Tuesday, June 9, 2020

Has A State Infringed Your Copyright?!

Help us, help Congress, change the law to prevent State infringement of your copyrighted material! The U.S. Copyright Office is undertaking a public study to determine the extent to which copyright owners are experiencing infringement by states without adequate remedies under state law. And we need your input! Comment here - https://www.copyright.gov/policy/state-sovereign-immunity/

#Copyright #IntellectualProperty #Piracy #SovereignImmunity #States #CRCA

Wednesday, April 29, 2020

USPTO & Copyright Office to Take on Sovereign Immunity in Copyright


On April 28, 2020, in the wake of the disastrous Supreme Court decision against copyright holders in Allen v. Cooper, Senators Thom Tillis (R) and Patrick Leahy (D) have called for the U.S. Patent and Trademark Office and the U.S. Copyright Office to “advise on the pervasiveness and prevalence of States’ infringements of copyrights.” The letters state that, “The Supreme Court's ruling last month in Allen v. Cooper created a situation in which copyright owners are without remedy if a State infringes their copyright and claims State sovereign immunity under the Eleventh Amendment of the U.S. Constitution.” READ MORE

Saturday, April 18, 2020

Piracy & Plunder by North Carolina!

An extensive list of the press coverage surrounding Allen v. Cooper. This lawsuit arises out of the retrieval of Blackbeard’s pirate ship. According to the complaint filed in the case, North Carolina was not content to use Nautilus Productions videography as agreed and began making unauthorized copies, covering up their misconduct and passing and amending legislation to protect their copyright infringements. Defendants in addition to the Governor and the State include employees of the Department of Natural and Cultural Resources, and the Friends of Queen Anne’s Revenge non-profit. PRESS COVERAGE

Tuesday, March 24, 2020


U.S. Supreme Court Leaves Copyright Holders Without Remedy!

 
 
March 23, 2020: The United States Supreme Court, in a unanimous decision, has affirmed a lower court’s ruling that Nautilus Productions cannot pursue its copyright lawsuit against the state of North Carolina. Justice Kagan wrote for the Court that the Court’s 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, which invalidated the federal statute that sought to hold States monetarily liable for patent infringement, “all but prewrote” this decision by the Court. In a separate concurrence, Justice Clarence Thomas questioned “whether copyrights are property within the original meaning of the Fourteenth Amendment’s Due Process Clause.”  Justice Breyer, joined by Justice Ginsburg, lamented that “something is amiss” in the Court’s prior precedents, while nonetheless agreeing that they control and therefore concurring in the judgment.  

Nautilus, the official videographer of Blackbeard’s pirate ship the Queen Anne’s Revenge, brought suit at the end of 2015 alleging the defendants made illegal copies of Nautilus’s videography, and then persuaded the legislature to pass an extraordinary law - now known as “Blackbeard’s Law” - in an attempt to justify pirating decades of work created by Nautilus. 

Nautilus owner, Rick Allen, stated, “Today, under this Supreme Court ruling, writers, software developers, composers, film-makers and other creators, just like me, cannot avail themselves of the protection Congress gave them from copyright infringement by states. We are saddened by the court’s decision. The state of North Carolina routinely and vigorously enforces its own copyrights, yet simultaneously hides behind sovereign immunity when it violates the intellectual property rights of its own citizens. The Constitution and Congress of the United States of America call for a different result.  The Constitution expressly grants copyright holders ‘the exclusive right to their respective writings and discoveries,’ and Congress expressly provided for States to be liable when they infringe those exclusive rights.”

“Going forward Nautilus will be evaluating all of its options.” said Allen.

This lawsuit arises out of the retrieval of Blackbeard’s pirate ship. According to the complaint filed in the case, the defendants were not content to use the videography as agreed and began making unauthorized copies, covering up their misconduct and passing and amending legislation to protect their copyright infringements. Defendants in addition to the Governor and the State include employees of the Department of Natural and Cultural Resources, and the Friends of Queen Anne’s Revenge non-profit. The Friends of Queen Anne’s Revenge dissolved their corporation after the lawsuit was filed and are being defended by their insurance carrier.

Since 1998, Nautilus Productions has been the official video crew for the Blackbeard’s Queen Anne’s Revenge Shipwreck Project. Nautilus Productions has spent almost 20 years diving on the pirate shipwreck in dangerous conditions and documented archaeological activities and the recovery of artifacts from Blackbeard’s infamous shipwreck for the benefit of, and at zero cost to, the taxpayers of North Carolina.   

The shipwreck was discovered in 1996 by Intersal Inc., which has filed a separate lawsuit against North Carolina and the Friends of Queen Anne’s Revenge that continues in state business court. 
The case is listed with the Supreme Court of the United States as No. 18-877

Nautilus Productions LLC is represented by Derek Shaffer and Todd Anten of Quinn Emanuel, Susan Freya Olive and David McKenzie of Olive and Olive, P.A. and Joe Poe of the Poe Law Firm, PLLC.

Wednesday, March 18, 2020

DIVELOG - Stuck at home & need an underwater fix?




The DIVELOG nautical web series focuses on sharks, shipwrecks, underwater archaeology, history, biology, marine life, scuba diving and undersea research. WATCH THE VIDEOS

Saturday, January 25, 2020

New Nautilus 4K Underwater Stock Footage!


Nautilus Productions LLC has uploaded 2 hours of new 4K UHD footage of Atlantic & Caribbean marine life. Sharks, turtles, octopus, eels & more in our video library. WATCH THE FOOTAGE

#artsandentertainment #northcarolina #shipwreck #maritimeheritage #NautilusProductions #Documentary #StockFootage #StockVideo #shark #SandTiger #NurseShark #SeaTurtle #Eel #StingRay

Tuesday, December 17, 2019

Nautilus Productions updates Blackbeard's Queen Anne's Revenge stock footage collection!


Nautilus Productions LLC has added 3 new extended/higher resolution video clips to our pirate shipwreck collection. For Licensing info contact Nautilus Productions. VIEW VIDEOS


Thursday, November 14, 2019

United States Supreme Court Hears Oral Arguments in Allen v. Cooper


November 5, 2019: In what may be the most important copyright case in decades, the court heard oral arguments in Allen v. Cooper. In 2015, according to a complaint filed in federal court, North Carolina pirated footage of Blackbeard's flagship, the Queen Anne's Revenge. Then North Carolina passed "Blackbeard's Law" to justify that misuse. Rick Allen of Nautilus Productions has taken his case to the Supreme Court of the United States. The issue is whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act in providing remedies for authors of original expression whose federal copyrights are infringed by states. North Carolina maintains that sovereign immunity prevents it from being held liable for damages, as other copyright infringers would be. "States can hold copyrights. They can be copyright holders. And they can sue anybody in the world for infringement," Justice Ruth Bader Ginsburg said during arguments. "There's something unseemly about a state saying, yes, we can hold copyrights and we can hold infringers to account to us, but we can infringe to our heart's content and be immune from any compensatory damages."
A ruling in the case is expected in May or June of 2020.

Wednesday, August 14, 2019

13 Amici Filed with SCOTUS Supporting Nautilus’ Blackbeard Copyright Lawsuit


A total of thirteen briefs were filed Tuesday with the U.S. Supreme Court supporting Rick Allen and Nautilus Productions in their case against the State of North Carolina, the N.C. Department of Natural & Cultural Resources and the Friends of Queen Anne’s Revenge nonprofit, captioned Allen v. Cooper (No. 18-877).
 
These briefs were authored or joined by dozens of legal experts and associations, and thousands of corporations, including; The Chamber of Commerce of the United States & The Copyright Alliance, Dow Jones & Company, Inc. (The Wall Street Journal), Oracle America, Inc., Recording Industry Association of America, American Association of Independent Music, and National Music Publishers’ Association, The Intellectual Property Law Association of Chicago, The Association of  the Bar of the City of New York, Software & Information Industry Association, Washington Legal Foundation, American Society of Media Photographers, National Press Photographers Association, Public Law Scholars, Ralph Oman (former U.S. Register of Copyrights), Law Professors, and the Constitutional Accountability Center. No briefs were filed in support of the State of North Carolina.

“The Petitioners are gratified to see this broad, distinguished coalition joining voice to support reversal of the 4th Circuit ruling.  Together these amici underline the depth and breadth of the concerns that led Congress to enact the Copyright Remedy Clarification Act (CRCA) so that States could properly be held liable for their mounting copyright infringement.” 

In 2015, according to the complaint filed in Federal court, North Carolina pirated footage of Blackbeard flagship, the Queen Anne’s Revenge. Then North Carolina passed “Blackbeard’s Law” to justify that piracy. Rick Allen of Nautilus Productions is the victim of that piracy and is taking his case to the Supreme Court of the United States. The issue, whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act in providing remedies for authors of original expression whose federal copyrights are infringed by states. North Carolina claims it has sovereign immunity in copyright and therefore is above the law and cannot be sued.

Nautilus Productions LLC is represented by Derek Shaffer and Todd Anten of Quinn Emanuel, Susan Freya Olive and David McKenzie of Olive and Olive, P.A. and Joe Poe of the Poe Law Firm, PLLC.

Sunday, July 14, 2019

SHARK FEST 2019!


Let's get sharky! Sand Tiger sharks, Carcharias taurus, filmed during dives on the shipwrecks off the N.C. coast. Many of the wrecks were torpedoed by German U-boats during WWII and the sharks congregate around these wrecks to feed and reproduce. From the Nautilus Productions LLC stock footage collection. WATCH THE VIDEOS!