§511 Liability of States, instrumentalities of States, and State officials for infringement of copyright

Summary

States, state agencies, and state officers acting in their official jobs cannot use the Eleventh Amendment or other sovereign-immunity rules to avoid federal copyright lawsuits. Anyone, including government or private groups, may sue them in federal court for violating the rights listed in sections 106 through 122, for importing phonorecords in violation of section 602, or for any other violation under this title. If sued, the state faces the same remedies as any other defendant. That includes impounding and disposing of infringing items under section 503; actual damages, profits, and statutory damages under section 504; costs and attorneys’ fees under section 505; and the remedies in section 510.