Jonathan Band’s DMCA Memo
TITLE I: WIPO TREATIES IMPLEMENTATION
Civil Remedies and Criminal Penalties
The DMCA creates civil remedies and criminal penalties for violations of Sections 1201 or 1202. A civil action may be brought in a federal district court.
27 The court has broad powers to grant injunctions and award damages, costs and attorney’s fees.
28 The court may also order the impounding, the remedial modification or the destruction of the devices or products involved in the violation. The court may punish repeat offenders by awarding treble damage awards.
29 Generally, it is up to the court to decide whether to reduce damage awards against innocent violators. But, in the case of nonprofit library, archives or educational institutions, the court must remit damages if it finds that a qualifying entity had no reason to know of the violation.
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The DMCA prescribes significant criminal penalties for willful violations committed for commercial advantage or private financial gain.
31 Criminal penalties are inapplicable to nonprofit libraries, archives, and educational institutions.
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