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Copyright Eleventh Amendment

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
International Lawyers Network

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity,...

I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the...more

International Lawyers Network

Queen Anne’s Revenge, Indeed!: Copyright Conundrums, Sovereign States, and IP Piracy

We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law. On the one hand, we have a national and...more

Manatt, Phelps & Phillips, LLP

Supreme Court: States Generally Immune From Copyright Infringement

In Allen v. Cooper, the Supreme Court held that the copyright clause in the U.S. Constitution did not authorize Congress to abrogate states’ Eleventh Amendment immunity from copyright infringement. In addition, Congress’s...more

Bricker Graydon LLP

Copyrights and state sovereignty: U.S. Supreme Court removes monetary damages for state actor infringement

Bricker Graydon LLP on

On March 23, 2020, a unanimous, if slightly fractured, Supreme Court ruled in Allen v. Cooper, 140 S. Ct. 994 (2020), that Congress did not properly abrogate sovereign immunity when it enacted the Copyright Remedy...more

Sunstein LLP

Supreme Court Allows States to Plunder Copyrighted Videos

Sunstein LLP on

In a remarkable decision, Allen v. North Carolina, the Supreme Court held on March 23 that the state of North Carolina can lawfully plunder a videographer’s copyrighted videos and photographs of the recovery of Blackbeard’s...more

ArentFox Schiff

Sovereign Immunity Prevails: Litigants Cannot Sue States for Copyright Infringement, Supreme Court Holds

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The Supreme Court has stricken a federal statute that abrogated a State’s immunity from copyright infringement lawsuits. The Copyright Remedy Clarification Act of 1990 (CRCA) provided that States “shall not be immune, under...more

McDermott Will & Emery

SCOTUS Sinks the CRCA, Confirms States Are Immune from Copyright Suits

A unanimous decision from the Supreme Court of the United States in Allen v. Cooper affirmed a previous ruling by the US Court of Appeals for the Fourth Circuit and held that states cannot be sued for copyright infringement,...more

Knobbe Martens

A Collision of Patents, Copyrights, and Piracy on the High Seas

Knobbe Martens on

ALLEN V. COOPER - Before Kagan, Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Thomas, Breyer, and Ginsburg. Appeal from the Fourth Circuit. Summary: States cannot be sued for copyright infringement as the Copyright...more

Foley Hoag LLP - Making Your Mark

Supreme Court Says State Sovereign Immunity Sinks Pirate Shipwreck Copyright Suit

Edward Teach, more popularly known as Blackbeard, roamed the seven seas and terrorized merchant vessels off the U.S. and Caribbean coasts during the colonial period. He ultimately met his demise when the colony of Virginia...more

Robins Kaplan LLP

Supreme Court Holds that States are Immune from Copyright Infringement

Robins Kaplan LLP on

On March 23, the U.S. Supreme Court held that a state cannot be sued for copyright infringement because Congress lacked authority to abrogate the states’ immunity from copyright infringement suits when it enacted the...more

Dorsey & Whitney LLP

Shiver Me Timbers: Can the States Now Legitimately Hornswoggle Copyright Owners?

Dorsey & Whitney LLP on

In a case where the subject matter (copyrights relating to footage of a salvaged pirate ship) is arguably more intriguing than the question presented, the Supreme Court held that a section of the Copyright Act allowing...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Upholds State Sovereign Immunity in Copyright Case in Allen v. Cooper (2020)

The Supreme Court on Monday affirmed the Fourth Circuit’s decision upholding State sovereign immunity against claims of copyright infringement.[i] The case arose over Petitioner Allen’s suit against North Carolina’s...more

Weintraub Tobin

SCOTUS Rules That North Carolina Is Protected From Copyright Infringement Claims By Sovereign Immunity

Weintraub Tobin on

The Supreme Court of the United States has held that the state government is free to infringe copyrights without fear of retribution. In Allen v. Cooper, the Supreme Court decided whether the state of North Carolina could be...more

Womble Bond Dickinson

North Carolina Won’t Be Walking the Plank: Supreme Court Finds State is No Copyright Pirate in Blackbeard Ruling

Womble Bond Dickinson on

Blackbeard and his band of pirates pillaged and plundered up and down North Carolina’s Outer Banks more than 300 years ago, inspiring stories (both true and fictional) that capture imaginations to this day. On March 23rd, the...more

McDermott Will & Emery

Yo Ho No: Lack of Express Language Scuttles Claim of Sovereign Immunity Waiver

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit confirmed, consistent with rulings in other courts, that the Copyright Remedy Clarification Act does not validly abrogate 11th Amendment immunity, and that 11th Amendment...more

Proskauer Rose LLP

Three Point Shot - June 2017

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"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

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