P.R. Laws tit. 31, § 1401s

2019-02-20 00:00:00+00
§ 1401s. Remedies

The violation of moral rights empowers the author or rightful claimant to seek temporary or permanent injunction to assert his rights, redress for damages, and financial compensation.

In the case of registered works, when the violation of moral rights seeks mainly to obtain a business or financial benefit, the author or rightful claimant may opt for requesting the court for recovery of an award of statutory damages in lieu of compensation or real damages. Statutory damages may be fixed at an amount of not less than $750 nor more than $20,000 per violation per registered work, at the discretion of the court. Compensation shall be based on the number of registered works, regardless of the number of copies made of the work in question at any given time.

If the case is resolved in favor of the author of a registered work or of its rightful claimant, the court shall always fix the amount of legal costs, fees, and expenses in his favor.

History —Mar. 9, 2012, No. 55, § 11.