Official Case Law:
MegaLaw partners:
|
|
 |
COPYRIGHT ACT
|
Home |
Legal Research |
MegaLaw Topic Index |
Copyright Law
Copyright Act
« 17 USC Sec. 501 | Index | 17 USC Sec. 503 »
17 USC Sec. 502 - Remedies for infringement: Injunctions
(a) Any court having jurisdiction of a civil action arising under
this title may, subject to the provisions of section 1498 of title
28, grant temporary and final injunctions on such terms as it may
deem reasonable to prevent or restrain infringement of a copyright.
(b) Any such injunction may be served anywhere in the United
States on the person enjoined; it shall be operative throughout the
United States and shall be enforceable, by proceedings in contempt
or otherwise, by any United States court having jurisdiction of
that person. The clerk of the court granting the injunction shall,
when requested by any other court in which enforcement of the
injunction is sought, transmit promptly to the other court a
certified copy of all the papers in the case on file in such
clerk's office.
-SOURCE-
(Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2584.)
-MISC1-
HISTORICAL AND REVISION NOTES
HOUSE REPORT NO. 94-1476
Section 502(a) (subsec. (a) of this section) reasserts the
discretionary power of courts to grant injunctions and restraining
orders, whether ''preliminary,'' ''temporary,'' ''interlocutory,''
''permanent,'' or ''final,'' to prevent or stop infringements of
copyright. This power is made subject to the provisions of section
1498 of title 28 dealing with infringement actions against the
United States. The latter reference in section 502(a) makes it
clear that the bill would not permit the granting of an injunction
against an infringement for which the Federal Government is liable
under section 1498.
Under subsection (b), which is the counterpart of provisions in
sections 112 and 113 of the present statute (sections 112 and 113
of former title 17), a copyright owner who has obtained an
injunction in one State will be able to enforce it against a
defendant located anywhere else in the United States.
-CROSS-
FEDERAL RULES OF CIVIL PROCEDURE
Injunctions, generally, see rule 65, Title 28, Appendix,
Judiciary and Judicial Procedure.
Security -
Upon granting injunction pending appeal, see rule 62.
Upon granting preliminary injunction, see rule 65.
Territorial extent of effective service of process, see rule 4.
FEDERAL FORMS OF CIVIL PROCEDURE
Form of complaint for injunction and damages, see form 17, Title
28, Appendix, Judiciary and Judicial Procedure.
CROSS REFERENCES
Acts of infringement -
Making and distributing phonorecords, see section 115 of this
title.
Secondary transmission of primary transmission, see section 111
of this title.
Power of court to punish for contempt for disobedience to decrees
or orders, see section 401 of Title 18, Crimes and Criminal
Procedure.
Works consisting of sounds, image, or both, the first fixation of
which is made simultaneously with its transmission, as subject to
this section, although not yet registered, see section 411 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 109, 111, 115, 119, 122,
411, 510, 512, 1101 of this title.
« 17 USC Sec. 501 | Index | 17 USC Sec. 503 »
|
|
