There are both civil and criminal remedies available for violations of the Anticircumvention and the Content Management Information provisions, Section 1201 and 1202.
Civil Remedies:
Individuals claiming to be victims of violations of the DMCA may seek the following damages in federal court: [17 U.S.C. § 1203]
- Equitable damages resulting in an injunction against the offending activity (cannot result in a prior restrain on free speech); [17 U.S.C. § 1203(b)(1)]
- Impounding, alteration, or destruction of the offending device;
- Monetary damages in either the form of [17 U.S.C. § 1203(c)]
- Actual damages or
- Statutory damages "in the sum of not less than $200 or more than $2,500 per act of circumvention, device, product, component, offer, or performance of service" and
- Costs and attorney's fees for the prevailing party (you have to be successful in the lawsuit - a settlement is not prevailing in the lawsuit).
Bad guys violating the DMCA again and again can be subject to treble damages. [17 U.S.C. § 1203(c)(4)] Damages can be reduced or eliminated where "the violator was not aware and had no reason to believe that its acts constituted a violation" (in the case of a nonprofit library, archives, educational institution, or public broadcasting entity, the damages shall be eliminated where "the violator was not aware and had no reason to believe that its acts constituted a violation"). [17 U.S.C. § 1203(c)(5)]
Criminal Remedies:
The government can prosecute individuals who violate Sections 1201 or 1202 "willfully and for purposes of commercial advantage or private financial gain." Convicted individuals may be
- "fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and"
- "fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense." [17 U.S.C. § 1204(a)]
Nonprofit libraries, archives, educational institutions, or public broadcasting entities are immune from criminal prosecution. [17 U.S.C. § 1204(b)]
Statute of Limitations:
Cases must be initiated within five years of the complained of activity. [17 U.S.C. § 1204(c)]
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