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Allen v Cooper Archives - ASMP

Screenshot of article posted on The Illusion of More

Allen v. Cooper: Justly Decided If Not Exactly Just

By Strictly Business BlogNo Comments

Cross-posted from The Illusion of More.  [By David Newhoff]  “Professional creators following the case Allen v. Cooper were no doubt disappointed by the Supreme Court’s March 23 decision—a unanimous holding that the States (and/or their agents) are generally free to infringe copyrights with impunity. But perhaps authors of works should not to be entirely discouraged on this matter, because it seems clear from the opinions written that the Justices would have preferred if the law had led…

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Allen v. Cooper:: Can States Get Away With Everything Now?

By Legal, Strictly Business BlogNo Comments

On March 23, the Supreme Court upheld the Fourth Circuit’s decision in a pivotal case for photographers and creators in Allen v. Cooper, holding that the Copyright Remedy Clarification Act (CRCA) “does not validly abrogate” Eleventh Amendment sovereign immunity. This essentially means that the CRCA does not protect creators from State infringers in a copyright infringement suit. Basically, a State may use sovereign immunity to avoid claims of infringement. A word of warning: this is one of the more…

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ASMP and NPPA Ask the U.S. Supreme Court to Protect Photographers from Copyright Infringement by States

By LegalNo Comments

The American Society of Media Photographers (ASMP) and National Press Photographers Association (NPPA), joined by five other visual arts associations, weighed in on Tuesday in a copyright case that is going to be heard before the U.S. Supreme Court in November, and asked the high court to determine that states cannot freely infringe on copyright. Read the Brief Here Background States generally have a defense called “sovereign immunity” which protects them from being sued for…

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Supreme Court Watch: High Court To Decide Whether State Governments Can Be Sued for Money Damages in Copyright Cases

By Advocacy, Copyright ReformNo Comments

ASMP members need to know that from a legal perspective, dealing with a state entity, such as a state-run college, may prove very different than interacting with a private entity or person.  Simply put, there is a longstanding doctrine of state sovereign immunity that, in general, prevents private citizens from recovering money in a lawsuit against a state instrumentality — unless immunity has been abolished by judicial or legislative action. Troubled by successful assertions by…

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