{"identifier":"/us/usc/t17/s1323","title":17,"num":"\u00a7\u202f1323.","heading":"Recovery for infringement","text":"\u00a7\u202f1323.\nRecovery for infringement\n(a)\nDamages.\u2014\nUpon a finding for the claimant in an action for infringement under this chapter, the court shall award the claimant damages adequate to compensate for the infringement. In addition, the court may increase the damages to such amount, not exceeding $50,000 or $1 per copy, whichever is greater, as the court determines to be just. The damages awarded shall constitute compensation and not a penalty. The court may receive expert testimony as an aid to the determination of damages.\n(b)\nInfringer\u2019s Profits.\u2014\nAs an alternative to the remedies provided in subsection (a), the court may award the claimant the infringer\u2019s profits resulting from the sale of the copies if the court finds that the infringer\u2019s sales are reasonably related to the use of the claimant\u2019s design. In such a case, the claimant shall be required to prove only the amount of the infringer\u2019s sales and the infringer shall be required to prove its expenses against such sales.\n(c)\nStatute of Limitations.\u2014\nNo recovery under subsection (a) or (b) shall be had for any infringement committed more than 3 years before the date on which the complaint is filed.\n(d)\nAttorney\u2019s Fees.\u2014\nIn an action for infringement under this chapter, the court may award reasonable attorney\u2019s fees to the prevailing party.\n(e)\nDisposition of Infringing and Other Articles.\u2014\nThe court may order that all infringing articles, and any plates, molds, patterns, models, or other means specifically adapted for making the articles, be delivered up for destruction or other disposition as the court may direct.","url":"https://projectusc.org/usc/t17/s1323.html","content":[{"t":"sec","id":"/us/usc/t17/s1323","children":[{"t":"num","text":"\u00a7\u202f1323."},{"t":"heading","text":"Recovery for infringement"},{"t":"subsec","id":"/us/usc/t17/s1323/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Damages.\u2014"},{"t":"content","text":"Upon a finding for the claimant in an action for infringement under this chapter, the court shall award the claimant damages adequate to compensate for the infringement. In addition, the court may increase the damages to such amount, not exceeding $50,000 or $1 per copy, whichever is greater, as the court determines to be just. The damages awarded shall constitute compensation and not a penalty. The court may receive expert testimony as an aid to the determination of damages.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t17/s1323/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Infringer\u2019s Profits.\u2014"},{"t":"content","text":"As an alternative to the remedies provided in subsection (a), the court may award the claimant the infringer\u2019s profits resulting from the sale of the copies if the court finds that the infringer\u2019s sales are reasonably related to the use of the claimant\u2019s design. In such a case, the claimant shall be required to prove only the amount of the infringer\u2019s sales and the infringer shall be required to prove its expenses against such sales.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t17/s1323/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Statute of Limitations.\u2014"},{"t":"content","text":"No recovery under subsection (a) or (b) shall be had for any infringement committed more than 3 years before the date on which the complaint is filed.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t17/s1323/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Attorney\u2019s Fees.\u2014"},{"t":"content","text":"In an action for infringement under this chapter, the court may award reasonable attorney\u2019s fees to the prevailing party.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t17/s1323/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Disposition of Infringing and Other Articles.\u2014"},{"t":"content","text":"The court may order that all infringing articles, and any plates, molds, patterns, models, or other means specifically adapted for making the articles, be delivered up for destruction or other disposition as the court may direct.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}