Re: Copyright and Sovereign Immunity

Subject: Re: Re: Copyright and Sovereign Immunity

Comments:
: : I recenltly filed a copyright lawsuite against a state in the Federal District court. Although the case is very strong complying with ALL the Copyright Law requirements, the same was dismissed due to the sovereign immunity. In other waord a private individual can not sue the government to protect his rights . This is totally unfair. Is there any mechanism from the US Copyright Office to protect my rights, intellectual property and actually enforce the law that they created. Should I notify them about the courts's decision. Can they appeal on my behalf? : Dear Mr. Roque, : There are usually ways to apply for compensation for sovereign takings. There are state courts of claims. With a copyright though there may be a problem in a state court of claims since copyright is Federal and goes into the Federal court. : The immunity is fully there but is oftentimes waived. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop™ : E arly L egal A dvice I s N ot E xpensive™

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