Managing Copyright Risk: A Balancing Act

Pink explained the court’s rationale: “… a state employee will be subjected to suit in his or her individual capacity even though he or she had been acting as an agent of the State if it is shown that the employee’s conduct was ultra vires [beyond the powers of] his or her delegated authority, e.g. by violating a federal law.” This aspect of the case unsettled many employees of state institutions, as they generally see themselves protected from personal liability by the sovereign immunity of the state.