RICHARD ANDERSON PHOTOGRAPHY, Plaintiff-Appellant,
v.
Deborah BROWN; Radford University, Defendants-Appellees. and
VISITORS OF RADFORD UNIVERSITY; Bernice Thieblot; Armand Thieblot, Defendants,
v.
NATIONAL MUSIC PUBLISHERS' ASSOCIATION, INC.; American Society of Composers, Authors and Publishers; Broadcast Music, Inc.; Music Publishers' Association of the United States, Inc.; The Songwriters Guild of America; Volunteer Lawyers for the Arts, Inc.; Barbara Ringer; John M. Kernochan; William F. Patry; Association of American Publishers; Association of American University Presses, Inc.; Information Industry Association, American Intellectual Property Law Association, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued November 2, 1987.
Decided July 20, 1988.
Attorney(s) appearing for the Case
Steven B. Rosenfeld (Peter L. Felcher, Marjorie L. Van Dercook, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on brief), for Amici Curiae Nat. Music Publishers' Ass'n, Inc., American Society of Composers, Authors and Publishers, Broadcast Music, Inc., Music Publishers' Ass'n of the U.S., and the Songwriters Guild of America.
John M. DiJoseph (Sattler & DiJoseph, Arlington, Va., on brief), for appellant.
Richard Crosswell Kast, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Paul J. Forch, Sr. Asst. Atty. Gen., Richmond, Va., on brief), for appellees.
Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., Harry G. Iwasko, Jr., Asst. Atty. Gen., Philip J. Smith, Asst. Atty. Gen., Lansing, Mich., on brief, for Amicus Curiae, The State of Mich. in support of appellees Radford University, et al.
Irwin Karp, Harriette K. Dorsen, New York City, on brief, for Amici Curiae Volunteer Lawyers for the Arts, Inc.
Barbara Ringer, Washington, D.C., John M. Kernochan, New York City, and William F. Patry, Washington, D.C., in support of appellant Richard Anderson Photography.
Jon A. Baumgarten, Minna Schrag, Andrew W. Reich, Proskauer, Rose, Goetz & Mendelsohn, New York City, on brief, for Amici Curiae The Ass'n of American Publishers, Inc., American Ass'n of University Presses, Inc. and Information Industry Ass'n.
Before PHILLIPS and CHAPMAN, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
JAMES DICKSON PHILLIPS, Circuit Judge:
This appeal presents the questions whether the eleventh amendment provides immunity to a state educational institution, its governing board, and one of its officials, as sued in her official capacity, on a claim for damages under the Copyright Act of 1976, 17 U.S.C. § 101 et seq. (the Act), and whether state law provides immunity to the state official as sued in her individual capacity. The district court found both...
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