Text: H.R.3045 — 101st Congress (1989-1990)All Information (Except Text)

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--H.R.3045--
H.R.3045
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
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 copyright 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 as the `Copyright Remedy Clarification Act'.
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:
-`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 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.'.
 (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 infringement of copyright.'.
 (b) 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 instrumentality, officer, or employee, shall be subject
 to the provisions of this chapter in the same manner and to the same extent
 as any nongovernmental entity.'.
 (2) Section 911 of title 17, United States Code, is amended by adding at
 the end the following new subsection:
 `(g)(1) 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).'.
SEC. 3. EFFECTIVE DATE.
 The amendments made by this Act shall take effect with respect to violations
 that occur on or after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.