Copyright Remedy Clarification Act
PL 101-553 (H.R.3045), enacted 11/15/1990

PUBLIC LAW 101-553—NOV. 15, 1990 
104 STAT. 2749 
Public Law 101-553 
101st Congress 
An Act 
To amend chapters 5 and 9 of title 17, United States Code, to clarify that States, 
instrumentalities of States, and officers and employees of States acting in their 
official capacity, are subject to suit in Federal court by any person for infringement 
of cop3rright and infringement of exclusive rights in mask works, and that all the 
remedies can be obtained in such suit that can be obtained in a suit against a 
private person or against other public entities. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited £is the 
Act". 
'Copyright Remedy Clarification 
SEC. 2. LIABILITY OF STATES, INSTRUMENTALITIES OF STATES, AND 
STATE OFFICIALS FOR INFRINGEMENT OF COPYRIGHT AND 
EXCLUSIVE RIGHTS IN MASK WORKS. 
(a) COPYRIGHT INFRINGEMENT.—(1) Section 501(a) of title 17, 
United States Code, is amended by adding at the end the following: 
"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.". 
(2) Chapter 5 of title 17, United States Code, is amended by adding 
at the end the following new section: 
"§ 511. Liability of States, instrumentalities of States, and State 
ofHcials 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 Fed-
eral court by any person, including any governmental or nongovern-
mental 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. 
"(h) 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 
Nov. 15, 1990 
[H.R. 3045] 
Copyright 
Remedy 
Clarification 
Act. 
17 u s e 101 note. 
104 STAT. 2750 
PUBLIC LAW 101-553—NOV. 15, 1990 
statutory damages under section 504, costs and attorney's fees under 
section 505, and the remedies provided in section 510.". 
(3) The table of sections at the beginning of chapter 5 of title 17, 
United States Code, is amended by adding at the end the following 
new item: 
"Sec. 511. Liability of States, instrumentalities of States, and State officials for in-
fringement of copyright.". 
(h) INFRINGEMENT OF EXCLUSIVE RIGHTS IN MASK WORKS.—(1) 
Section 910(a) of title 17, United States Code, is amended by adding 
at the end the following: "as used in this subsection, the term 'any 
person' 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 instrumental-
ity, officer, or employee, shall be subject to the provisions of this 
chapter in the same manner and to the same extent as any non-
governmental entity.". 
(2) Section 911 of title 17, United States Code, is amended by 
adding at the end the following new subsection: 
"(gXD 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 the owner of a mask 
work under this chapter, or for any other violation under this 
chapter. 
"(2) In a suit described in paragraph (1) for a violation described in 
that paragraph, 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 actual damages and profits under 
subsection (b), statutory damages under subsection (c), impounding 
and disposition of infringing articles under subsection (e), and costs 
and attorney's fees under subsection (f).". 
17 u s e 501 note. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by this Act shgdl take effect with respect 
to violations that occur on or after the date of the enactment of this 
Act. 
Approved November 15, 1990. 
LEGISLATIVE HISTORY—H.R. 3045 (S. 497): 
HOUSE REPORTS: No. 101-282 (Comm. on the Judiciary) and No. 101-887 (Comm. of 
OonfcrGncc) 
• 
SENATE REPORTS: No. 101-305 accompanying S. 497 and H.R. 3045 (Comm. on the 
Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Oct. 16, considered and passed House. 
Vol. 136 (1990): June 26, considered and passed Senate, amended, in lieu of 
S. 497. 
Oct. 19, Senate agreed to conference report. 
Oct. 26, House a^-eed to conference report.