What are the civil penalties for a DMCA 1201 violation?
Civil cases are brought in federal district court where the court has broad authority to grant injunctive and monetary relief. Injunctions can be granted forbidding the distribution of the tools or products involved in the violation. The court may also order the destruction of the tools or products involved in the violation. The court can also award actual damages, profits gained through infringement, and attorney’s fees. If an individual held in violation of the DMCA commits another such violation within the three-year period following the judgment, the court may increase the damages up to triple the amount that would otherwise be awarded. In circumstances involving innocent violators, it is up to the courts to decide whether to reduce damages. But, in the case of nonprofit library, archives or educational institutions, the court must remit damages if it finds that the institution did not know of the violation.
