§ 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);
(d)
Award of Damages.—
(1)
Damages for section
1002 or
1003 violations.—
(A)
Actual damages.—
(B)
Statutory damages for section
1002 violations.—
(i)
Device.—
A complaining party may recover an award of statutory damages for each violation of section
1002
(a) or (c) in the sum of not more than $2,500 per device involved in such violation or per device on which a service prohibited by section
1002
(c) has been performed, as the court considers just.
(2)
Repeated violations.—
In any case in which the court finds that a person has violated section
1002 or
1003 within 3 years after a final judgment against that person for another such violation was entered, the court may increase the award of damages to not more than double the amounts that would otherwise be awarded under paragraph (1), as the court considers just.
(3)
Innocent violations of section
1002.—
The court in its discretion may reduce the total award of damages against a person violating section
1002 to a sum of not less than $250 in any case in which the court finds that the violator was not aware and had no reason to believe that its acts constituted a violation of section
1002.
(e)
Payment of Damages.—
Any award of damages under subsection (d) shall be deposited with the Register pursuant to section
1005 for distribution to interested copyright parties as though such funds were royalty payments made pursuant to section
1003.
(f)
Impounding of Articles.—
At any time while an action under subsection (a) is pending, the court may order the impounding, on such terms as it deems reasonable, of any digital audio recording device, digital musical recording, or device specified in section
1002
(c) that is in the custody or control of the alleged violator and that the court has reasonable cause to believe does not comply with, or was involved in a violation of, section
1002.
(g)
Remedial Modification and Destruction of Articles.—
In an action brought under subsection (a), the court may, as part of a final judgment or decree finding a violation of section
1002, order the remedial modification or the destruction of any digital audio recording device, digital musical recording, or device specified in section
1002
(c) that—