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17 U.S.C. § 511 — Liability of States, instrumentalities of States, and State officials for infringement of copyright
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source location: Title 17, Chapter 5, § 511; chapter-005-copyright-infringement-and-remedies.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the 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). As used in this subsection, the term “anyone” includes 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. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.
**(b)** The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.
**(c)** For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection (c) of section 1
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:
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Federal law — U.S. Code and appendices · legal_authorities
Page 174
TITLE 17—COPYRIGHTS
§ 511
Editorial Notes
AMENDMENTS
1999—Pub. L. 106–113, § 1000(a)(9) [title I, § 1011(a)(1)],
substituted ‘‘programming’’ for ‘‘programing’’ in sec-
tion catchline.
Subsec. (b). Pub. L. 106–113, § 1000(a)(9) [title I,
§ 1011(a)(3)], substituted ‘‘statutory’’ for ‘‘compulsory’’.
§ 511. Liability of States, instrumentalities of
States, and State officials for infringement of
copyright
(a) IN GENERAL.—Any State, any instrumen-
tality 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 Constitu-
tion of the United States or under any other
doctrine of sovereign immunity, from suit in
Federal court by any person, including any gov-
ernmental or nongovernmental entity, for a vio-
lation of any of the exclusive rights of a copy-
right owner provided by sections 106 through 122,
for importing copies of phonorecords in viola-
tion of section 602, or for any other violation
under this title.
(b) REMEDIES.—In a suit described in sub-
section (a) for a violation described in that sub-
section, remedies (including remedies both at
law and in equity) are available for the violation
to the same extent as such remedies are avail-
able for such a violation in a suit against any
public or private entity other than a State, in-
strumentality of a State, or officer or employee
of a State acting in his or her official capacity.
Such remedies include impounding and disposi-
tion of infringing articles under section 503, ac-
tual 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, § 2(a)(2), Nov. 1
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