Copyright Law of the United States of America: contained in Title 17 of the United States Code. by United States;Library of Congress. Copyright Office
page 100 of 131 (76%)
page 100 of 131 (76%)
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phonorecords may be reproduced.
Section 504. Remedies for infringement: Damages and profits. (a) In General. -- Except as otherwise provided by this title, an infringer of copyright is liable for either- (1) the copyright owner's actual damages and any additional profits of infringer, as provided by subsection (b); or (2) statutory damages, as provided by subsection (c). (b) Actual Damages and Profits. -- The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work. (c) Statutory Damages. -- (1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable |
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