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Copyright Act
« 17 USC Sec. 510 | Index | 17 USC Sec. 512 »
17 USC Sec. 511 - Liability of States, instrumentalities of States, and State officials for infringement of copyright
(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 121,
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 attorney's fees under section 505, and the
remedies provided in section 510.
-SOURCE-
(Added Pub. L. 101-553, Sec. 2(a)(2), Nov. 15, 1990, 104 Stat.
2749; amended Pub. L. 106-44, Sec. 1(g)(6), Aug. 5, 1999, 113 Stat.
222.)
-MISC1-
AMENDMENTS
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.
« 17 USC Sec. 510 | Index | 17 USC Sec. 512 »
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