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Legislation Would Close States' Copyright Loophole

By Bill Holland, Washington, D.C.
Publication: Billboard Bulletin
Date: Friday, November 2 2001
Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee, yesterday introduced the Intellectual Property Protection Restoration Act (IPPRA), which would make state-owned entities, such as universities, subject to monetary infringement penalties under U.S. copyright law. Under the 11th Amendment, state-owned entities cannot be sued except in limited cases proscribed by Congress. Due to recent court decisions on pre-digital-era Congressional regulations that concern copyright, patent, and trademark infringement, such entities are considered immune from lawsuits. The RIAA, ASCAP, BMI, and others have pressed for the loophole to be closed.

Reps. Howard Berman, D-Calif., and Howard Coble, R-N.C., introduced a House companion bill.

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