Chavez v. Arte Publico Press

204 F.3d 601 (5th Cir. 2000)

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Nature of the Case

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Facts

P sued the University of Houston (Ds) for copyright infringement. P asserts that Ds infringed her copyright by continuing to publish her book without her consent and violated the Lanham Act by naming her, also without her permission, as the selector of plays in another book it published. Ds claimed sovereign immunity under the Eleventh Amendment. Ds also claimed that CRCA was unconstitutional. The case has once again been remanded for reconsideration in light of the Supreme Court's decisions in Florida Prepaid Postsecondary Educ. Expense Bd. and College Savings Bank. The issue is whether Congress properly exercised its authority to subject states to suit in federal court for violation of these statutes. See 15 U.S.C. § 1122; 17 U.S.C. §§ 501, 511.