Cooper’s Revenge

States Immune from Copyright Infringement Lawsuits After Supreme Court Invalidates 1990 Law Allowing Copyright Holders to Sue States for Infringement

In Allen v. Cooper, the Supreme Court ruled that the States are shielded from liability for copyright infringement by sovereign immunity.  In Allen, the Court handed down a decision that strikes as unconstitutional a provision in the Copyright Remedy Clarification Act of 1990 (the “CRCA”)  by which Congress attempted to strip States of their sovereign i…