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Article: Eleventh Amendment immunity.(Copyright Corner)
- Article from:
- Information Outlook
- Article date:
- March 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Special Libraries Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Suppose that a library in a state-supported institution or organization infringes copyright. Is there a reason to bar copyright owners from suing for damages because of the status of the library? Traditionally, state governments and entities have enjoyed sovereign immunity from some types of suits under the Eleventh Amendment to the U.S. Constitution. In 1990, the Copyright Act was amended by section 511(a), in response to infringement claims by software producers against state-supported universities that had reproduced copies of software for computer labs on their campuses. The statute eliminated sovereign immunity for states, instrumentalities of a state, and state ...