§ 113. Transmission of certified copies of papers for enforcement of injunction
by other court.
§ 114. Review of orders, judgments, or decrees.
§ 115. Limitation of criminal proceedings.
§ 116. Costs; attorney's fees.
§ 101. INFRINGEMENT.-If any person shall infringe the copyright
in any work protected under the copyright laws of the United States
such person shall be liable:
(a) INJUNCTION. - TO an injunction restraining such infringement;
(b) DAMAGES AND PROFITS; AMOUNT; OTHER REEMEDIES. -To pay to
the copyright proprietor such damages as the copyright proprietor
may have suffered due to the infringement, as well as all the profits
which the infringer shall have made from such infringement, and in
proving profits the plaintiff shall be required to prove sales only,
and the defendant shall be required to prove every element of cost
which he claims, or in lieu of actual damages and profits, such damages
as to the court shall appear to be just, and in assessing such damages
the court may, in its discretion, allow the amounts as hereinafter
stated, but in case of a newspaper reproduction of a copyrighted
photograph, such damages shall not exceed the sum of $200 nor be less
than the sum of $50, and in the case of the infringement of an
undramatized or nondramatic work by means of motion pictures,
where the infringer shall show that he was not aware that he was
infringing, and that such infringement could not have been reasonably
foreseen, such damages shall not exceed the sum of $100; and in the
case of an infringement of a copyrighted dramatic or dramatico-
musical work by a maker of motion pictures and his agencies for
distribution thereof to exhibitors, where such infringer shows that he
was not aware that he was infringing a copyrighted work, and that
such infringements could not reasonably have been foreseen, the entire
sum of such damages recoverable by the copyright proprietor from
such infringing maker and his agencies for the distribution to
exhibitors of such infringing motion picture shall not exceed the sum
of $5,000 nor be less than $250, and such damages shall in no other
case exceed the sum of $5,000 nor be less than tile sum of $250, and
shall not be regarlded as a penalty. But the foregoing except ions shall
not deprive the copyright proprietor of any other rcnliedy given him
under this law, nor shall the limitation as to the amount of recovery
apply to infringements occurring after the actual notice to a defend-
ant, either by service of process in a suit or other written notice served
upon him.
First. In the case of a painting, statue, or sculpture, $10 for every
infringing copy made or sold by or found in the possession of the
infringer or his agents or employees;
Second. In the case of any work enumerated in section 5 of this
title, except a painting, statue, or sculpture, $1 for every infringing
copy made or sold by or found in the possession of the infringer or his
agents or employees;
Third. In the case of a lecture, sermon, or address. $50 for every
infringing delivery;
Fourth. In the case of a dramatic or dramatico-musical or a choral
or orchestral composition, $100 for the first and $50 for every subse-
quent infringing performance; in the case of other musical composi-
tions $10 for every infringing performance;
(c) IMPOUNDING DURING ACTION. -To deliver up on oath, to be
impounded during the pendency of the action, upon such terms and
conditions as the court may prescribe, all articles alleged to infringe
a copyright;
661
Newspaper
repro-
duction of copyright-
ed photograph.
Infringement by
means of motion pic-
tures.
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