LCA Endorses Comments by Higher Education Leadership on Sovereign Immunity

The Copyright Office solicited reply comments and empirical research studies, due October 22, for its public study to determine the extent to which copyright owners are experiencing infringement by states without adequate remedies under state law. In its initial request for comments on this issue, rights holders completely and utterly failed to meet the standard of harm required by the Supreme Court in Allen v. Cooper. The Library Copyright Alliance (LCA) endorses the reply comments filed by higher education leadership, in the Association of American Universities (AAU) and the Association of Public and Land-grant Universities (APLU) and the academic and research library community, as expressed by joint comments of the Association of Southeastern Research Libraries (ASERL) and the Greater Western Library Alliance (GWLA). On September 2, 2020, LCA submitted comments to the Copyright Office arguing against abrogation of state sovereign immunity.