State soverign rights and copyright

[Deg Farrelly <DEG.FARRELLY@xxxxxxx>]

Jeff -

You need to go back and re-read the information from the Texas Office of
General Counsel that you linked to in your reply....

You say "federal copyright laws do not apply to the states...."

The Chavez ruling says nothing of the kind... It says that a *state* may not
be sued for *monetary damages*.

Copyright holders have many legal recourses... at the UT page indicates
copyright holders can still sue the individuals who run services and
systems.

The UT page lays out 2 very good reasons why libraries at state schools
should here to copyright:  1)  ethics, 2) all the *other* recourses that
copyright holders have.



deg farrelly, Associate Librarian
Media / Communication Studies / Women's Studies
Arizona State University West
P.O. Box 37100
Phoenix, Arizona  85069-7100
Phone:  602.543.8522

 
> ----------
> From: 	Jeff Buckley
> Sent: 	Wednesday, September 17, 2003 4:12 PM
> To: 	Deg Farrelly
> Cc: 	'digital-copyright@xxxxxxxxxxxxxx'; 'langval@xxxxxxxx'
> Subject: 	Re: Transfer to video
> 
> Why should libraries at state schools even bother adhering to copyright
> law?  Federal copyright laws do not apply to the states according to
> Chavez v. Arte Publico Press, 204 F.3d 601 (5th Cir. Tex. 2000).  It seems
> like copyright holders have little legal recourse when states infringe
> their copyrights.
> 
> To make up for this, states may eventually choose to enact their own
> copyright laws (possibly with the assistance of The National Conference of
> Commissioners on Uniform State Laws).  Until then, it looks like states
> will enjoy sovereign immunity under the 11th amendment.
> 
> Here is what the University of Texas Office of General Counsel says about
> the Chavez decision,
> http://www.utsystem.edu/ogc/intellectualproperty/chavez.htm.
> 
> Jeff Buckley
> MLIS candidate at the University of Washington Information School
> 
>