Section 1323. Recovery for infringement
(a) Damages. Upon a finding for the claimant in an action for
infringement under this chapter, the court shall award the claimant
damages adequate to compensate for the infringement. In addition, the
court may increase the damages to such amount, not exceeding $50,000 or
$1 per copy, whichever is greater, as the court determines to be just.
The damages awarded shall constitute compensation and not a penalty. The
court may receive expert testimony as an aid to the determination of
damages.
(b) Infringer's Profits. As an alternative to the remedies provided in
subsection (a), the court may award the claimant the infringer's profits
resulting from the sale of the copies if the court finds that the
infringer's sales are reasonably related to the use of the claimant's
design. In such a case, the claimant shall be required to prove only the
amount of the infringer's sales and the infringer shall be required to
prove its expenses against such sales.
(c) Statute of Limitations. No recovery under subsection (a) or (b)
shall be had for any infringement committed more than 3 years before the
date on which the complaint is filed.
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