Copyright Liability of States and the Eleventh Amendment. A Report of the Register of Copyrights [microform]
- Bib ID:
- 5504046
- Format:
- Book and Microform
- Author:
- Library of Congress, Washington, DC. Copyright Office
- Online Version:
- https://eric.ed.gov/?id=ED306963
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- Description:
-
- [Washington, D.C.] : Distributed by ERIC Clearinghouse, 1988
- 164 p.
- ISBN:
-
- 9780844406183
- 084440618X
- Summary:
-
This study examines the tension between federal copyright law, which is exclusively enforced for federal courts, and the Eleventh Amendment, which generally prohibits federal courts from entertaining citizen suits brought against a state. The first of four parts of the report describes recent court decisions on copyright infringement by states which prompted the request for the Copyright Office to conduct this study. The second part describes the materials in 44 public comments received in response to a Copyright Office Request for Information on states' immunity from suit for money damages in copyright infringement cases that was published in the Federal Register. The legal interpretation of the Eleventh Amendment, which makes up the major part of the report, is presented in the third part. This interpretation is divided into three subsections: the historic development of Eleventh Amendment law; the Eleventh Amendment in the twentieth century; and application of the Eleventh Amendment in copyright infringement suits against the states. In the fourth part, it is concluded that, although Congress intended to hold states responsible under federal copyright law, the present state of the law will not be sufficiently clear on how the appropriate remedy against states can and will be secured for copyright owners until certain points of law have been decided in currently pending litigation. Appended materials include a copy of the Request for Information, a discussion of the English common law concept of sovereign immunity, and a Congressional Research Service report on the waiver of Eleventh Amendment immunity in individual states. (EW)
- Notes:
-
- Availability: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
- May also be available online. Address as at 14/8/18: https://eric.ed.gov/
- Reproduction:
- Microfiche. [Washington D.C.]: ERIC Clearinghouse microfiches : positive.
- Subject:
- Other authors/contributors:
- Library of Congress, Washington, DC. Copyright Office
- Available From:
- ERIC
- Copyright:
-
Out of Copyright
You may copy or order a copy through Copies Direct or use the online copy for research or study; for other uses Contact us for further information about copying.
- Reason for copyright status:
- Creator Date of Death is Before 1955
Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Presumed date of death of creator (latest date):
- 1723
- Published status:
- Published
- Publication date:
- 1659
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply. For more information please see: Copyright in library collections.
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