No. 18-877October Term 2019Decided Mar 23, 2020
Allen v. Cooper
The Court finished this case and answered the immunity question that controls whether copyright owners can seek damages from states under this federal law.
Case status
- Current stage
- Decided
- Latest event
- Decision released Mar 23, 2020
- What it's about
This case arose after North Carolina used copyrighted photos and videos of Blackbeard’s shipwreck recovery without permission, and the copyright holder sued the State for infringement. The Supreme Court considered whether Congress had the constitutional power to let private copyright owners sue states for money damages under the Copyright Remedy Clarification Act.
Question presented
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.
- Case path
United States Court of Appeals for the Fourth Circuit / Decision released Mar 23, 2020
- Area
Decided Supreme Court case
Briefing
What it's about
After North Carolina used copyrighted photos and videos of Blackbeard's shipwreck recovery without permission, the copyright holder sued the state. On March 23, 2020, the Supreme Court decided whether Congress could let private copyright owners seek money damages from states under the Copyright Remedy Clarification Act.
Vote
The case was argued on Nov. 5, 2019, and decided on March 23, 2020, but the prompt does not provide the vote or opinion lineup.
Impact
The answer affects whether photographers, filmmakers, and other creators can recover damages when a state uses copyrighted work without permission. For example, it matters if a state university, museum, or agency posts protected material online.
What's next
The Supreme Court has finished this docket action. The practical next step is for lower courts and future litigants to apply the decision in disputes over state use of copyrighted works.
What was the core dispute in Allen v. Cooper?
The case asked whether Congress could remove a state's immunity and let copyright owners sue states for money damages under federal copyright law.
Why does Allen v. Cooper matter outside this shipwreck dispute?
It affects creators and state agencies nationwide. A state museum, university, or office may use protected works, and the available remedies depend on this ruling.
What happens next after the Supreme Court's decision in Allen v. Cooper?
The Supreme Court's work is over in this case. Lower courts and future parties will apply the decision in similar copyright fights involving states.
Decision
What the Court decided
The Court finished this case and answered the immunity question that controls whether copyright owners can seek damages from states under this federal law.
Impact
The answer affects whether photographers, filmmakers, and other creators can recover damages when a state uses copyrighted work without permission. For example, it matters if a state university, museum, or agency posts protected material online.
Not official Court text.
Opinion documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials10
Supreme Court docket 18-877
docket | Jul 3, 2026
Primary case document
Supreme Court document | Jul 3, 2026
CourtListener docket record
docket | Jul 3, 2026
Questions Presented
brief | May 24, 2026
opinion
opinion | Mar 23, 2020
Petition
brief | Jan 4, 2019
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026