The premise that copyright holders can sue those who infringe on their property seems like a fundamental truth of our legal system. If one person or entity uses another’s copyrighted material against their wishes, they can sue for possible damages and for an injunction to take it down. But what if the infringing party is not a regular entity, but a sovereign? If a State infringes on your copyright, does their sovereign immunity bar a suit? The Supreme Court is poised to decide later this year.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 1, 2020. The original post can be accessed via the Archived Link button above.
Cohen, Daniel, "Does Copyright Law Apply to States?: Analyzing Sovereign Immunity and Copyright Infringement" (2020). AELJ Blog. 234.