PUBLIC LAW 102-563—OCT. 28, 1992 106 STAT. 4245

"§ 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 OP THE COURT.—In an action brought under sub-
section (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);

"(3) in its discretion may allow the recovery of costs by
or against any party other than the United States or an officer
thereof; and

"(4) in its discretion may award a reasonable attorney's
fee to the prevailing party,
"(d) AWARD OF DAMAGES.—

"(1) DAMAGES FOR SECTION 1002 OR 1003 VIOLATIONS.—

"(A) ACTUAL DAMAGES.—(i) In an action brought under
subsection (a), if the court finds that a violation of section
1002 or 1003 has occurred, the court shall award to the
complaining party its actual damages if the complaining
party elects such damages at any time before final judg-
ment is entered.

"(ii) In the case of section 1003, actual damages shall
constitute the royalty payments that should have been
paid under section 1004 and deposited under section 1005.
In such a case, the court, in its discretion, may award
an additional amount of not to exceed 50 percent of the
actual damages.

"(B) STATUTORY DAMAGES FOR SECTION 1002 VIO-
LATIONS.—

"(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.

"(ii) DIGITAL MUSICAL RECORDING.—A complaining
party may recover an award of statutory damages for
each violation of section 1002(d) hi the sum of not
more than $25 per digital musical recording involved
in such violation, as the court considers just.

"(iii) TRANSMISSION.—A complaining party may
recover an award of damages for each transmission
or communication that violates section 1002(e) in the
sum of not more than $10,000, 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