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Allen v. Cooper Podcasts

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9 of The Best Podcast Episodes for Allen v. Cooper. A collection of podcasts episodes with or about Allen v. Cooper, often where they are interviewed.

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9 of The Best Podcast Episodes for Allen v. Cooper. A collection of podcasts episodes with or about Allen v. Cooper, often where they are interviewed.

Updated daily with the latest episodes

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SIDEBAR - Copyright and State Sovereign Immunity - The Allen v. Cooper Decision

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On March 23, 2020, the Supreme Court issued its opinion in Allen v. Cooper, concluding that Congress lacked the authority to enact the Copyright Remedy Clarification Act of 1990 (CRCA), which purported to abrogate state sovereign immunity in copyright infringement actions. The CRCA, which sought to remedy alleged state copyright infringement, provides that any “State, and any [State] instrumentality, officer, or employee” shall be liable for copyright infringement “in the same manner and to the same

extent as any nongovernmental entity.” In Allen, the Supreme Court held that the CRCA was not a valid exercise of Congress’s constitutional powers under Article I or Section 5 of the Fourteenth Amendment, although the opinion leaves open the possibility that a narrower congressional abrogation of state sovereign immunity for copyright suits might be constitutional.

The immediate practical effect of the decision is that copyright holders cannot sue state governments for copyright infringement without their consent. The decision’s broader significance lies in clarifying the

limitations on Congress’s power to provide remedies for state constitutional violations. This Sidebar will review the law of state sovereign immunity, the dispute in Allen v. Cooper, the Court’s opinion, and the implications for Congress.

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Aug 01 2020 · 13mins
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Allen v. Cooper - Post-Decision SCOTUScast

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On March 23, 2020, the U.S. Supreme Court released a decision in Allen v. Cooper, which is the latest development in a decades-long series of Congressional enactments and Supreme Court rulings over whether and how Congress can abrogate the sovereign immunity of States from intellectual property infringement suits. This all-star panel will discuss the Court’s most recent decision in the context of the evolution of the Court’s sovereign immunity jurisprudence, the policy concerns of Congress and intellectual property owners, and where we might go from here.
To discuss the case, in this special panel episode, we have:
Prof. Steven Tepp, Professorial Lecturer in Law, George Washington Law, and President and Founder of Sentinal Worldwide
Prof. John T. Cross, Grosscurth Professor of Intellectual Property Law and Technology Transfer, University of Louisville Brandeis School of Law
Prof. Ralph Oman, Pravel, Hewitt, Kimball and Kreiger Professorial Lecturer in Intellectual Property and Patent Law
Prof. Ernest A. Young, Alston & Bird Professor, Duke Law School

As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Apr 15 2020 · 1hr 1min
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Deep Dive 104 – The Allen v. Cooper Decision, or, Blackbeard's Revenge

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The recent Supreme Court ruling in Allen v. Cooper is the latest development in a decades-long series of Congressional enactments and Supreme Court rulings over whether and how Congress can abrogate the sovereign immunity of States from intellectual property infringement suits. This all-star panel will discuss the Court’s most recent decision in the context of the evolution of the Court’s sovereign immunity jurisprudence, the policy concerns of Congress and intellectual property owners, and where we might go from here.

Featuring:
- Prof. John T. Cross, Grosscurth Professor of Intellectual Property Law and Technology Transfer, University of Louisville Brandeis School of Law
- Prof. Ralph Oman, Pravel, Hewitt, Kimball and Kreiger Professorial Lecturer in Intellectual Property and Patent Law
- Prof. Steven Tepp, Professorial Lecturer in Law, George Washington Law, and President and Founder of Sentinal Worldwide
- Prof. Ernest A. Young, Alston & Bird Professor, Duke Law School

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
Apr 14 2020 · 1hr 1min
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Courthouse Steps Decision Teleforum: Allen v. Cooper

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Of Federalism, Copyright, and Blackbeard’s Revenge: The recent Supreme Court ruling in Allen v. Cooper is the latest development in a decades-long series of Congressional enactments and Supreme Court rulings over whether and how Congress can abrogate the sovereign immunity of States from intellectual property infringement suits. This all-star panel will discuss the Court’s most recent decision in the context of the evolution of the Court’s sovereign immunity jurisprudence, the policy concerns of Congress and intellectual property owners, and where we might go from here.

Featuring:
-- Prof. Steven Tepp, Professorial Lecturer in Law, George Washington Law, and President and Founder of Sentinal Worldwide
-- Prof. John T. Cross, Grosscurth Professor of Intellectual Property Law and Technology Transfer, University of Louisville Brandeis School of Law
-- Prof. Ralph Oman, Pravel, Hewitt, Kimball and Kreiger Professorial Lecturer in Intellectual Property and Patent Law
-- Prof. Ernest A. Young, Alston & Bird Professor, Duke Law School
Apr 13 2020 · 1hr
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The Law episode 76: Allen v. Cooper

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Pirates! Blackbeard! Queen Anne’s Revenge! Sovereign immunity! Enumerated powers! And, sexiest of all, copyright law! Stare decisis and legislative history, and separation of powers, too. The U.S. Supreme Court, just two weeks ago, dealt with them all. Did I mention PIRATES?! Avast, check it out, matey.

The post The Law episode 76: Allen v. Cooper appeared first on Speakeasy Ideas.

Apr 04 2020 · 37mins
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Allen v. Cooper - Post-Argument SCOTUScast

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On Nov. 5, 2019, the U.S. Supreme Court heard argument in Allen v. Cooper, which involves a dispute over the way state sovereign immunity and federal copyright law interact when an author alleges state infringement of that author’s federal copyright.
Petitioner Frederick Allen and his company, Nautilus Productions, contend that North Carolina violated their federal copyrights by publishing video and photographic footage that Allen had taken of the pirate Blackbeard’s sunken flagship, Queen Anne’s Revenge. Allen also challenges the validity of a recently passed North Carolina statute providing that photographs and video recordings of shipwrecks in the custody of North Carolina are public records. This law, he contends, was enacted in bad faith to undermine his copyright claim.
Allen and Nautilus sued North Carolina and various of its officials in federal district court. Although the district court rejected defendants’ invocation of sovereign immunity from suit, the U.S. Court of Appeals for the Fourth Circuit reversed that judgment, concluding that the Copyright Remedy Clarification Act does not validly abrogate Eleventh Amendment sovereign immunity, which ultimately shields respondents from all of Allen’s and Nautilus’s claims.
The U.S. Supreme Court subsequently granted certiorari to consider whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act in providing remedies for authors of original expression whose federal copyrights are infringed by states.
To discuss the case, in this special panel episode, we have Zvi Rosen, Visiting Scholar and Professorial Lecturer in Law, George Washington University School of Law, Prof. Josh Blackman, Associate Professor of Law, South Texas College of Law Houston, and our moderator, Kevin R. Amer, Deputy General Counsel at the U.S. Copyright Office.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Nov 22 2019 · 41mins
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SCOTUS Allen v. Cooper, Case No. 18-877

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Federalism: May Congress abrogated state sovereign immunity by providing remedies for authors of original expression whose federal copyrights are infringed by States? - Argued: Tue, 05 Nov 2019 15:1:8 EDT
Nov 09 2019 ·
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Allen v. Cooper

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A case in which the Court held that the Copyright Remedy Clarification Act was not a valid abrogation of state sovereign immunity to allow authors of original expression to sue states who infringe their federal copyrights.
Nov 05 2019 · 1hr
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Deep Dive 76 – State-Sponsored Piracy? The Allen v. Cooper Case

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What happens when a state agency uses without authorization copyrighted videos and pictures of Blackbeard’s famous pirate ship, the Queen Ann’s Revenge? Is this an act of state-sanctioned piracy for which the copyright owner can sue for the violation of his rights, or is the state immune from such a lawsuit under its inherent sovereign immunity? This is the question that the Supreme Court will answer in Allen v. Cooper, with oral arguments scheduled for November 5, 2019.

In this case, North Carolina argues that it is immune from any copyright infringement lawsuits given its state sovereign immunity under the 11th Amendment. Rick Allen maintains in his lawsuit that North Carolina is liable for its unauthorized use of his video footage and photographs of the Queen Ann’s Revenge given that Congress validly abrogated the state’s sovereign immunity in the Copyright Remedy Clarification Act (CRCA). In Allen v. Cooper, the Supreme Court will determine whether the CRCA was a valid statutory abrogation of North Carolina’s state sovereign immunity. In this live podcast, experts on varying sides of the issue will discuss the case and its impact on state officials and the use of copyrighted materials by state agencies and other institutions.

Featuring:
- Michael Bynum, Editor, Epic Sports
- Terry Hart, VP, Legal Policy and Copyright Counsel, Copyright Alliance
- Matthew R. McGuire, Counsel, Hunton Andrews Kurth

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
Oct 23 2019 · 58mins