Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
States Win Some and Lose Some on Copyright Front at Supreme Court This Term
The Supreme Court decided two copyright cases this term, both involving states. In the first, Allen v. Cooper, 140 S.Ct. 994 (2020), the Court dealt the states a victory by holding that, despite an act of Congress to the contrary, states retain their sovereign immunity from copyright infringement actions — for now, anyway. In the second case, Georgia v. Public.Resource.Org, Inc., 140 S.Ct. 1498 (2020), the Court dealt states a loss by holding that the state of Georgia could not claim copyright ownership in statutory annotations it created. The Court thus expanded the rights of states as copyright infringers but restricts states' rights as copyright owners. This article discusses the cases and their likely impact on copyright law going forward.
In Allen, the Supreme Court followed its own precedent to hold that the Copyright Remedy and Clarification Act of 1990 (CRCA) failed to effectively deprive states of sovereign immunity in copyright infringement actions, punting to Congress to try again if it chooses. Unless and until Congress acts, states are therefore free to infringe copyrights with no threat of being held liable for copyright infringement.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.