Editing Copyright Law/Enforcement of Copyright
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== {{anchor|Toc187940}} Remedies == | == {{anchor|Toc187940}} Remedies == | ||
Injunctive relief, both temporary and final, is commonly issued in copyright actions and is expressly provided for in section 502 of the 1976 Copyright Act. It is commonly held that once the plaintiff establishes a prima facie case of a valid copyright and its infringement, irreparable injury will be presumed and a temporary injunction will issue.<ref name="ftn330">Apple Computer, Inc. v. Formula Int’l, Inc., 725 F.2d 521 (9th Cir. 1984).</ref> The Supreme Court has, however, urged circumspection in the issuance of injunctions—at least in those cases in which the infringing material makes its own “transformative” literary, artistic or musical contribution. In such cases, the interests of the copyright-owner and of the public (in having access to the infringing work) may be best served by limiting the remedy to one for damages.<ref> | Injunctive relief, both temporary and final, is commonly issued in copyright actions and is expressly provided for in section 502 of the 1976 Copyright Act. It is commonly held that once the plaintiff establishes a prima facie case of a valid copyright and its infringement, irreparable injury will be presumed and a temporary injunction will issue.<ref name="ftn330">Apple Computer, Inc. v. Formula Int’l, Inc., 725 F.2d 521 (9th Cir. 1984).</ref> The Supreme Court has, however, urged circumspection in the issuance of injunctions—at least in those cases in which the infringing material makes its own “transformative” literary, artistic or musical contribution. In such cases, the interests of the copyright-owner and of the public (in having access to the infringing work) may be best served by limiting the remedy to one for damages.<ref>Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994); N.Y. Times Co. v. Tasini, 533 U.S. 483 (2001).</ref> The court may also order, pursuant to section 503, the impounding and the reasonable disposition (including the destruction) of all infringing copies and phonorecords and of the devices used to manufacture them. | ||
Perhaps the most intricate, and most important, remedial section of the statute is section 504, which spells out in detail the circumstances under which damages and profits may be awarded. The Act provides for the award of either ''actual'' damages and any additional profits, or what are known as ''statutory'' damages. | Perhaps the most intricate, and most important, remedial section of the statute is section 504, which spells out in detail the circumstances under which damages and profits may be awarded. The Act provides for the award of either ''actual'' damages and any additional profits, or what are known as ''statutory'' damages. |