§1003. Obligation to make royalty payments — Inbound Citations

Citations to 17 U.S.C. § 1003 as a whole

• 17 U.S.C. § 801(b)(6)

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  (6) To determine the status of a digital audio recording device or a digital audio interface device under sections 1002 and 1003, as provided in section 1010.
• 17 U.S.C. § 803(d)(2)(C)(i)

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  (i) The pendency of an appeal under this subsection shall not relieve persons obligated to make royalty payments under section 111, 112, 114, 115, 116, 118, 119, or 1003, who would be affected by the determination on appeal, from—

  (I) providing the applicable statements of account and reports of use; and

  (II) paying the royalties required under the relevant determination or regulations.
• 17 U.S.C. § 1004(a)(1)

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  (1) The royalty payment due under section 1003 for each digital audio recording device imported into and distributed in the United States, or manufactured and distributed in the United States, shall be 2 percent of the transfer price. Only the first person to manufacture and distribute or import and distribute such device shall be required to pay the royalty with respect to such device.
• 17 U.S.C. § 1004(b)

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  (b) The royalty payment due under section 1003 for each digital audio recording medium imported into and distributed in the United States, or manufactured and distributed in the United States, shall be 3 percent of the transfer price. Only the first person to manufacture and distribute or import and distribute such medium shall be required to pay the royalty with respect to such medium.
• 17 U.S.C. § 1009(a)

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  (a) Any interested copyright party injured by a violation of section 1002 or 1003 may bring a civil action in an appropriate United States district court against any person for such violation.
• 17 U.S.C. § 1009(c)(2)

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  (2) in the case of a violation of section 1002, or in the case of an injury resulting from a failure to make royalty payments required by section 1003, shall award damages under subsection (d);
• 17 U.S.C. § 1009(d)(1)(A)(i)

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  (i) In an action brought under subsection (a), if the court finds that a violation of section 1002 or 1003 has occurred, the court shall award to the complaining party its actual damages if the complaining party elects such damages at any time before final judgment is entered.
• 17 U.S.C. § 1009(d)(1)(A)(ii)

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  (ii) In the case of section 1003, actual damages shall constitute the royalty payments that should have been paid under section 1004 and deposited under section 1005. In such a case, the court, in its discretion, may award an additional amount of not to exceed 50 percent of the actual damages.
• 17 U.S.C. § 1009(d)(2)

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  (2) In any case in which the court finds that a person has violated section 1002 or 1003 within 3 years after a final judgment against that person for another such violation was entered, the court may increase the award of damages to not more than double the amounts that would otherwise be awarded under paragraph (1), as the court considers just.