Impoundment and Destruction

AuthorEric M. Stahl - Henry J. Tashman
Pages111-116
Section 503(a) of the Copyright Act provides for impoundment (sei-
zure) of infringing works, and articles used to make infringing copies,
on terms the court deems reasonable.1 Section 503(b) provides for the
destruction or other disposition of works found to be infringing as part
of a nal judgment or decree.
2
Neither remedy is mandatory; both are
equitable remedies that rest in the court’s discretion.3
I. Ex Parte Seizure Orders
Section 503(a) provides for impoundment “[a]t any time” during the
pendency of any infringement action.
4
This allows for ex parte (that is,
without prior notice to defendant) seizure at the commencement of liti-
gation, but such requests are subject to judicial review for compliance
1. 17 U.S.C. § 503(a).
2. 17 U.S.C. § 503(b).
3. 17 U.S.C. § 503(a)(1), (b); WPOW, Inc. v. MRLJ Enters., 584 F. Supp. 132, 134
(D.D.C. 1984).
4. 17 U.S.C. § 503(a)(1)(A), (B).
111
CHAPTER 7
Impoundment and
Destruction
Stahl_CRRemedies_20130130_08-47_Final Pass.indd 111 2/7/14 11:05 AM

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