Copyright Liability of States and the Eleventh Amendment, June 1988

Copyright Liability of States and the Eleventh Amendment, June 1988 PDF Author: Library of Congress. Copyright Office
Publisher:
ISBN:
Category : Copyright infringement
Languages : en
Pages : 188

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Copyright Liability of States and the Eleventh Amendment, June 1988

Copyright Liability of States and the Eleventh Amendment, June 1988 PDF Author: Library of Congress. Copyright Office
Publisher:
ISBN:
Category : Copyright infringement
Languages : en
Pages : 188

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Book Description


Copyright Liability of States and the Eleventh Amendment, June 1988

Copyright Liability of States and the Eleventh Amendment, June 1988 PDF Author: Library of Congress. Copyright Office
Publisher:
ISBN:
Category : Copyright infringement
Languages : en
Pages : 188

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Book Description
This study examines the tension between federal copyright law, which is exclusively enforced for federal courts, and the Eleventh Amendment, which generally prohibits federal courts from entertaining citizen suits brought against a state. The first of four parts of the report describes recent court decisions on copyright infringement by states which prompted the request for the Copyright Office to conduct this study. The second part describes the materials in 44 public comments received in response to a Copyright Office Request for Information on states' immunity from suit for money damages in copyright infringement cases that was published in the Federal Register. The legal interpretation of the Eleventh Amendment, which makes up the major part of the report, is presented in the third part. This interpretation is divided into three subsections: the historic development of Eleventh Amendment law; the Eleventh Amendment in the twentieth century; and application of the Eleventh Amendment in copyright infringement suits against the states. In the fourth part, it is concluded that, although Congress intended to hold states responsible under federal copyright law, the present state of the law will not be sufficiently clear on how the appropriate remedy against states can and will be secured for copyright owners until certain points of law have been decided in currently pending litigation. Appended materials include a copy of the Request for Information, a discussion of the English common law concept of sovereign immunity, and a Congressional Research Service report on the waiver of Eleventh Amendment immunity in individual states. (EW)

Copyright Remedy Clarification Act and Copyright Office Report on Copyright Liability of States

Copyright Remedy Clarification Act and Copyright Office Report on Copyright Liability of States PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 248

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The Copyright Clarification Act

The Copyright Clarification Act PDF Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 168

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Visual Artists Rights Act of 1987

Visual Artists Rights Act of 1987 PDF Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks
Publisher:
ISBN:
Category : Artists
Languages : en
Pages : 396

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State Sovereign Immunity and Protection of Intellectual Property

State Sovereign Immunity and Protection of Intellectual Property PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 68

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Moral Rights in Our Copyright Laws

Moral Rights in Our Copyright Laws PDF Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks
Publisher:
ISBN:
Category : Artists
Languages : en
Pages : 1284

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Copyright Office and Copyright Royalty Tribunal Oversight

Copyright Office and Copyright Royalty Tribunal Oversight PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 112

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Monthly Catalog of United States Government Publications

Monthly Catalog of United States Government Publications PDF Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 1274

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Official Reports of the Supreme Court

Official Reports of the Supreme Court PDF Author: United States. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 500

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