February 16, 2022
Statement From Maria A. Pallante, President and CEO, Association of American Publishers On The United States District Court for the District of Maryland Granting a Preliminary Injunction in the Case of Association of American Publishers v. Brian Frosh
The United States District Court for the District of Maryland today ruled in favor of the Association of American Publishers (AAP) granting a preliminary injunction that suspends the unconstitutional law at the center of Association of American Publishers v. Brian Frosh, in his official capacity as Attorney General of the State of Maryland. As AAP’s lawsuit explained in great detail, Maryland enacted a state copyright law that interfered with and sought to direct the transmissions of literary works within its borders—a law that clearly conflicts with the United States Copyright Act and frustrates its essential public purpose.
Maria Pallante, President and CEO of the Association of American Publishers commented on the court’s decision, saying, “We are extremely pleased with the court’s swift opinion and strong analysis in granting a preliminary injunction today. As the court concluded, this outcome is very much in the public interest, and it ‘is only through the protection of copyright that books and other creative works may be generated and distributed at all.’
“We also thank the court for moving decisively to protect the integrity of the exclusive rights that vest with authors, for preserving a uniform and effective federal Copyright Act, and for recognizing the long-term criticality of a vibrant and independent publishing industry in society.
The opinion makes crystal clear that ‘striking the balance between the critical functions of libraries and the importance of preserving the exclusive rights of copyright holders’ is not the province of ‘this court or a state legislature.’”
The Court Memorandum can be read here.
The Court Order granting the Preliminary Injunction can be read here.