§ 511. — Liability of States, instrumentalities of States, and State officials for infringement of copyright.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC511]
TITLE 17--COPYRIGHTS
CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES
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 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.
(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; Pub.
L. 107-273, div. C, title III, Sec. 13210(4)(C), Nov. 2, 2002, 116 Stat.
1909.)
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.
