Copyright and Sovereign Immunity

Abstract:     
As a member of the academic community who pays attention to copyright developments, I often find myself torn between competing interests. Copyright owners can and should generate income from others who want to use their property. However, this is at odds with certain limited, free uses of copyrighted material - generally uses that are perceived to offer a societal benefit such as education. The increasing role and value of copyrighted content in modern society serves to enhance this conflict.

Yet another copyright conflict, primarily involving the academic community, is catching the eye of Congress as work progresses on the Intellectual Property Protection Restoration Act of 2003. This Act would require states to waive their sovereign immunity from liability for copyright infringement as a condition of being able to collect damages for infringements of their copyrights.

Number of Pages in PDF File: 3

Keywords: copyright law, legislation, lawsuits, copyright infringement, Intellectual Property Protection Restoration Act of 2003, intellectual property, sovereign immunity, market effects, licensing

Accepted Paper Series