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Copyright Office published a report on its State Sovereign Immunity Study in the wake of Allen v. Cooper. In Allen, the Court invalidated the Copyright Remedies Clarification Act CRCA—a law that purported to abrogate state sovereign immunity to copyright damages.
Introduction On 23 March 2020 the Supreme Court unloaded its cannons on the Copyright Clarification Act (CRCA) 1990, holding in Allen v Cooper that Congress lacks authority to abrogate states' immunity from copyright infringement suits.(1) The unanimous decision found that the court's previous holding in a case rejecting the sovereign immunity abrogation clause in the nearly identical Patent Remedy Act compelled a similar result.(2) Thus, states are now effectively immune from copyright infringement actions unless Congress creates a new law permitting abrogation of sovereign immunity in this...