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The Supreme Court on Monday ruled 9 to 0 that Congress does not have the authority to repeal states’ sovereign immunity from copyright infringement suits in the Copyright Remedy Clarification Act of 1990.
States’ immunity extends to “instruments of the state,” including public colleges, which are often reservoirs of information and spearheading digital preservation efforts.
The Association of Public and Land-grant Universities issued a statement in support of the ruling.
“We applaud the Supreme Court’s unanimous decision today to preserve states’ sovereign immunity from copyright litigation, protections that extend to public universities,” the statement read. “APLU was proud to lead a friend-of-the-court brief with the Association of American Universities highlighting the vital importance of state sovereign immunity in ensuring public universities can advance education and innovation.”
