and had no reason to believe that his or her acts constituted an
infringement of copyright, the court in its discretion may reduce the
award of statutory damages to a sum of not less than $200. The court
shall remit statutory damages in any case where an infringer believed
and had reasonable grounds for believing that his or her use of the
copyrighted work was a fair use under section 107, if the infringer was:
(i) an employee or agent of a nonprofit educational institution,
library, or archives acting within the scope of his or her employment
who, or such institution, library, or archives itself, which infringed
by reproducing the work in copies or phonorecords; or (ii) a public
broadcasting entity which or a person who, as a regular part of the
non-profit activities of a public broadcasting entity (as defined in
subsection (g) of section 118) infringed by performing a published
nondramatic literary work or by reproducing a transmission program
embodying a performance of such a work.

2. Excerpts From House Report on Section 504

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The following excerpts are reprinted from the House Report on the new
copyright law (H.R. Rep. No. 94-1476, pages 161-163). Material not of
immediate interest to librarians and educators has been omitted. Much
of the corresponding discussion in the Senate Report (S. Rep. No.
94-473, pages 143-145) is substantially the same; the House Report's
discussion of statutory damages applicable to librarians and
educators is new.
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IN GENERAL

A cornerstone of the remedies sections and of the bill as a whole is
section 504, the provision dealing with recovery of actual damages,
profits, and statutory damages. The two basic aims of this section are
reciprocal and correlative: (1) to give the courts specific unambiguous
directions concerning monetary awards, thus avoiding the confusion and
uncertainty that have marked the present law on the subject, and, at the
same time, (2) to provide the courts with reasonable latitude to adjust
recovery to the circumstances of the case, thus avoiding some of the
artificial or overly technical awards resulting from the language of the
existing statute.

Subsection (a) lays the groundwork for the more detailed provisions of
the section by establishing the liability of a copyright infringer for
ei