(A) Actual damages.
(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.
(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.
(B) Statutory damages for section 1002 violations.
(i) Device. A complaining party may recover an award of statutory
damages for each violation of section 1002(a) or (c) in the sum of not
more than $2,500 per device involved in such violation or per device on
which a service prohibited by section 1002(c) has been performed, as the
court considers just.
(ii) Digital musical recording. A complaining party may recover an award
of statutory damages for each violation of section 1002(d) in the sum of
not more than $25 per digital musical recording involved in such
violation, as the court considers just.
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