Law Commons^™

Copyright Infringement And The Eleventh Amendment: A Doctrine Of Unfair Use?, John C. Beiter

Vanderbilt Law Review

The federal courts recently have renewed the debate concerning whether a person can sue a state government or its instrumentalities for copyright infringement. The question presents a clash of fundamental constitutional principles between the copyright and patent clause,' whose purpose is to promote the free flow of ideas by rewarding creativity,' and the eleventh amendment,whose primary purpose is to protect the federal form of government by insulating states from suit in federal court. The Copyright Act of 1976 (the 1976 Act) and its predecessor, the Copyright Act of 1909 (the 1909 Act), grant copyright proprietors"exclusive" rights in their works. While …