Managing Copyright Risk: A Balancing Act

In an interview with Minow, Jonathan Pink, attorney for the defendants, stated that the court had decided “that a State, employee of a State (acting within his or her official capacity) or instrumentality of a State cannot be held liable for copyright infringement.”

Another early opinion in the case was noted on The Patry Copyright Blog: “the court, while dismissing the case against the university, allowed it to [move] forward against the individual university employee who was involved in the copying, Mr. Rauch.” Patry cites the February, 2008, decision by Judge John A. Houston, Civil No. 06CV1682 JAH: “Based on the [amended complaint], which includes allegations that Rauch personally engaged in the infringing behavior, the Court finds Plaintiff seeks relief from Rauch in his individual capacity as well as [his] official capacity. Accordingly, Rauch is not entitled to sovereign immunity from the suit seeking relief against him in his individual capacity.”