Mom Fails to Revive Suit for Copies of School Health Survey (1)

The Sixth Circuit declined to reinstate a Kentucky parent’s lawsuit seeking access to digital copies of a copyrighted mental health survey administered to students, affirming her complaint belongs in state court.

A Kentucky district court correctly ruled it doesn’t have jurisdiction over the case because her open records claim fails to raise a question of federal law since copyright law serves only as a defense for the survey’s owner, according to an order issued Wednesday.

Although the parent said the copies would qualify as fair use under the federal Copyright Act, “It is foreground questions of federal law, not background ...