High Court Is Asked To Revive Copyright Suit Against NC

Law360 (January 7, 2019, 5:43 PM EST) -- A videographer is asking the U.S. Supreme Court to allow him to sue the state of North Carolina for using his copyrighted footage of a pirate shipwreck without permission, aiming to revive an obscure federal law that has repeatedly been ruled unconstitutional.

In a petition filed Friday, Frederick Allen asked the justices to overturn a ruling last year that held the Copyright Remedy Clarification Act — which allows copyright owners to sue states for infringement — was unconstitutional.

The ruling, which said Congress did not have the authority to revoke the sovereign immunity granted to states under the Eleventh Amendment, was...

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