Comments Submitted Pursuant to Sovereign Immunity Study: Notice and Request for Public Comment, 85 Fed. Reg. 34,252

September 2, 2020

File Downloads

All documents are in PDF format.

The American Intellectual Property Law Association (AIPLA) is pleased to offer comments in response to the above-referenced U.S. Copyright Office Notice and Request for Public Comment, in the wake of the U.S. Supreme Court’s ruling in Allen v. Cooper, 140 S.Ct. 994.

In 1990, Congress passed the Copyright Remedy Clarification Act (“CRCA”) to roll back state sovereign immunity for copyright infringement and promote fairness and uniformity in the law. On March 23, 2020, the U.S. Supreme Court found that the CRCA did not pass constitutional muster—either under Article I or the Fourteenth Amendment.

Even so, a majority of the Court provided guideposts for future legislation that, if adequately supported by a Congressional record detailing a pattern of unconstitutional infringement and the absence of adequate state law remedies, could achieve the CRCA’s intent as a valid exercise of Congressional power pursuant to the Fourteenth Amendment. AIPLA believes there is adequate evidence to support abrogation of state sovereign immunity and offers the following comments in support of legislation that can succeed where the CRCA failed.

Please click on the attached document for the full submission.

Current Status

Submitted September 2, 2020

Upcoming Events

  • 2024 AIPLA Virtual Corporate Practice Institute

    January 9 to 16, 2024   |   Up to 360 Minutes of CLE

    Tuesday, January 9, 12:00 Noon - 5:00 PM - and Tuesday, January 16, 12:00 Noon - 5:00 PM -- The Corporate Practice Institute is a virtual event will take place on the 2nd and 3rd Tuesday of January, and will consist of 60 minute Sessions with 30 minute breaks in between. Each evening will end with an online networking event. Program Coming soon! Special registration rates for in-house corporate practitioners.
  • 2024 Patent Prosecution Boot Camp - San Jose, CA

    February 7 to 9, 2024

    Register today and don't miss out! The Patent Prosecution Boot Camp is a comprehensive, CLE-accredited seminar that includes instructional lecture-style sessions with practical tips on U.S. and international patent preparation and prosecution, as well as hands-on interactive workshops that will walk you through drafting claims and responding to office actions.
  • 2024 Trade Secret Summit

    March 14 to 15, 2024

    Save the Date! Please join the AIPLA Trade Secret Committee for the 2024 Trade Secret Summit, which is being held March 14-15, 2024 in Santa Clara, California. The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities. Registration and Venue Information Coming Soon!