§ 502. — Remedies for infringement: Injunctions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC502]
TITLE 17--COPYRIGHTS
CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES
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.
(Pub. L. 94-553, title I, Sec. 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.
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.
