High Court Leaves Hints for Copyright Rewrite in Blackbeard Case

March 24, 2020, 9:21 PM

A Supreme Court decision that struck down a law that states could be sued for copyright infringement left the door open for Congress to write a more limited version.

The unanimous decision held the Copyright Remedy Clarification Act of 1990 unconstitutional because the law improperly stripped states of sovereign immunity. The ruling in Allen v. Cooper doomed a videographer’s bid to sue North Carolina for infringing his footage of Blackbeard’s sunken pirate ship.

But the court said Congress could craft a less rigid law under its 14th Amendment power to pass laws stopping states from depriving property without “due process.” ...

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