Copyrights - 17 USC Section 502

01/19/04

Sec. 502. Remedies for infringement: Injunctions

(a) Any court having jurisdiction of a civil action arising under
this title may, subject to the provisions of section 1498 of title
28, grant temporary and final injunctions on such terms as it may
deem reasonable to prevent or restrain infringement of a copyright.
(b) Any such injunction may be served anywhere in the United
States on the person enjoined; it shall be operative throughout the
United States and shall be enforceable, by proceedings in contempt
or otherwise, by any United States court having jurisdiction of
that person. The clerk of the court granting the injunction shall,
when requested by any other court in which enforcement of the
injunction is sought, transmit promptly to the other court a
certified copy of all the papers in the case on file in such
clerk's office.

HISTORICAL AND REVISION NOTES
HOUSE REPORT NO. 94-1476
Section 502(a) [subsec. (a) of this section] reasserts the
discretionary power of courts to grant injunctions and restraining
orders, whether "preliminary," "temporary," "interlocutory,"
"permanent," or "final," to prevent or stop infringements of
copyright. This power is made subject to the provisions of section
1498 of title 28 dealing with infringement actions against the
United States. The latter reference in section 502(a) makes it
clear that the bill would not permit the granting of an injunction
against an infringement for which the Federal Government is liable
under section 1498.
Under subsection (b), which is the counterpart of provisions in
sections 112 and 113 of the present statute [sections 112 and 113
of former title 17], a copyright owner who has obtained an
injunction in one State will be able to enforce it against a
defendant located anywhere else in the United States.

Last modified: April 19, 2006