The copyright infringement case between Antti Porkka and the University of South Florida (USF) and was resolved on February 16, 2018. Porkka alleged that USF made use of a “digitally identical … ‘H’ Logo” in their “Navigator” program, to help enroll “Kids and Families” in the Health Insurance Marketplace. However, USF was able to successfully defend against the suit by claiming Eleventh Amendment immunity to the suit as an arm of the state.
This is not the first Florida case to affirm Eleventh Amendment immunity for state universities. In its analysis, the court reaffirmed that state universities qualify as arms of the state. In arguing against Eleventh Amendment immunity to the suit, Porkka contended that USF had exceeded its enumerated powers and duties as part of the executive branch of state government by marketing insurance policies on behalf of the U.S. Department of Health and Human Services (HHS). Florida’s Constitution states the purpose of the state university system as providing “public service for the benefit of Florida’s citizens, their communities and economies.” Fla. Const. art. IX §7(a). As the stated mission of USF’s College of Public Health was within the constitutionally stated purpose for state universities and USF’s actions were within that mission, the court determined USF had not exceeded its enumerated powers and duties by marketing insurance policies on behalf of the HHS.
Porkka also contended that USF could not claim immunity for this use because it had received funds for the program at issue from HHS. However, the court found that receiving funds from the HHS was not sufficient to overcome Eleventh Amendment immunity when the funds passed through the state budget process and the state maintained responsibility for payment of any judgments against USF.
As a result, USF was able to avoid the substance of the infringement claim and rely on its claim to Eleventh Amendment immunity to avoid any possible liability for the use of the image.