Skip to main content
Stop the States' Copyright Plunder

Stop the States' Copyright Plunder

Adam Mossoff

If you took a photo and Harvard put it on its website without permission, you could sue the university for copyright infringement and win. Not if the University of Texas did the same thing. The Supreme Court has a chance to end the double standard that allows state institutions to run roughshod over copyrights, the legal fountainhead of American creativity.

On Tuesday the justices hear oral arguments in Allen v. Cooper. Videographer Frederick Allen documented the excavation of Blackbeard’s famous pirate ship, the Queen Anne’s Revenge. The 1718 shipwreck was discovered off the North Carolina coast in 1996.

Blackbeard isn’t the only pirate in this tale. The North Carolina Department of Natural and Cultural Resources published Mr. Allen’s works on its website despite signing an agreement recognizing him as the copyright holder. So he sued the state for infringement. The trial court allowed the suit to go forward, but the Fourth U.S. Circuit Court of Appeals threw out Mr. Allen’s case, holding that states can’t be sued for copyright infringement because of their sovereign immunity under the 11th Amendment.

Read full article in Wall Street Journal

Related Articles

How America Can Win the Race to 5G — For All

Robert M. McDowell

Today, many Americans in big cities and rural areas remain, technologically speaking, generations behind. 5G for a few isn’t the answer. ...

Continue Reading

The Realignment - Ep. 13: Senator Josh Hawley

Saagar Enjeti & Marshall Kosloff

Marshall and Saagar travel to Capitol Hill to interview Missouri Senator Josh Hawley about the dramatic political, economic, and technological changes...

Listen Now

Why Facebook Is the Best Hope for Cryptocurrency’s Future

Arthur Herman

It would be a travesty if China, which has entered the fray, became the world’s leader in this global economic development. ...

Continue Reading