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17 U.S.C. § 502 — Remedies for infringement: Injunctions

Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1498&num=0&edition=prelim), 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.

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Source location: Title 17, Chapter 5, § 502; chapter-005-copyright-infringement-and-remedies.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1498 — Patent and copyright cases

**(a)** Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner’s remedy shall be by action against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation for such use and manufacture. Reasonable and entire compensation shall include the owner’s reasonable costs, including reasonable fees for expert witnesses and attorneys, in pursuing the action if the owner is an independent inventor, a nonprofit organization, or an entity that had no more than 500 employees at any time during the 5-year period preceding the use or manufacture of the patented invention by or for the United States. Nothwithstanding 11 So in original. Probably should be “Notwithstanding”. the preceding sentences, unless the action has been pending for more than 10 years from the time of filing to the time that the owner applies for such costs and fees, reasonable and entire compensation shall not include such costs and fees if the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States. The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in t

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 502 — Remedies for infringement: Injunctions

Page 168 TITLE 17—COPYRIGHTS § 502 forming rights, a defendant must either actively oper- ate or supervise the operation of the place wherein the performances occur, or control the content of the in- fringing program, and expect commercial gain from the operation and either direct or indirect benefit from the infringing performance. The committee has decided that no justification exists for changing existing law, and causing a significant erosion of the public perform- ance right. Editorial Notes REFERENCES IN TEXT Section 338(a) of the Communications Act of 1934, re- ferred to in subsec. (f)(2), is classified to section 338(a) of Title 47, Telecommunications. AMENDMENTS 2019—Subsec. (e). Pub. L. 116–94 substituted ‘‘section 119(a)(3)’’ for ‘‘section 119(a)(5)’’. 2002—Subsec. (a). Pub. L. 107–273 substituted ‘‘122’’ for ‘‘121’’. 1999—Subsec. (a). Pub. L. 106–44 substituted ‘‘121’’ for ‘‘118’’. Subsec. (e). Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(b)(3)], substituted ‘‘performance or display of a work embodied in a primary transmission’’ for ‘‘pri- mary transmission embodying the performance or dis- play of a work’’. Subsec. (f). Pub. L. 106–113, § 1000(a)(9) [title I, § 1002(b)], added subsec. (f). 1990—Subsec. (a). Pub. L. 101–650 inserted ‘‘or of the author as provided in section 106A(a)’’ after ‘‘118’’ and substituted ‘‘copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a).’’ for ‘‘copyright.’’ Pub. L. 101–553 inserted sentences at end defining ‘‘anyone’’ and providing that any State and any instru- mentality, officer, or employee be subject to the provi- sions of this title in the same

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