A Kentucky high school intended to administer a mental-health survey to its students. Concerned about the survey’s contents, a parent requested a copy under the Kentucky Open Records Act, aiming to share it with other parents and reporters. The school denied her request, citing a provision of the state law that excludes records “prohibited by federal law or regulation” from disclosure, and argued that the survey was copyrighted by its publisher, NCS Pearson. The school did allow her to inspect the survey in person, but would not provide a copy.

The parent, Miranda Stovall, did not pursue available state remedies, such as review by the Kentucky Attorney General or a state court appeal. Instead, she filed suit in the United States District Court for the Western District of Kentucky, seeking a declaratory judgment that releasing the survey would fall under the fair-use exception in federal copyright law. NCS Pearson moved to dismiss for lack of jurisdiction, and the district court dismissed the case, finding that Stovall’s claim did not arise under federal law.

The United States Court of Appeals for the Sixth Circuit reviewed the district court’s decision. The appellate court held that federal jurisdiction was lacking because Stovall’s claim arose under state law, not the Copyright Act, and did not “necessarily raise” a substantial federal question. The court found that copyright law entered the dispute only as a defense to the state-law claim, and that potential future infringement actions did not establish Article III standing. The court affirmed the district court’s dismissal for lack of federal subject-matter jurisdiction. View “Stovall v. Jefferson Cnty. Bd. of Education” on Justia Law