2017 US Code
Title 17 - Copyrights
Chapter 5 - Copyright Infringement and Remedies
Sec. 511 - Liability of States, instrumentalities of States, and State officials for infringement of copyright

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Citation 17 U.S.C. § 511 (2017)
Section Name §511. Liability of States, instrumentalities of States, and State officials for infringement of copyright
Section Text

(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 attorney's fees under section 505, and the remedies provided in section 510.

Source Credit

(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.)

Editorial Notes 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.

Publication Title United States Code, 2012 Edition, Supplement 5, 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. 511 - Liability of States, instrumentalities of States, and State officials for infringement of copyright
Contains section 511
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 104 Stat. 2749
113 Stat. 222
116 Stat. 1909
Public Law References Public Law 101-553, Public Law 106-44, Public Law 107-273
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