SCOTUS Hands Initiative to Congress on State Immunity

On March 23, 2020, the Supreme Court of the United States (SCOTUS) issued its decision in Allen v. Cooper, stating that the Copyright Remedy Clarification Act of 1990 is unconstitutional because it denies states sovereign immunity. In the case, a videographer tried to sue North Carolina for infringing his footage of Blackbeard’s sunken pirate ship. World IP Review interviewed Finnegan partner Margaret Esquenet for her thoughts on the decision.

Margaret believes the decision opened the door to legislative reform in favor of copyright owners, as the court encouraged Congress to weigh in. Margaret said, “The court suggested that not all was lost, at least for future rightsholders. The decision provided a map for copyright owners to seek congressional action for a more narrowly tailored law targeting intentional and reckless infringement by state entities.”

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