Version [31626]
Dies ist eine alte Version von IntUrhRInjunctions erstellt von Jorina Lossau am 2013-06-19 13:44:15.
Internationaler Gewerblicher Rechtsschutz und Urheberrecht II
6.4 - Injunctions and damages
| Additionally to the regular US Procedure Law (28 U.S.C. §§ 1651-4001) there are specific rules for copyright actions (17 U.S.C. § 501). The courts have the capacity to order all reasonable and appropriate temporary and final injunctions (einstweilige Verfügungen) to protect the rights of the copyright owner. Civil actions are limited unless the infringement is commenced within three years after the claim accrued (17 U.S.C. § 507 (b)). |
§ 502—Remedies for infringement: Injunctions
(a) Any court having jurisdiction of a civil action arising under this title may, subject to the provisions of section 1498 of title 28 grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.
(b) Any such injunction may be served anywhere in the United States on the person enjoined; it shall be operative throughout the United States and shall be enforceable, by proceedings in contempt or otherwise, by any United States court having jurisdiction of that person. The clerk of the court granting the injunction shall, when requested by any other court in which enforcement of the injunction is sought, transmit promptly to the other court a certified copy of all the papers in the case on file in such clerk's office. |
| The possible amount of the Copyright owner’s claims is defined in 17 U.S.C. § 504. The infringer is liable for the actual damages and his (unlawful) profits that belong to the copyright owner. As very often the copyright owner can proof neither his actual loss nor the profits of the infringer although there is eased rule of proof for the infringer’s profits. In these cases the courts can order statutory damages that are based on typical appropriate license fees. |
