1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Piracy, Old and New: Copyright, State Sovereignty, and the Queen Annes Revenge October 23, 2019 If a state reproduces a copyrighted work without permission, can it be sued for copyright infringement? In 1
2、990, Congress expressed its view that the answer to this question should be “yes” by enacting the Copyright Remedy Clarification Act (CRCA). The CRCA, which is directed at remedying state copyright infringement, provides that any “State, and any state instrumentality, officer, or employee” shall be
3、liable for copyright infringement “in the same manner and to the same extent as any nongovernmental entity.” The CRCA further declares that states and their instrumentalities “shall not be immune, under the Eleventh Amendment of the Constitution of the United States or under any other doctrine of so
4、vereign immunity, from suit . . . for a violation of any the exclusive rights of a copyright owner.” Although the CRCA purports to abrogate state sovereignty immunity in copyright disputes, several lower courts have invalidated the statute as unconstitutional. In Allen v. Cooper, the Supreme Court i
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