Allen v. Cooper
Whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act, Pub. L. No. 101-553, 104 Stat. 2749 (1990), in providing remedies for authors of original expression whose federal copyrights are infringed by States
U.S. Supreme Court holds that the doctrine of sovereign immunity bars states from being sued for copyright infringement
Relying on precedent, the Court
held that Congress did not have constitutional authority to abrogate the states’ sovereign immunity. But the Court left open the possibility that Congress in the future could permit copyright claims against states if Congress develops a stronger legislative record demonstrating state copyright infringement.
U.S. Chamber files coalition merits-stage brief urging Supreme Court to uphold Congress’ abrogation of the States’ sovereign immunity against claims of copyright infringement
Click here to view the Chamber’s amicus brief.
Beth S. Brinkman of
Covington & Burling LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.