Congress has passed legislation waiving the federal government’s immunity for patent and copyright infringement.[1] A federal agency, therefore, may be sued for infringing acts committed by its employees. The situation differs for the states, because the Eleventh Amendment to the U.S. Constitution prohibits suits in federal court by an individual against a state without the state’s consent. Congress has passed legislation abrogating Eleventh Amendment immunity, but court decisions have held that the legislation did not validly abrogate a state’s immunity in copyright infringement suits.[2] Still, a state employee may be sued individually for infringement, may be subject to damages, and may have his or her activities enjoined by a court.[3]
The Bottom Line: If you work for the government and think your employer has immunity, you could be liable for infringement even though your employer may not.
- ↑ 28 U.S.C. § 1498 (2006).
- ↑ 17 U.S.C. § 511 (2006). Chavez v. Arte Publico Press, 157 F.3d 282 (5th Cir. 1998) and Rodriguez v. Texas Comm’n on the Arts, 199 F.3d 279 (5th Cir. 2000) held that the federal statute did not validly abrogate a state’s sovereign immunity against infringement lawsuits.
- ↑ Redondo-Borges v. U.S. Dept. of Hous. and Urban Dev., 421 F.3d 1, 7 (1st Cir. 2005).
