Copyright Remedy Clarification Act


 * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

{{SECTION|SEC. 1.|SECTION 1}}. SHORT TITLE.

 * This Act may be cited as the ``Copyright Remedy Clarification Act´´.

{{SECTION|SEC. 2.|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:


 * (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:

{{SECTION|SEC. 3.|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.

Approved November 15, 1990.

Legislative History

 * HOUSE REPORTS:
 * No. 101-282 (Comm. on the Judiciary)
 * No. 101-887 (Comm. of Conference)
 * SENATE REPORTS:
 * No. 101-305 accompanying S. 497 (Comm. on the Judiciary)
 * CONGRESSIONAL RECORD, Vol. 135 (1989):
 * Oct. 16, considered and passed House.
 * CONGRESSIONAL RECORD, Vol. 136 (1990):
 * June 26, considered and passed Senatein lieu of S. 497, amended.
 * Oct. 16, Conference report filed.
 * Oct. 20, Senate agreed to conference report.
 * Oct. 26, House agreed to conference report.
 * Oct. 26, House agreed to conference report.

