17 U.S.C. § 1008
Section 1008 · Prohibition on certain infringement actions
Amended 1 time on record
Applied in 8 court decisions — leading case Sony BMG Music Entertainment v. Tenenbaum (2011)
Most recently applied in Alliance of Artists and Recording Companies, Inc. v. Denso International America (January 2020)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.