COPYRIGHT
ASSIGNMENT
COPYRIGHT
Copyright does not
protect, this Policy does not apply to, and anyone may
freely use*:
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| TITLE 17 > CHAPTER 5 > § 504 | Prev | Next |
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§ 504. Remedies for infringement: Damages and profits
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| Release date: 2005-08-01 | |
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(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 the 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 individually, or
for which any two or more infringers
are liable jointly and severally, in
a sum of not less than $750 or more
than $30,000 as the court considers
just. For the purposes of this
subsection, all the parts of a
compilation or derivative work
constitute one work.
(2)
In a case
where the copyright owner sustains
the burden of proving, and the court
finds, that infringement was
committed willfully, the court in
its discretion may increase the
award of statutory damages to a sum
of not more than $150,000. In a case
where the infringer sustains the
burden of proving, and the court
finds, that such infringer was not
aware and had no reason to believe
that his or her acts constituted an
infringement of copyright, the court
in its discretion may reduce the
award of statutory damages to a sum
of not less than $200. The court
shall remit statutory damages in any
case where an infringer believed and
had reasonable grounds for believing
that his or her use of the
copyrighted work was a fair use
under section
107, if the infringer was:
(i)
an
employee or agent of a nonprofit
educational institution,
library, or archives acting
within the scope of his or her
employment who, or such
institution, library, or
archives itself, which infringed
by reproducing the work in
copies or phonorecords; or
(ii)
a public
broadcasting entity which or a
person who, as a regular part of
the nonprofit activities of a
public broadcasting entity (as
defined in subsection (g) of
section
118) infringed by performing
a published nondramatic literary
work or by 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.
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The four fair use factors:
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4.2.1 Motion Media
Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of a multimedia project created under Section 2 of these guidelines.
4.2.2 Text Material
Up to 10% or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or otherwise incorporated as part of a multimedia project created under Section 2 of these guidelines. An entire poem of less than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from any anthology may be used. For poems of greater length, 250 words may be used but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology may be used.
4.2.4 Illustrations and Photographs
The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of an entire work. Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images by an artist or photographer may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2. When using photographs and illustrations from a published collective work, not more than 10% or 15 images, whichever is less, may be reproduced or otherwise incorporated as part of an educational multimedia project created under Section 2.
Resources:
University of Texas Copyright Crash Course
http://www.lib.utsystem.edu/copyright/
The Educator's Guide to Copyright and Fair
Use
http://www.techlearning.com/db_area/archives/TL/2002/10/copyright.html
Copyright Issues: A Quiz
http://webinstituteforteachers.org/2000/curriculum/homeroommodules/copyright/copyrightquiz/copyrighttestc.htm
The Copyright Symbol Web Page - Follow the directions for
use.
http://www.copyrightauthority.com/copyright-symbol/