17-U.S.C.-511

§511 – Liability of States, Instrumentalities of States, and State officials For Infringement of Copyright

Pathway

Title 17 > Chapter 5 > Section 511

Details

• Reference: Section 511
• Legend: §511 – Liability of States, Instrumentalities of States, and State officials For Infringement of Copyright
• USCode Year: 2013

Provision Content

(a) In General.—Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity, shall not be immune, under the Eleventh Amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity, for a violation of any of the exclusive rights of a copyright owner provided by sections 106 through 122, for importing copies of phonorecords in violation of section 602, or for any other violation under this title.

(b) Remedies.—In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any public or private entity other than a State, instrumentality of a State, or officer or employee of a State acting in his or her official capacity. Such remedies include impounding and disposition of infringing articles under section 503, actual damages and profits and statutory damages under section 504, costs and attorneys fees under section 505, and the remedies provided in section 510.

(Added Pub. L. 101–553, §2(a)(2), Nov. 15, 1990, 104 Stat. 2749; amended Pub. L. 106–44, §1(g)(6), Aug. 5, 1999, 113 Stat. 222; Pub. L. 107–273, div. C, title III, §13210(4)(C), Nov. 2, 2002, 116 Stat. 1909.)

Amendments

2002—Subsec. (a). Pub. L. 107–273 substituted 122 for 121.

1999—Subsec. (a). Pub. L. 106–44 substituted 121 for 119.

Effective Date

Section effective with respect to violations that occur on or after Nov. 15, 1990, see section 3 of Pub. L. 101–553, set out as an Effective Date of 1990 Amendment note under section 501 of this title.

U.S. Encyclopedia of Law Coverage

17-U.S.C.-501 in the Legal Encyclopedia: Copyrights

In this entry about 17-U.S.C.-501, find legal reference material, bibliographies and premiere content related to copyrights in the American Encyclopedia of Law, presenting a comprehensive view of the United States copyrights-specific issues, written by authorities in the field.

Topic Map

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