The immunity dilemma: Are state colleges and universities still liable for copyright infringements?

Recent court rulings have created the most extraordinary result of appearing to leave state agencies-and, hence, state universities-immune from copyright infringement liabilities. These decisions are based on constitutional principles that protect states from liability in federal courts; meanwhile, copyright infringement cases are required to be filed only in federal courts. These developments might lead some members of the academic community to conclude that state institutions are sheltered from any threat of legal liability; therefore, they need not concern themselves with subtleties and responsibilities associated with copyright and fair use. Leaping to that conclusion would be a serious error for many reasons. Despite some protection from legal liabilities, that protection is hardly complete and is far from certain.