[§482P-6]  Infringement of right; circuit
courts; injunctions; liability for damages and profits; impoundment;
destruction; attorneys' fees.  (a)  The circuit courts of this State may
grant injunctions on reasonable terms to prevent or restrain the unauthorized
use of a right recognized by this chapter.



(b)  Any person who infringes a right granted
by this chapter shall be liable for the greater of $10,000 or the actual
damages sustained as a result of the infringement, and any profits that are
attributable to the infringement and not taken into account when calculating
actual damages; provided that each search of an individual's name on an internet
search engine shall be exempt from the statutory damages identified in this
subsection.  To prove profits under this subsection, the injured party or
parties may submit proof of gross revenues attributable to the infringement,
and the infringing party may be required by the court to provide evidence of
the infringing party's deductible expenses.  For the purposes of computing
statutory damages, the use of a name, voice, signature, or likeness constitutes
a single act of infringement regardless of the number of copies made or the
number of times the name, voice, signature, or likeness is displayed.



(c)  At any time while an action under this
chapter is pending, the court may, pursuant to rule 65 of the Hawaii Rules of
Civil Procedure, order the impounding, on reasonable terms, of all materials or
any part thereof claimed to have been made or used in violation of the injured
party's rights, and the court may enjoin the use of all plates, molds,
matrices, masters, tapes, film negatives, master recordings, copies of
recordings, optical disk stampers, or other articles by means of which these
materials may be reproduced.



(d)  As part of a final judgment or decree, the
court may order the destruction or other reasonable disposition of all
materials found to have been made or used in violation of the injured party's
rights, and of all plates, molds, matrices, masters, tapes, film negatives,
master recordings, copies of recordings, optical disk stampers, or other
articles by means of which these materials may be reproduced; provided that the
property of a common carrier, internet service provider, internet search engine
provider, or other similarly situated entities shall be exempt from the
destruction or disposition requirements identified in this subsection; provided
further that if the entity has received written notice of the infringing nature
of the material submitted to the entity's agent designated pursuant to 17
United States Code Section 512(c) and that entity fails to remove the material
expeditiously following receipt of the notice, then this exemption shall not
apply.



(e)  The prevailing party may recover
reasonable attorneys' fees, expenses, and court costs incurred in recovering
any remedy or defending any claim brought under this section.



(f)  The remedies provided for in this section
are cumulative and are in addition to any others provided for by law. [L Sp
2009, c 28, pt of §2]