Managing Copyright Risk: A Balancing Act

While state sovereign immunity may protect GSU from a federal copyright suit, officials of a state institution may be sued in their official capacity, as long as the suit seeks injunctive relief, but no monetary damages. Thus, by suing university officials, publishers demonstrated that state institutions are not completely protected from litigation. Though the AAP has sought broad endorsement of the guidelines established with Cornell, Hofstra, Marquette and Syracuse Universities (see sidebar), no consensus has yet emerged. A judicial decision governing future conduct at Georgia State would reinforce the publishers’ initiative.