While the Supreme Court of the
United States (SCOTUS) is on its summer recess,
IPKat looks closer at the copyright cases that await it in the next term.
Cases on the Merits
U. S. Supreme Court |
In Allen v. Cooper, SOTUS will consider whether
Congress, when it enacted the Copyright Remedy Clarification Act (CRCA), had the power to repeal a state’s sovereign
immunity from suit for copyright infringement.
The dispute arose from the discovery of Blackbeard’s
flagship, Queen Anne’s Revenge, which ran ashore at Beaufort, North Carolina in
1718. The shipwreck was discovered in November 1996 by Intersal, a private
research and salvage company, which subsequently engaged Nautilus Productions
to take pictures and videos of the ship. Nautilus filmed the shipwreck for
nearly two decades. A well, it registered copyright for the resulting videos
and still images.
The State of North Carolina and
its Department of Natural and Cultural Resources (DNCR) copied and publicly
displayed Nautilus’s works without authorisation, this by uploading and posting them online. The parties
reached a settlement agreement. However, the state nevertheless resumed its
infringing activity in both online and print formats, claiming that it is
insulated from liability because of the
so-called “Blackbeard’s Law”, which effectively converted Nautilus’s works into
“public record” materials that can be freely used by the state, thereby
depriving the copyright holder of any remedy.
Nautilus sued the state in the
U.S. District Court for the Eastern District of North Carolina; in turn, the
state sought to dismiss the copyright claim on the ground
that the state sovereign immunity provisions of the 11th Amendment shield it from suit in federal court. The district court
denied the state’s motion, holding that the CRCA abrogated the state’s
sovereign immunity from suit.
The U.S. Court of Appeals for the
Fourth Circuit unanimously reversed the district court’s ruling (here),
concluding that “Nautilus’s copyright claims against the North Carolina
officials in their individual capacities are precluded by qualified immunity
[…] [and] that
legislative immunity shields the North Carolina officials in their individual
capacities for their alleged involvement in the enactment of [“Blackbeard’s
Law”]”.
Nautilus filed a petition for certiorari with SCOTUS, which was granted. The case is set for argument on the 15th
of November.
[See here for Steven
Seidenberg’s analysis of this case and of other judicial interpretations of the
state sovereign immunity as it relates to intellectual property rights.]
In Georgia v. Public.Resource.Org Inc., SCOTUS
has granted certiorari regarding whether the ‘government
edicts’ doctrine, whereby certain works ,
such as judicial decisions and statutes, having the force of law, are excluded from copyright protection. SCOTUS
has not addressed this issue since creating the doctrine in the 1800s.
In its petition, the State of Georgia asked to review
the decision
of the U.S. Court of Appeals for the Eleventh Circuit,
which held that no valid copyright can
subsist in annotations consisting of materials such as summaries of judicial decisions and state
Attorney General opinions, as they appear in the Official Code of Georgia
Annotated (OCGA). Georgia had contracted a private party, the LexisNexis Group to
provide annotations to the statutory law, and claimed copyright ownership in the
resulting OCGA. However, the Georgia General Assembly “has stamped them
“official”, choosing to make them an integral part of the official codification of
Georgia’s laws” by creating a single
unified edict which, in the court’s
opinion, “is attributable to the conclusive authorship of the People”.
The opposing party is Public.Resource.Org
Inc. (PRO), a non-profit organisation, which purchased all the current
volumes of the print version of the OCGA.
It then scanned and uploaded them to its website to be freely available to the
public. The respondent highlights
a twofold issue at stake:
Our copyright system’s twin goals are to promote creation of useful works and their dissemination to a wide audience. But the courts have long ruled that governments need no incentive to create the law. In issuing edicts of government, officials act as agents of the People, in whose name the edicts are issued.
The parties will now each file its respective brief on the merits.
Call for the view of
the Solicitor General
The much-awaited Google
LLC v. Oracle America Inc. case has now been referred to the
Solicitor General to file a brief in this case, expressing the views of the United States. The
questions presented are: (1) whether copyright protection extends to a software
interface; and (2) whether, as the jury found, the petitioner’s use of a
software interface in the context of creating a new computer program
constitutes fair use.
See IPKat’s post here
for more insights of this case.
Petition
The most recent petition
that still awaits a decision on whether to grant certiorari has been filed in a
case between VHT Inc. and Zillow Group. SCOTUS is asked to clarify a
‘volitional conduct’ requirement in making a determination whether a party may
be held liable for direct copyright infringement.
Image credits: supremecourt.gov
Copyright law issues on U.S. Supreme Court’s next term agenda
Reviewed by Ieva Giedrimaite
on
Tuesday, August 20, 2019
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