Written by Sutherland Institute
June 18, 2025
There is a simple yet substantial question of federal law that underlies the parties’ jurisdictional dispute: Is the Copyright Act a withholding statute? The resolution of that question—as well as the related question of how the Copyright Act interacts with the Kentucky Open Records Act (“KORA”)—does not turn on a proper reading of state law but presents a purely federal issue. The district court erred by rejecting Mrs. Stovall’s federal-question arguments, which hardly attempt to “anticipate a defense,” let alone “bypass a state court action” through “procedural fencing” or creative lawyering. Stovall v. Jefferson Cty. Bd. of Educ., No. 24-0336, 2025 WL 848467, at *3–4 (W.D. Ky. Mar. 18, 2025).
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