4 ms·
The government has immunity from copyright lawsuits.
by mannerheim 5y ago
The government has immunity from copyright lawsuits.
- elliekelly 5y agoIs this true? I remember a while ago USPS lost a copyright suit for using a photo of the statue of liberty from the Las Vegas hotel on a stamp. Edit:https://arstechnica.com/tech-policy/2018/07/post-office-owes-3-5m-for-using-wrong-statue-of-liberty-on-a-stamp/ https://arstechnica.com/tech-policy/2018/07/post-office-owes...
- aaomidi 5y agoIt's more so the govt needs to allow you to sue the govt...sooo
- mannerheim 5y ago> On March 23, 2020, the Supreme Court held that the provisions of the Copyright Act subjecting states to liability for infringement did not validly abrogate states’ sovereign immunity from suit. As a result, copyright owners suffering infringement by state entities cannot seek the remedies provided by the Copyright Act. https://www.copyright.gov/policy/state-sovereign-immunity/ https://www.copyright.gov/policy/state-sovereign-immunity/
- dragonwriter 5y ago> The government has immunity from copyright lawsuits. That's kind of (but not very) true of the Federal government [0]. It's not at all true of state governments or local governments. [0] They have somewhat different liability than normal actors, which can only be pursued in the Court of Federal Claims.
- dredmorbius 5y agoNope, federal government too: https://www.nolo.com/legal-updates/u-s-postal-service-liable-for-copyright-infringement-of-las-vegas-statue-of-liberty.html https://www.nolo.com/legal-updates/u-s-postal-service-liable...
- mannerheim 5y ago> On March 23, 2020, the Supreme Court held that the provisions of the Copyright Act subjecting states to liability for infringement did not validly abrogate states’ sovereign immunity from suit. As a result, copyright owners suffering infringement by state entities cannot seek the remedies provided by the Copyright Act. https://www.copyright.gov/policy/state-sovereign-immunity/ https://www.copyright.gov/policy/state-sovereign-immunity/
- dredmorbius 5y agoCitation requested. Chapters 1 & 5 of 17 USC address limitations on exclusive rights or remedies. I see no government exclusion: https://www.law.cornell.edu/uscode/text/17/chapter-1 https://www.law.cornell.edu/uscode/text/17/chapter-1 https://www.law.cornell.edu/uscode/text/17/chapter-5 https://www.law.cornell.edu/uscode/text/17/chapter-5 You may be confusing the lack of copyright protection in US Government works, 17 USC 105: https://www.law.cornell.edu/uscode/text/17/105 https://www.law.cornell.edu/uscode/text/17/105 Congress has specifically cancelled state immunity against copyright suit: https://patentlyo.com/patent/2019/06/copyright-infringement-constitution.html https://patentlyo.com/patent/2019/06/copyright-infringement-... The US government has been successfully sued for copyright violation: https://www.nolo.com/legal-updates/u-s-postal-service-liable-for-copyright-infringement-of-las-vegas-statue-of-liberty.html https://www.nolo.com/legal-updates/u-s-postal-service-liable...
- mannerheim 5y ago> On March 23, 2020, the Supreme Court held that the provisions of the Copyright Act subjecting states to liability for infringement did not validly abrogate states’ sovereign immunity from suit. As a result, copyright owners suffering infringement by state entities cannot seek the remedies provided by the Copyright Act. https://www.copyright.gov/policy/state-sovereign-immunity/ https://www.copyright.gov/policy/state-sovereign-immunity/
- dredmorbius 5y agoThanks. That's been effective for ... about two weeks then. Brand spankin' new.
- mannerheim 5y agoThe report is new, the SCOTUS case was last year.
- dredmorbius 5y agoWhat happens if a state decides ... say ... that it wants to host Sci-Hub?