New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

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Copyright & Fair Use; Intellectual Property

Israel v. University of Utah (D. Utah Apr. 18, 2017)

Memorandum Decision and Order granting the University of Utah’s Motion to Dismiss. Plaintiff, a former student at the University, filed suit alleging that the individual Defendants violated her intellectual property rights by producing peer-reviewed publications, academic papers, posters, and presentations based on her copyrighted materials without her consent, and that the University repeatedly failed to address her reports of copyright infringement. The court dismissed Plaintiff’s claims against the University, finding that the University was an arm of the state under the Eleventh Amendment, that Congress had not abrogated states’ immunity to suit under federal copyright statutes or their amendments, and that the University had not consented to suit by endorsing the Copyright Act, accepting federal assistance, or filing state court litigation in federal court.

Copyright & Fair Use

Comments on Section 1201 of the Digital Millennium Copyright Act

Comments submitted by the Association of American Universities (AAU), the Association of Public and Land-grant Universities (APLU), and Educause on Section 1201 of the Digital Millennium Copyright Act (DMCA). Every three years, the Copyright Office considers potential limited exemptions to Section 1201's anticircumvention provisions and solicits comments on these provisions. The organizations submitting these comments believe that the anticircumvention provisions and the 1201 rule making process are substantively flawed and offer a series of proposals for reforming these provisions in order to improve flexibility, encourage rather than inhibit innovation, remove redundant administrative burdens, eliminate interference with legitimate fair use of copyrighted works, and protect copyright holders in a more meaningful manner.