Possible Immunity - Two Situations
(note that this is not meant to be legal advice)
 
 
Contradiction 
between copyright laws and the 11th amendment to the constitution. 
See the excellent article by Kenneth D. Crews for more information 
at http://www.iupui.edu/~copyinfo/immunity.html
11th amendment to US Constitution States can not be held liable in Federal Court
Copyright laws Copyright Cases must be heard in Federal Court
1990 - Congress amends CR act of 1976 Allows copyright cases in Federal Court, against states
1996 - Supreme Court Decides it was an error to empower Congress to make exceptions to the 11th Amendment
1998 - two cases in Texas State Agencies cannot be held liable for copyright infringement in Federal Court
Other laws Licenses, Breach of Contract, Trademark could be heard in State Court against State Agencies
Criminal prosecution For willful infringement
Ethics Treat the work of others with the same respect you would like for your own efforts
Fair use and good faith decisions Avoid risk while respecting the rights of copyright owner and furthering teaching and research 
June 1999 - Supreme Court rules on cases affecting immunity of states Decisions on a trademark and a patent case. NY Times article. Cornell Web page for text of decisions (Florida and Maine).

 
United States Code 
        TITLE 17 - COPYRIGHTS  
            CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES 
Section 504 segments (see LOC web site or Cornell for entire section) 

"Except as otherwise provided by this title, an infringer of copyright is liable for either - (1) the copyright 
owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or (2) statutory damages, as provided by subsection (c). ..." 
... 
subsection (c) 
"... The court shall remit* statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (1) an employee or agent of a nonprofit educational institution, library or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; ... " 
* (i.e. pardon, but only the statutory damages! and only for specified reproduction!)
by Irene Starr for IALL99
Return to UMass FLRC
6/99