BOP
  • HOME
  • CONFERENCE
  • NEWS
  • EDITORIALS
    • Behind The Scene
  • FEATURES
    • Photo Of The Day
    • Photographer Of The Week
  • TUTORIALS
No Result
View All Result
BOP
  • HOME
  • CONFERENCE
  • NEWS
  • EDITORIALS
    • Behind The Scene
  • FEATURES
    • Photo Of The Day
    • Photographer Of The Week
  • TUTORIALS
No Result
View All Result
BOP
No Result
View All Result
The American Supreme Court Declared that States Can’t be Sued for Copyright Infringement

The American Supreme Court Declared that States Can’t be Sued for Copyright Infringement

Ufana Ishoyor by Ufana Ishoyor
March 1, 2022
in Editorial, News
403 26
0
Share on FacebookShare on Twitter

You might also like

”DON’T RUSH IT; JUST ENJOY NATURE” BOP INTERVIEW WITH DAVID JOSEPH

”DON’T RUSH IT; JUST ENJOY NATURE” BOP INTERVIEW WITH DAVID JOSEPH

May 2, 2025
The Creative Space Revolution

The Creative Space Revolution

May 1, 2025
ADVERTISEMENT

Yesterday, the Supreme Court of the United States dealt a major blow to photographer’s copyright protections when it declared that states cannot be sued for copyright infringement because they have “sovereign immunity.”

The opinion came down as part of a writ of certiorari regarding the case of Allen v Cooper. A writ of certiorari is basically a review of a lower court’s decision, and in this case, the Supreme Court has upheld the decision by the Court of Appeals for the Fourth Circuit, which decided that states are immune from copyright infringement lawsuits.

The case began in 2013, when videographer Frederick Allen sued North Carolina for using his videos of the salvage of Queen Anne’s Revenge, a shipwreck discovered off the North Carolina coast in 1998, without permission. The state claimed “sovereign immunity,” and though they initially lost this argument in the Eastern District of North Carolina, the US Court of Appeals for the Fourth Circuit reversed the ruling.

In essence, the Supreme Court agreed with the Fourth Circuit, ultimately striking down the Copyright Remedy Clarification Act (CRCA) of 1990. This 30-year-old amendment to the Copyright Act of 1976 tried to strip states of their sovereign immunity where copyright was concerned, and it was at the core of Allen’s lawsuit. If states can’t claim sovereign immunity to get out of copyright infringement, then North Carolina had no defense.

Unfortunately, the Supreme Court agreed with the Fourth Circuit, stating that Congress lacked the authority to take away State’s immunity in the CRCA, passing the buck back to Congress and giving states carte blanche to infringe with impunity (or, as it were, immunity).

The NPPA warned against this very outcome late last year, when they filed an amicus brief with the Supreme Court in this case. “The decision, in this case, will ultimately determine whether states can be held liable for damages under the Copyright Act,” wrote the NPPA at the time, “or whether sovereign immunity clears the way for states to infringe with impunity everything from photographs to Hollywood movies.” Now this warning has become harsh reality.

 

“We are extremely disappointed in the Court’s opinion as being another blow to photographers’ copyright protections,” Mickey Osterreicher, NPPA General Counsel, told PetaPixel earlier today. “While SCOTUS held that Congress ‘lacked authority to abrogate the States’ immunity from copyright infringement suits in the CRCA,’ we are hopeful that at some point soon the Congress will appropriately address this inequity.”

That hope lies, primarily, with the big Hollywood studios, who have plenty of reason to get after Congress to make this right, and pass a version of the CRCA that strips states of their copyright immunity, without violating the constitution at the same time. “In the meantime,” says Osterreicher, “we worry that this ruling will only embolden states to further infringe the works of others.”

One shred of hope—a workaround if you will—does exist however. J. Michael Keyes, an intellectual property attorney and partner at the law firm Dorsey & Whitney, tells PetaPixel that photographers could still go after any third party that the state may have used to perpetrate the infringement. “While states are immune from suit, others that may be involved in copying or reproducing the work at issue are not,” says Keyes. “For example, if a state uses the resources of a third party to copy or distribute the work at issues, those parties would still be potentially on the hook for infringement claims.”

You can read the full Court statement by clicking here

Culled from PetaPixel.

Tags: #BOPBOP FeatureBOP2020BOPconferencecopyrightfeaturesindustry-newsSupreme Court
ADVERTISEMENT
Ufana Ishoyor

Ufana Ishoyor

Ufana Ishoyor is a Portrait, Editorial and Fashion Lifestyle Photographer. A self proclaimed ShutterNerd who'd take a good tutorial and a cup of tea any-day, anytime. Now You know!

Related Stories

”DON’T RUSH IT; JUST ENJOY NATURE” BOP INTERVIEW WITH DAVID JOSEPH

”DON’T RUSH IT; JUST ENJOY NATURE” BOP INTERVIEW WITH DAVID JOSEPH

by Ibukunoluwa Adekunle
May 2, 2025
0

David Joseph is a dynamic and visionary creative whose artistry bridges the worlds of macro-wildlife and street photography. With an...

The Creative Space Revolution

The Creative Space Revolution

by Ibukunoluwa Adekunle
May 1, 2025
0

In the heart of Lagos, where creativity thrives and innovation knows no bounds, one challenge continues to hinder the full...

LOCAL STORIES, GLOBAL REVENUE

LOCAL STORIES, GLOBAL REVENUE

by Ibukunoluwa Adekunle
March 5, 2025
0

The Business Of Photography in collaboration with SONY and the Peter Bello foundation (PBF) is bringing a creative workshop to...

”AS AN ARTIST,  HOW YOU ARE ABLE TO PAINT YOUR STORY IS WHAT MAKES IT A SUCCESS” BOP INTERVIEW WITH KOLAWOLE AYINDE

”AS AN ARTIST, HOW YOU ARE ABLE TO PAINT YOUR STORY IS WHAT MAKES IT A SUCCESS” BOP INTERVIEW WITH KOLAWOLE AYINDE

by Ibukunoluwa Adekunle
February 22, 2025
0

Every artist has a story, but what sets them apart is how they choose to tell it. Some follow the...

Next Post
Pentax Announces New ‘Star-Series’ 85mm f/1.4 Lens

Pentax Announces New ‘Star-Series’ 85mm f/1.4 Lens

ADVERTISEMENT
  • Categories

    • Behind The Scene 2
    • Editorial 808
    • Event 17
    • Features 370
    • Interviews 6
    • News 558
    • Opportunities 35
    • Photo Of The Day 65
    • Photographer Of The Week 78
    • Tutorials 192
ADVERTISEMENT
  • HOME
  • CONFERENCE
  • NEWS
  • EDITORIALS
  • FEATURES
  • TUTORIALS

© 2025 Business of Photography - Built with ❤️ by Z I C K T E R N E T.

No Result
View All Result
  • HOME
  • CONFERENCE
  • NEWS
  • EDITORIALS
    • Behind The Scene
  • FEATURES
    • Photo Of The Day
    • Photographer Of The Week
  • TUTORIALS

© 2025 Business of Photography - Built with ❤️ by Z I C K T E R N E T.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In