Section § 504(c)(2)

Section § 504(c)(2) provides special protections under certain circumstances and for certain institutions and their employees: [link to law]

  • It gives the court the discression to reduce the award of statutory damages to a sum of as little as $200 in cases where "the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright"
  • It also mandates that the court remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was:
    1. an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his/her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or
    2. a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a such an entity (as defined in subsection (g) of section 118) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work."