2013 US Code
Title 17 - Copyrights
Chapter 5 - COPYRIGHT INFRINGEMENT AND REMEDIES (§§ 501 - 513)
Section 502 - Remedies for infringement: Injunctions
|Publication Title||United States Code, 2012 Edition, Supplement 1, Title 17 - COPYRIGHTS|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 17 - COPYRIGHTS |
CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES
Sec. 502 - Remedies for infringement: Injunctions
|Laws in Effect as of Date||January 16, 2014|
|Source Credit||Pub. L. 94-553, title I, §101, Oct. 19, 1976, 90 Stat. 2584.|
|Statutes at Large Reference||90 Stat. 2584|
|Public Law Reference||Public Law 94-553|
(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.
(Pub. L. 94–553, title I, §101, Oct. 19, 1976, 90 Stat. 2584.)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.
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