About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

69 Buff. L. Rev. 485 (2021)
Modify State "Piracy" after Allen: Introducing Apology to the U.S. Copyright Regime

handle is hein.journals/buflr69 and id is 501 raw text is: Buffalo Law Review VOLUME 69 APRIL 2021 NUMBER 2 Modify State Piracy After Allen: Introducing Apology to the U.S. Copyright Regime RUNHUA WANGt ABSTRACT Copyright protection from state offenders is onerous because of the imbalanced bargaining power between states and authors, which is increased by the U.S. Supreme Court decision in Allen v. Cooper. This decision clarifies that state sovereign immunity is not abrogated by the Copyright Remedy Clarification Act of 1990 (CRCA). It secures states' constitutional rights, the public interest, and the efficiency of copyright infringement litigations against states. However, a paradox of this decision is that it may harm innovation incentives or spirits of creativity due to the increased imbalanced bargaining power to prevent authors from being repaired for their economic or non-economic losses. This Article reviews the law and psychology literature and proposes to adopt compelled and voluntary state t Associate Professor of Law, the University of Science and Technology Beijing; J.S.D., the University of Illinois College of Law. The author appreciates Professor Jennifer K. Robbennolt for the motivation and the early-stage advice received from her for this study. The author also is grateful to Professor Edward Lee for his suggestions and ideas. The author thanks the faculty participants of the 2020 Summer Writing Group at Chicago-Kent College of Law for their ideas, suggestions, and comments, and the editor, Alexander Kaczmarek, for the wonderful editorial support. 485

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most