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Fourteenth Amendment Copyright

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

Proskauer - Minding Your Business

State Infringement of Copyright Cannot Proceed in Federal Court, Fifth Circuit Says

When there is a right, there is a remedy—or so the maxim goes. But when a state infringes upon your copyright, such a remedy may be more difficult to obtain. Just a year ago, the Supreme Court held in Allen v. Cooper 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

ArentFox Schiff on

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

Akerman LLP - Marks, Works & Secrets

The Final Revenge of Queen Anne’s Revenge: State’s Use of Photographs Is Not Piracy

On March 23, 2020, in Allen v. Cooper, the Supreme Court held that Allen, who spent over two decades, photographing the shipwreck of Queen Anne’s Revenge, better known as the flagship for the pirate Blackbeard, cannot sue the...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

Akerman LLP

IP: The Final Revenge of Queen Anne’s Revenge: State’s Use of Photographs Is Not Piracy

Akerman LLP on

On March 23, 2020, in Allen v. Cooper, the Supreme Court held that Allen, who spent over two decades, photographing the shipwreck of Queen Anne’s Revenge, better known as the flagship for the pirate Blackbeard, cannot sue the...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

McDonnell Boehnen Hulbert & Berghoff LLP

Allen v. Cooper (2020)

On March 23, 2020, in a decision containing not a small amount of whimsy (more regarding that aspect anon), Justice Kagan, joined almost unanimously by her brethren, upheld a State's ( North Carolina) sovereign immunity...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

Proskauer - Minding Your Business

States Cannot be Sued for Copyright Infringement Says the Supreme Court

On March 23, 2020, the United States Supreme Court ruled that States cannot be sued for copyright infringement under principles of sovereign immunity. This ruling arose from a filmmaker’s suit against the state of North...more

Snell & Wilmer

Supreme Court: Statute Exposing States to Claims of Copyright Infringement Must Walk the Plank

Snell & Wilmer on

Today a unanimous Supreme Court struck down the Copyright Remedy Clarification Act of 1990 (“CRCA”), which sought to expose States to copyright infringement suits. See 17 U.S.C. § 511(a). The Court’s decision in Allen v....more

Sheppard Mullin Richter & Hampton LLP

Intellectual Property Outlook: Cases and Trends to Follow in 2020 – Part 1

PART 1: IP ISSUES CURRENTLY PENDING BEFORE THE SUPREME COURT - In the first part of our series, we briefly summarize the intellectual property issues that the Supreme Court has already agreed to address in 2020. In...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

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