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In August of 2019 the National Press Photographers Association and the American Society of Media Photographers filed an amicus brief in support of Jim Olive in University of Houston System vs. Jim Olive Photography, D/B/A Photolive, Inc. The brief was joined by the [[North American Nature Photography Association]], [[Graphic Artists Guild]], American Photographic Artists, and [[Professional Photographers of America]]. "The case began when Texas photographer Jim Olive discovered that the University of Houston was using one of his aerial photographs for marketing purposes without permission. When Olive asked the University to pay for the use, they refused and told him they were shielded from suit because of sovereign immunity, which protects state government entities from many lawsuits."<ref>{{cite web |last1=Mickey Osterreicher |first1=Alicia Calzada |title=Texas Appellate Court holds that government piracy of copyrighted work is not a takings |url=https://nppa.org/news/texas-appellate-court-holds-government-piracy-copyrighted-work-not-takings |website=NPPA |publisher=National Press Photographers Association |accessdate=18 November 2019}}</ref> After a negative ruling from a Texas appellate court Olive hopes to continue his fight.<ref>{{cite web |title=University of Houston System v. Jim Olive Photography |url=https://copyrightalliance.org/copyright-law/copyright-cases/university-of-houston-system-v-jim-olive-photography/ |website=Copyright Alliance |accessdate=18 November 2019}}</ref><ref>{{cite news |last1=Edwards |first1=Jenny |title=Fstoppers Interviews Jim Olive, the Texas Photographer Whose Copyrighted Image was Stolen by the University of Houston |url=https://fstoppers.com/originals/fstoppers-interviews-jim-olive-texas-photographer-whose-copyrighted-image-was-382353 |accessdate=18 November 2019 |publisher=Fstoppers |date=18 June 2019}}</ref><ref>{{cite news |last1=Sixel |first1=L.M. |title=Texas court says photographer has no recourse against university copyright infringement |url=https://www.chron.com/business/article/Texas-court-says-photographer-has-no-recourse-13973674.php |accessdate=18 November 2019 |newspaper=Houston Chronicle |date=14 June 2019}}</ref>
In August of 2019 the National Press Photographers Association and the American Society of Media Photographers filed an amicus brief in support of Jim Olive in University of Houston System vs. Jim Olive Photography, D/B/A Photolive, Inc. The brief was joined by the [[North American Nature Photography Association]], [[Graphic Artists Guild]], American Photographic Artists, and [[Professional Photographers of America]]. "The case began when Texas photographer Jim Olive discovered that the University of Houston was using one of his aerial photographs for marketing purposes without permission. When Olive asked the University to pay for the use, they refused and told him they were shielded from suit because of sovereign immunity, which protects state government entities from many lawsuits."<ref>{{cite web |last1=Mickey Osterreicher |first1=Alicia Calzada |title=Texas Appellate Court holds that government piracy of copyrighted work is not a takings |url=https://nppa.org/news/texas-appellate-court-holds-government-piracy-copyrighted-work-not-takings |website=NPPA |publisher=National Press Photographers Association |accessdate=18 November 2019}}</ref> After a negative ruling from a Texas appellate court Olive hopes to continue his fight.<ref>{{cite web |title=University of Houston System v. Jim Olive Photography |url=https://copyrightalliance.org/copyright-law/copyright-cases/university-of-houston-system-v-jim-olive-photography/ |website=Copyright Alliance |accessdate=18 November 2019}}</ref><ref>{{cite news |last1=Edwards |first1=Jenny |title=Fstoppers Interviews Jim Olive, the Texas Photographer Whose Copyrighted Image was Stolen by the University of Houston |url=https://fstoppers.com/originals/fstoppers-interviews-jim-olive-texas-photographer-whose-copyrighted-image-was-382353 |accessdate=18 November 2019 |publisher=Fstoppers |date=18 June 2019}}</ref><ref>{{cite news |last1=Sixel |first1=L.M. |title=Texas court says photographer has no recourse against university copyright infringement |url=https://www.chron.com/business/article/Texas-court-says-photographer-has-no-recourse-13973674.php |accessdate=18 November 2019 |newspaper=Houston Chronicle |date=14 June 2019}}</ref>


In 2019 the [[Supreme Court of the United States]] granted certiorari in [[Allen v. Cooper]], raising the question of whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act ([[CRCA]]) in providing remedies for authors of original expression whose federal copyrights are infringed by states.<ref>{{Cite web | url=https://www.scotusblog.com/case-files/cases/allen-v-cooper/ |title = Allen v. Cooper}}</ref><ref>{{cite web |title=No. 18-877 |url=https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-877.html |website=Supreme Court of the United States |publisher=Supreme Court of the United States |accessdate=25 July 2019}}</ref><ref>{{cite news |last1=Liptak |first1=Adam |title=Blackbeard's Ship Heads to Supreme Court in a Battle Over Another Sort of Piracy |url=https://www.nytimes.com/2019/09/02/us/politics/supreme-court-blackbeard-piracy.html |accessdate=20 October 2019 |newspaper=New York Times |date=2 September 2019}}</ref><ref>{{cite magazine |last1=Gardner |first1=Eriq |title=Supreme Court Wrestles With Consequences for Piracy by State Governments |url=https://www.hollywoodreporter.com/thr-esq/supreme-court-wrestles-consequences-piracy-by-state-governments-1252437 |accessdate=16 November 2019 |magazine=Hollywood Reporter |date=5 November 2019}}</ref> In 2015, the state government of North Carolina uploaded videos of the wreck of the ''Queen Anne's Revenge'' to its website without permission. As a result Nautilus Productions, the company documenting the recovery since 1998, filed suit in federal court over [[copyright]] violations and the passage of "Blackbeard's Law" by the North Carolina legislature.<ref>{{cite web |title=Allen v Cooper, et al. |url=https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-877.html |website=Supreme Court of the United States |publisher=Supreme Court of the United States|accessdate=22 June 2019}}</ref><ref>{{cite news |last1=Gresko |first1=Jessica |title=High court will hear copyright dispute involving pirate ship |url=https://www.apnews.com/bc8c92c2c8b449158537c356a44cf757 |accessdate=22 June 2019 |publisher=Associated Press |date=3 June 2019}}</ref><ref>{{cite news |last1=Wolverton |first1=Paul |title=Pirate ship lawsuit from Fayetteville goes to Supreme Court on Tuesday |url=https://www.fayobserver.com/news/20191102/pirate-ship-lawsuit-from-fayetteville-goes-to-supreme-court-on-tuesday |accessdate=2 November 2019 |publisher=Fayetteville Observer |date=2 November 2019}}</ref> Before posting the videos the North Carolina Legislature passed "Blackbeard's Law", N.C. Gen Stat §121-25(b), which stated, "All photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic materials in the custody of any agency of North Carolina government or its subdivisions shall be a public record pursuant to Chapter 132 of the General Statutes."<ref>{{Cite web | url=https://www.scotusblog.com/case-files/cases/allen-v-cooper/ |title = Allen v. Cooper}}</ref><ref>{{cite web |title=No. 18-877 |url=https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-877.html |website=Supreme Court of the United States |publisher=Supreme Court of the United States |accessdate=25 July 2019}}</ref><ref>{{cite news |last1=Liptak |first1=Adam |title=Blackbeard's Ship Heads to Supreme Court in a Battle Over Another Sort of Piracy |url=https://www.nytimes.com/2019/09/02/us/politics/supreme-court-blackbeard-piracy.html |accessdate=20 October 2019 |work=New York Times |date=2 September 2019}}</ref><ref>{{cite news |last1=Gardner |first1=Eriq |title=Supreme Court Wrestles With Consequences for Piracy by State Governments |url=https://www.hollywoodreporter.com/thr-esq/supreme-court-wrestles-consequences-piracy-by-state-governments-1252437 |accessdate=16 November 2019 |publisher=Hollywood Reporter |date=5 November 2019}}</ref> Thirteen amici including; the [[United States Chamber of Commerce]], the [[Recording Industry Association of America]], the [[Copyright Alliance]], the [[Software and Information Industry Association]] and the National Press Photographers Association, filed briefs in support of Allen.<ref>{{cite web |title=Allen v. Cooper |url=https://copyrightalliance.org/copyright-law/copyright-cases/allen-v-cooper/ |website=Copyright Alliance |accessdate=18 November 2019}}</ref><ref>{{cite web |title=NPPA, ASMP asks SCOTUS for protection of copyright infringement by states |url=https://nppa.org/news/nppa-asmp-asks-scotus-protection-copyright-infringement-states |website=NPPA |accessdate=18 November 2019}}</ref><ref>{{cite web |title=Allen v. Cooper |url=https://www.chamberlitigation.com/cases/allen-v-cooper |website=U.S. Chamber Litigation Center |accessdate=18 November 2019}}</ref> Those briefs proposed various doctrines under which the CRCA could validly abrogate sovereign immunity and variously re-asserted and supported the reasons why Congress examined and enacted CRCA, claiming that Congress was fair in finding that states had abused immunity and that an alternative remedy was needed.<ref>{{cite web |last1=Kass |first1=Dani |title=Copyright Cavalry Supports Pirate Ship Photog At High Court |url=https://www.theusconstitution.org/news/copyright-cavalry-supports-pirate-ship-photog-at-high-court/ |website=Constitutional Accountability Center |accessdate=17 November 2019}}</ref> OOn November 5, 2019 the United States Supreme Court heard oral arguments in ''Allen v. Cooper''.<ref>{{cite news |last1=Murphy |first1=Brian |title=How Blackbeard's ship and a diver with an 'iron hand' ended up at the Supreme Court |url=https://www.newsobserver.com/news/politics-government/article237019034.html |accessdate=16 November 2019 |publisher=Charlotte Observer |date=5 November 2019}}</ref><ref>{{cite news |last1=Wolf |first1=Richard |title=Aarrr, matey! Supreme Court justices frown on state's public display of pirate ship's salvage operation |url=https://www.usatoday.com/story/news/politics/2019/11/05/legendary-pirate-blackbeards-shipwreck-sails-supreme-court/4166346002/ |accessdate=27 December 2019 |publisher=USA Today |date=5 November 2019}}</ref><ref>{{cite news |last1=Livni |first1=Ephrat |title=A Supreme Court piracy case involving Blackbeard proves truth is stranger than fiction |url=https://qz.com/1742690/scotus-piracy-case-involving-blackbeard-is-stranger-than-fiction/ |accessdate=27 December 2019 |publisher=Quartz |date=5 November 2019}}</ref><ref>{{cite news |last1=Woolverton |first1=Paul |title=Supreme Court justices skeptical in Blackbeard pirate ship case from Fayetteville |url=https://www.fayobserver.com/news/20191105/supreme-court-justices-skeptical-in-blackbeard-pirate-ship-case-from-fayetteville |accessdate=27 December 2019 |publisher=Fayetteville Observer |date=5 November 2019}}</ref> On March 23, 2020, the [[Supreme Court of the United States]] issued an opinion in ''Allen v. Cooper'', holding that Congress had no Constitutional authority to abrogate state sovereign immunity via the Copyright Remedy Clarification Act. In other words, the CRCA is unconstitutional. Congress failed to provide evidence to support the need to abrogate sovereign immunity.
In 2019 the [[Supreme Court of the United States]] granted certiorari in [[Allen v. Cooper]], raising the question of whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act ([[CRCA]]) in providing remedies for authors of original expression whose federal copyrights are infringed by states.<ref>{{Cite web | url=https://www.scotusblog.com/case-files/cases/allen-v-cooper/ |title = Allen v. Cooper}}</ref><ref>{{cite web |title=No. 18-877 |url=https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-877.html |website=Supreme Court of the United States |publisher=Supreme Court of the United States |accessdate=25 July 2019}}</ref><ref>{{cite news |last1=Liptak |first1=Adam |title=Blackbeard's Ship Heads to Supreme Court in a Battle Over Another Sort of Piracy |url=https://www.nytimes.com/2019/09/02/us/politics/supreme-court-blackbeard-piracy.html |accessdate=20 October 2019 |newspaper=New York Times |date=2 September 2019}}</ref><ref>{{cite magazine |last1=Gardner |first1=Eriq |title=Supreme Court Wrestles With Consequences for Piracy by State Governments |url=https://www.hollywoodreporter.com/thr-esq/supreme-court-wrestles-consequences-piracy-by-state-governments-1252437 |accessdate=16 November 2019 |magazine=Hollywood Reporter |date=5 November 2019}}</ref> In 2015, the state government of North Carolina uploaded videos of the wreck of the ''Queen Anne's Revenge'' to its website without permission. As a result Nautilus Productions, the company documenting the recovery since 1998, filed suit in federal court over [[copyright]] violations and the passage of "Blackbeard's Law" by the North Carolina legislature.<ref>{{cite web |title=Allen v Cooper, et al. |url=https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-877.html |website=Supreme Court of the United States |publisher=Supreme Court of the United States|accessdate=22 June 2019}}</ref><ref>{{cite news |last1=Gresko |first1=Jessica |title=High court will hear copyright dispute involving pirate ship |url=https://www.apnews.com/bc8c92c2c8b449158537c356a44cf757 |accessdate=22 June 2019 |publisher=Associated Press |date=3 June 2019}}</ref><ref>{{cite news |last1=Wolverton |first1=Paul |title=Pirate ship lawsuit from Fayetteville goes to Supreme Court on Tuesday |url=https://www.fayobserver.com/news/20191102/pirate-ship-lawsuit-from-fayetteville-goes-to-supreme-court-on-tuesday |accessdate=2 November 2019 |publisher=Fayetteville Observer |date=2 November 2019}}</ref> Before posting the videos the North Carolina Legislature passed "Blackbeard's Law", N.C. Gen Stat §121-25(b), which stated, "All photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic materials in the custody of any agency of North Carolina government or its subdivisions shall be a public record pursuant to Chapter 132 of the General Statutes."<ref>{{Cite web | url=https://www.scotusblog.com/case-files/cases/allen-v-cooper/ |title = Allen v. Cooper}}</ref><ref>{{cite web |title=No. 18-877 |url=https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-877.html |website=Supreme Court of the United States |publisher=Supreme Court of the United States |accessdate=25 July 2019}}</ref><ref>{{cite news |last1=Liptak |first1=Adam |title=Blackbeard's Ship Heads to Supreme Court in a Battle Over Another Sort of Piracy |url=https://www.nytimes.com/2019/09/02/us/politics/supreme-court-blackbeard-piracy.html |accessdate=20 October 2019 |work=New York Times |date=2 September 2019}}</ref><ref>{{cite news |last1=Gardner |first1=Eriq |title=Supreme Court Wrestles With Consequences for Piracy by State Governments |url=https://www.hollywoodreporter.com/thr-esq/supreme-court-wrestles-consequences-piracy-by-state-governments-1252437 |accessdate=16 November 2019 |publisher=Hollywood Reporter |date=5 November 2019}}</ref> Thirteen amici including; the [[United States Chamber of Commerce]], the [[Recording Industry Association of America]], the [[Copyright Alliance]], the [[Software and Information Industry Association]] and the National Press Photographers Association, filed briefs in support of Allen.<ref>{{cite web |title=Allen v. Cooper |url=https://copyrightalliance.org/copyright-law/copyright-cases/allen-v-cooper/ |website=Copyright Alliance |accessdate=18 November 2019}}</ref><ref>{{cite web |title=NPPA, ASMP asks SCOTUS for protection of copyright infringement by states |url=https://nppa.org/news/nppa-asmp-asks-scotus-protection-copyright-infringement-states |website=NPPA |accessdate=18 November 2019}}</ref><ref>{{cite web |title=Allen v. Cooper |url=https://www.chamberlitigation.com/cases/allen-v-cooper |website=U.S. Chamber Litigation Center |accessdate=18 November 2019}}</ref> Those briefs proposed various doctrines under which the CRCA could validly abrogate sovereign immunity and variously re-asserted and supported the reasons why Congress examined and enacted CRCA, claiming that Congress was fair in finding that states had abused immunity and that an alternative remedy was needed.<ref>{{cite web |last1=Kass |first1=Dani |title=Copyright Cavalry Supports Pirate Ship Photog At High Court |url=https://www.theusconstitution.org/news/copyright-cavalry-supports-pirate-ship-photog-at-high-court/ |website=Constitutional Accountability Center |accessdate=17 November 2019}}</ref> On November 5, 2019 the United States Supreme Court heard oral arguments in ''Allen v. Cooper''.<ref>{{cite news |last1=Murphy |first1=Brian |title=How Blackbeard's ship and a diver with an 'iron hand' ended up at the Supreme Court |url=https://www.newsobserver.com/news/politics-government/article237019034.html |accessdate=16 November 2019 |publisher=Charlotte Observer |date=5 November 2019}}</ref><ref>{{cite news |last1=Wolf |first1=Richard |title=Aarrr, matey! Supreme Court justices frown on state's public display of pirate ship's salvage operation |url=https://www.usatoday.com/story/news/politics/2019/11/05/legendary-pirate-blackbeards-shipwreck-sails-supreme-court/4166346002/ |accessdate=27 December 2019 |publisher=USA Today |date=5 November 2019}}</ref><ref>{{cite news |last1=Livni |first1=Ephrat |title=A Supreme Court piracy case involving Blackbeard proves truth is stranger than fiction |url=https://qz.com/1742690/scotus-piracy-case-involving-blackbeard-is-stranger-than-fiction/ |accessdate=27 December 2019 |publisher=Quartz |date=5 November 2019}}</ref><ref>{{cite news |last1=Woolverton |first1=Paul |title=Supreme Court justices skeptical in Blackbeard pirate ship case from Fayetteville |url=https://www.fayobserver.com/news/20191105/supreme-court-justices-skeptical-in-blackbeard-pirate-ship-case-from-fayetteville |accessdate=27 December 2019 |publisher=Fayetteville Observer |date=5 November 2019}}</ref> On March 23, 2020, the [[Supreme Court of the United States]] issued an opinion in ''Allen v. Cooper'', holding that Congress had no Constitutional authority to abrogate state sovereign immunity via the Copyright Remedy Clarification Act. In other words, the CRCA is unconstitutional. Congress failed to provide evidence to support the need to abrogate sovereign immunity.


Following the ruling, Senators Thom Tillis (R-North Carolina) and Patrick Leahy (D-Vermont), of the intellectual property subcommittee on the Senate Judiciary Committee, sent letters to the U.S. Copyright Office and the U.S. Patent and Trademark Office requesting a study detailing copyright infringements by state governments.<ref>{{cite news |last1=Gardner |first1=Eriq |title=Senators Ask U.S. Copyright, Patent Offices to Study Infringement by States |url=https://www.hollywoodreporter.com/thr-esq/senators-ask-us-copyright-patent-offices-study-infringement-by-states-1292382 |accessdate=15 June 2020 |publisher=Hollywood Reporter |date=29 April 2020}}</ref> The United States Copyright Office gave intellectual property owners suffering infringement by state entities until August 3, 2020 to publicly comment as part of this inquiry.<ref>{{cite web |title=State Sovereign Immunity Study |url=https://www.copyright.gov/policy/state-sovereign-immunity/ |website=Copyright.gov |publisher=U.S. Copyright Office |accessdate=15 June 2020}}</ref> In September of 2020 the U.S. Copyright Office began publishing those comments which reflect hundreds of copyright violations by state entities. <ref>{{cite web |title=Sovereign Immunity Study |url=https://beta.regulations.gov/document/COLC-2020-0009-0001/comment |website=Regulations.gov |accessdate=15 October 2020}}</ref><ref>{{cite web |last1=Madigan |first1=Kevin |title=Copyright Alliance Survey Reveals Growing Threat of State Infringement |url=https://copyrightalliance.org/ca_post/copyright-alliance-survey-reveals-growing-threat-of-state-infringement/ |website=Copyright Alliance |accessdate=15 October 2020}}</ref>
Following the ruling, Senators Thom Tillis (R-North Carolina) and Patrick Leahy (D-Vermont), of the intellectual property subcommittee on the Senate Judiciary Committee, sent letters to the U.S. Copyright Office and the U.S. Patent and Trademark Office requesting a study detailing copyright infringements by state governments.<ref>{{cite news |last1=Gardner |first1=Eriq |title=Senators Ask U.S. Copyright, Patent Offices to Study Infringement by States |url=https://www.hollywoodreporter.com/thr-esq/senators-ask-us-copyright-patent-offices-study-infringement-by-states-1292382 |accessdate=15 June 2020 |publisher=Hollywood Reporter |date=29 April 2020}}</ref> The United States Copyright Office gave intellectual property owners suffering infringement by state entities until August 3, 2020 to publicly comment as part of this inquiry.<ref>{{cite web |title=State Sovereign Immunity Study |url=https://www.copyright.gov/policy/state-sovereign-immunity/ |website=Copyright.gov |publisher=U.S. Copyright Office |accessdate=15 June 2020}}</ref> In September of 2020 the U.S. Copyright Office began publishing those comments which reflect hundreds of copyright violations by state entities. <ref>{{cite web |title=Sovereign Immunity Study |url=https://beta.regulations.gov/document/COLC-2020-0009-0001/comment |website=Regulations.gov |accessdate=15 October 2020}}</ref><ref>{{cite web |last1=Madigan |first1=Kevin |title=Copyright Alliance Survey Reveals Growing Threat of State Infringement |url=https://copyrightalliance.org/ca_post/copyright-alliance-survey-reveals-growing-threat-of-state-infringement/ |website=Copyright Alliance |accessdate=15 October 2020}}</ref>

Revision as of 21:35, 18 November 2020

National Press Photopraghers Association
AbbreviationNPPA
Formation1946
United States
Location
Websitenppa.org

The National Press Photographers Association (NPPA) is an American professional association made up of still photographers, television videographers, editors, and students in the journalism field. Founded in 1946, the organization is based in at the Grady College of Journalism and Mass Communication at the University of Georgia. The NPPA places emphasis on photojournalism, or journalism that presents a story through the use of photographs or moving pictures. The NPPA holds annual competitions as well as several quarterly contests, seminars, and workshops designed to stimulate personal growth in its members. It utilizes a mentor program which offers its members the opportunity to establish a relationship with a veteran NPPA member and learn from them. The organization also offers a critique service, a job bank, an online discussion board, and various member benefits.

Their members include still and television photographers, editors, students and representatives of businesses that serve the photojournalism industry. As of 2017, NPPA had total membership at just over 6,000.

Members of NPPA abide by a strict code of ethics.[1]

Incorporation

NPPA was incorporated on October 3, 1947. The original certificate of incorporation outlined six key objectives.[citation needed]

  1. To advance press photography in all its branches
  2. To promote the general welfare and conditions in the press photography field
  3. To create, promote, and maintain cordial relations and cooperation, a higher spirit of fraternalism, the interchange of thought and opinion freely, and a high standard of conduct among its members
  4. To distribute and disseminate accurate information in regard to matters pertaining to the photographic press of the nation
  5. To settle equitably and justify the differences between its members
  6. To preserve, stabilize, unify, and coordinate all elements of the photographic press of the nation

The NPPA is a 501(c)(6) organization.[2]

Notable past members

  • James Atherton, veteran news photographer who caught iconic moments through a lens in Washington D.C. for over forty years
  • Marion Carpenter, first female National Press Photographer to cover Washington, D.C., the White House and travel with a U.S. President

Advocacy

In August of 2019 the National Press Photographers Association and the American Society of Media Photographers filed an amicus brief in support of Jim Olive in University of Houston System vs. Jim Olive Photography, D/B/A Photolive, Inc. The brief was joined by the North American Nature Photography Association, Graphic Artists Guild, American Photographic Artists, and Professional Photographers of America. "The case began when Texas photographer Jim Olive discovered that the University of Houston was using one of his aerial photographs for marketing purposes without permission. When Olive asked the University to pay for the use, they refused and told him they were shielded from suit because of sovereign immunity, which protects state government entities from many lawsuits."[3] After a negative ruling from a Texas appellate court Olive hopes to continue his fight.[4][5][6]

In 2019 the Supreme Court of the United States granted certiorari in Allen v. Cooper, raising the question of whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act (CRCA) in providing remedies for authors of original expression whose federal copyrights are infringed by states.[7][8][9][10] In 2015, the state government of North Carolina uploaded videos of the wreck of the Queen Anne's Revenge to its website without permission. As a result Nautilus Productions, the company documenting the recovery since 1998, filed suit in federal court over copyright violations and the passage of "Blackbeard's Law" by the North Carolina legislature.[11][12][13] Before posting the videos the North Carolina Legislature passed "Blackbeard's Law", N.C. Gen Stat §121-25(b), which stated, "All photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic materials in the custody of any agency of North Carolina government or its subdivisions shall be a public record pursuant to Chapter 132 of the General Statutes."[14][15][16][17] Thirteen amici including; the United States Chamber of Commerce, the Recording Industry Association of America, the Copyright Alliance, the Software and Information Industry Association and the National Press Photographers Association, filed briefs in support of Allen.[18][19][20] Those briefs proposed various doctrines under which the CRCA could validly abrogate sovereign immunity and variously re-asserted and supported the reasons why Congress examined and enacted CRCA, claiming that Congress was fair in finding that states had abused immunity and that an alternative remedy was needed.[21] On November 5, 2019 the United States Supreme Court heard oral arguments in Allen v. Cooper.[22][23][24][25] On March 23, 2020, the Supreme Court of the United States issued an opinion in Allen v. Cooper, holding that Congress had no Constitutional authority to abrogate state sovereign immunity via the Copyright Remedy Clarification Act. In other words, the CRCA is unconstitutional. Congress failed to provide evidence to support the need to abrogate sovereign immunity.

Following the ruling, Senators Thom Tillis (R-North Carolina) and Patrick Leahy (D-Vermont), of the intellectual property subcommittee on the Senate Judiciary Committee, sent letters to the U.S. Copyright Office and the U.S. Patent and Trademark Office requesting a study detailing copyright infringements by state governments.[26] The United States Copyright Office gave intellectual property owners suffering infringement by state entities until August 3, 2020 to publicly comment as part of this inquiry.[27] In September of 2020 the U.S. Copyright Office began publishing those comments which reflect hundreds of copyright violations by state entities. [28][29]

References

  1. ^ "NPPA Code of Ethics". National Press Photographers Association. Retrieved 4 Jul 2015.
  2. ^ "501(c)(6) certification letter" (Document). IRS. {{cite document}}: Unknown parameter |accessdate= ignored (help); Unknown parameter |url= ignored (help)
  3. ^ Mickey Osterreicher, Alicia Calzada. "Texas Appellate Court holds that government piracy of copyrighted work is not a takings". NPPA. National Press Photographers Association. Retrieved 18 November 2019.
  4. ^ "University of Houston System v. Jim Olive Photography". Copyright Alliance. Retrieved 18 November 2019.
  5. ^ Edwards, Jenny (18 June 2019). "Fstoppers Interviews Jim Olive, the Texas Photographer Whose Copyrighted Image was Stolen by the University of Houston". Fstoppers. Retrieved 18 November 2019.
  6. ^ Sixel, L.M. (14 June 2019). "Texas court says photographer has no recourse against university copyright infringement". Houston Chronicle. Retrieved 18 November 2019.
  7. ^ "Allen v. Cooper".
  8. ^ "No. 18-877". Supreme Court of the United States. Supreme Court of the United States. Retrieved 25 July 2019.
  9. ^ Liptak, Adam (2 September 2019). "Blackbeard's Ship Heads to Supreme Court in a Battle Over Another Sort of Piracy". New York Times. Retrieved 20 October 2019.
  10. ^ Gardner, Eriq (5 November 2019). "Supreme Court Wrestles With Consequences for Piracy by State Governments". Hollywood Reporter. Retrieved 16 November 2019.
  11. ^ "Allen v Cooper, et al". Supreme Court of the United States. Supreme Court of the United States. Retrieved 22 June 2019.
  12. ^ Gresko, Jessica (3 June 2019). "High court will hear copyright dispute involving pirate ship". Associated Press. Retrieved 22 June 2019.
  13. ^ Wolverton, Paul (2 November 2019). "Pirate ship lawsuit from Fayetteville goes to Supreme Court on Tuesday". Fayetteville Observer. Retrieved 2 November 2019.
  14. ^ "Allen v. Cooper".
  15. ^ "No. 18-877". Supreme Court of the United States. Supreme Court of the United States. Retrieved 25 July 2019.
  16. ^ Liptak, Adam (2 September 2019). "Blackbeard's Ship Heads to Supreme Court in a Battle Over Another Sort of Piracy". New York Times. Retrieved 20 October 2019.
  17. ^ Gardner, Eriq (5 November 2019). "Supreme Court Wrestles With Consequences for Piracy by State Governments". Hollywood Reporter. Retrieved 16 November 2019.
  18. ^ "Allen v. Cooper". Copyright Alliance. Retrieved 18 November 2019.
  19. ^ "NPPA, ASMP asks SCOTUS for protection of copyright infringement by states". NPPA. Retrieved 18 November 2019.
  20. ^ "Allen v. Cooper". U.S. Chamber Litigation Center. Retrieved 18 November 2019.
  21. ^ Kass, Dani. "Copyright Cavalry Supports Pirate Ship Photog At High Court". Constitutional Accountability Center. Retrieved 17 November 2019.
  22. ^ Murphy, Brian (5 November 2019). "How Blackbeard's ship and a diver with an 'iron hand' ended up at the Supreme Court". Charlotte Observer. Retrieved 16 November 2019.
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