§ 511. Liability of States, instrumentalities of States, and State officials for infringement of copyright

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Copyright Remedy Clarification Act

   Pub. L. 101–553 § 2(a)(2) · 104 Stat. 2749

   Enacted · 17 U.S.C. § 511

   Added Pub. L. 101–553, § 2(a)(2), Nov. 15, 1990, 104 Stat. 2749

   Source evidence

   Code source credit
   Added Pub. L. 101–553, § 2(a)(2), Nov. 15, 1990, 104 Stat. 2749

   Enacted provision · exact public law section
   (2) Chapter 5 of title 17, United States Code, is amended by adding at the end the following new section: “(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 119, 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.”.

2. 1999

   Pub. L. 106–44 § 1(g)(6) · 113 Stat. 221

   Substituted · 17 U.S.C. § 511(a)

   Pub. L. 106–44 substituted “121” for “119”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–44 substituted “121” for “119”.

   Enacted provision · exact public law section
   (6) Section 511(a) of title 17, United States Code, is amended by striking “119” and inserting “121”.

3. 2002

   Intellectual Property and High Technology Technical Amendments Act of 2002

   Pub. L. 107–273 div. C title III § 13210(4)(C) · 116 Stat. 1758

   Substituted · 17 U.S.C. § 511(a)

   Pub. L. 107–273 substituted “122” for “121”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–273 substituted “122” for “121”.

   Enacted provision · exact public law section
   (C) Section 511(a) is amended by striking “106 through 121” and inserting “106 through 122”.

3 of 3 references resolved to an enrolled provision