Copyright and Sovereign Immunity

Information Today, Vol. 20, No. 10, p. 17, November 2003

3 Pages Posted: 26 Jun 2010

Date Written: November 2003

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.

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

Suggested Citation

Pike, George H., Copyright and Sovereign Immunity (November 2003). Information Today, Vol. 20, No. 10, p. 17, November 2003, Available at SSRN: https://ssrn.com/abstract=1629922

George H. Pike (Contact Author)

Northwestern University Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-0295 (Phone)
312-503-9230 (Fax)

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