The Supreme Court of the United States issued a unanimous decision invalidating the Copyright Remedy Clarification Act (CRCA), a 1990 statute intended to provide copyright owners with the power to sue a US state government for infringement, and held that states cannot be sued for copyright infringement. Allen v. Cooper, Case No. 18-877 (Supr. Ct. Mar. 23, 2020) (Kagan, Justice) (Thomas, Justice, concurring) (Breyer and Ginsburg, Justices, concurring). Background In 1996, marine salvage company Intersal discovered the wreck of the Queen Anne’s Revenge, the pirate ship of the infamous Blackbeard. Intersal was hired to recover the wreck by the state of North Carolina, which owned of the shipwreck. Intersal hired local videographer Frederick Allen to document the process, and Allen registered copyrights in a decade’s worth of videos and photos of the wreckage recovery. Allen first objected to the state of North Carolina’s use of his copyrighted content in 2013...

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