Allen v. Cooper
In brief
The Supreme Court upheld the Fourth Circuit's ruling and decided that the CRCA could not remove states' legal protection from copyright-infringement suits.
- Where it stands
- Decided
Decided 9-0 · March 23, 2020 · Opinion by Justice Kagan
- What it’s about
- Frederick Allen and Nautilus Productions claimed that North Carolina infringed their copyrights in photographs and videos of a historic shipwreck.
- Who it affects
- The ruling means the CRCA cannot remove states' legal protection from private copyright-infringement suits. It also leaves the Fourth Circuit's ruling in place in the dispute over North Carolina's use of those photos and videos.
Summary: written with AI from the case record.
What it's about
The Supreme Court agreed with the lower court (affirmed its ruling) that Congress’s Copyright Remedy Clarification Act did not remove states’ immunity from copyright-infringement suits.
The case tested whether Congress could use its copyright power to let private owners sue states despite states' legal protection from private lawsuits.
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.
What the Court decided
Holding
Congress lacked authority to abrogate the States’ immunity from copyright infringement suits in the CRCA. 895 F. 3d 337, affirmed.
- Result
- Affirmed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
- Majority · 7joined the Court's opinion
- Concurring · 2agreed with the result, wrote separately
- Breyerwrote separately
- Ginsburg
What's next
The Supreme Court's review is complete, and the Fourth Circuit's ruling remains in place.
Documents
Docket activity
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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Brief added: Questions Presented
More questions
- What did Allen v. Cooper decide?
- It upheld the Fourth Circuit's ruling and decided that Congress lacked authority to remove states' legal protection from copyright-infringement suits through the CRCA.
- Why did the copyright holder sue North Carolina?
- North Carolina used copyrighted photos and videos from the Blackbeard shipwreck recovery without permission.
- What does the ruling mean for copyright owners suing states?
- They cannot rely on the CRCA to remove states' legal protection from private copyright-infringement suits.
- What happens next in Allen v. Cooper?
- Supreme Court review is complete, and the Fourth Circuit's ruling remains in place.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.