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.

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 4^th 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.

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!

#sharks #SandTiger #NautilusProductions #Carchariastaurus #shipwreck #shark #NCFilm #SharkWeek #RickAllen #SharkFest #StockFootage #StockVideo

‘A hand for Rick’: Underwater videographer Rick Allen overcomes near fatal accident

Underwater videographer Rick Allen was nearly killed when an oxygen tank exploded at his home. A wide circle of friends cheered him to recovery. "Don’t worry about getting back in the water. Swimming in circles is not so bad... I should know; that’s what my daughters told me when I had my knee replaced,” one blogger commented. It was a reference to Allen’s love of the ocean, where he makes a living as a videographer and filmmaker. Since about 1998, he has been documenting the archaeological reclamation of the pirate Blackbeard’s shipwreck, the Queen Anne’s Revenge. READ THE STORY

10/30/2011

United States Supreme Court Agrees to Hear Blackbeard Copyright Case

Modern Day Piracy on the Queen Anne’s Revenge

In 2015, according to a complaint filed in federal court, North Carolina pirated
footage of Blackbeard flagship, the QueenAnne’s Revenge. Then North
Carolina passed “Blackbeard’s Law” to justify that misuse. Rick Allen of
Nautilus Productions is now taking 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.

Nautilus owner, Rick Allen, stated, “We are obviously gratified that the United
States Supreme Court has agreed to hear our case. The Constitution of the
United States of America expressly empowers Congress to grant copyright
holders ‘the exclusive right to their respective writings and discoveries.’ We
look forward to making our case to the Supreme Court as to why it was within
Congress’s constitutional authority to hold states liable for their acts of
copyright infringement.”

Since 1998, Nautilus Productions has been the official video crew for the
Blackbeard’s Queen Anne’s Revenge Shipwreck Project. Nautilus Productions
has documented almost two decades of 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 breach of contract lawsuit against North Carolina and the Friends of
Queen Anne’s Revenge. That case was heard last month by the North Carolina
Supreme Court and awaits a ruling. The state of North Carolina, the North
Carolina Department of Natural and Cultural Resources (NCDNCR) and the
Friends of Queen Anne’s Revenge non-profit, which dissolved their corporation
after the lawsuit was filed, are also defendants in that lawsuit.

Nautilus Productions LLC & Rick Allen originally filed the lawsuit,
Allen v. Cooper, on December 1, 2015. Oral arguments, which are yet to be
scheduled, will be held  in Washington, D.C. 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.

https://nautilusproductions.com/blog/blackbeards-lawsuit

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Blackbeard's Shipwreck And The Hook!

NPR's Dick Gordon speaks with longtime diver Rick Allen, the underwater videographer of the 18th century Blackbeard's pirate ship, about losing his arm in an accident and then being fitted with an iron arm and hand that he now dives with. LISTEN TO PODCAST

#Pirates #NautilusProductions #Blackbeard #Documentary #StockFootage #Shipwreck #Privateer #Archaeology #EdwardThache #copyright #QueenAnnesRevenge #McCrory #FriendsofQAR #NCDNCR #BlackbeardsLaw #NCFilm #Blackbeard300 #Tricentennial #IntellectualProperty #lawsuit #Piracy #SovereignImmunity #SCOTUS #SupremeCourt

NC Claims Shipwreck Video & Images!

North Carolina claims shipwreck images and video in its custody are N.C. property in intellectual property rights grab. The law passed in 2015 is still on the books. READ MORE


#Pirates #NautilusProductions #Blackbeard #Documentary #StockFootage #Shipwreck #Privateer #Archaeology #EdwardThache #copyright #QueenAnnesRevenge #McCrory #FriendsofQAR #NCDNCR #BlackbeardsLaw #NCFilm #Blackbeard300 #Tricentennial #IntellectualProperty #lawsuit #Piracy #SovereignImmunity #SCOTUS #SupremeCourt

The Statute of Anne, also known as the Copyright Act 1710

April 10, 1710: The statute is considered a "watershed event in Anglo-American copyright history ... transforming what had been the publishers' private law copyright into a public law grant". Under the statute, copyright was for the first time vested in authors rather than publishers; it also included provisions for the public interest, such as a legal deposit scheme. The Statute was an influence on copyright law in several other nations, including the United States, and even in the 21st century is "frequently invoked by modern judges and academics as embodying the utilitarian underpinnings of copyright law". READ MORE

WWII German U-Boat Casualty - W.E. Hutton

March 18, 1942: The W.E. Hutton was traveling from Smith's Bluff, TX to Marcus Hook, PA with 65,000 barrels of #2 heating oil. In spite of the u-boat threat, she was traveling unarmed and alone, but her master, Captain Carl Flaathen, had taken the precaution of running with lights out and black-out curtains engaged. But against a shrewd and experienced u-boat captain like KL Mohr of the U-124 this was not enough. At 2210, on 3/18/1942, a torpedo slammed into the bow, on the starboard side blowing out the forepeak. The Hutton started listing to the starboard side, but was staying afloat and making headway. The captain made the decision to try to make ashore where he could beach his wounded tanker. Eight minutes later, the U-124 launched another torpedo, this time with greater affect. It slammed into the port side at the #3 tank right below the midship house. The Hutton's midships quickly became a blazing inferno. Rafts and lifeboats were launched as the crew started abandoning the stricken tanker in order to escape the flames. At 2245, with its captain watching from a lifeboat, the W.E. Hutton sank bow first in the 70 feet of water. Although spread across two lifeboats and two life rafts, the 23 survivors had the good sense to stay together during the night. At dawn of the 19th, the all gathered into one lifeboat and started rowing their way to shore. They were picked up at 1035 by the MS Port Halifax and taken to the Savannah, GA sea buoy where they were transferred to a pilot boat and taken ashore. 13 crew were killed in the attack. Note: The wreck in this video identified as the Papoose has been correctly re-identified as the W.E. Hutton. WATCH THE VIDEO

Three Amici Supporting Nautilus Productions Filed in Supreme Court!

 

Three amicus curiae briefs supporting Nautilus Productions in Allen v. Cooper were filed yesterday with the United States Supreme Court. The briefs were penned by the Recording Industry Association of America (RIAA), Ralph Oman (former Registrar of Copyrights) and David Nimmer, Earnest Young & Michael Bynum. On December 1, 2015, the videographers who have spent almost two decades documenting the retrieval of Blackbeard’s pirate ship, the Queen Anne’s Revenge (QAR) filed a Federal lawsuit against Gov. Pat McCrory, the State of North Carolina, and others, in the U.S. District Court for the Eastern District of North Carolina. The lawsuit filed by Nautilus Productions, LLC and its owner Frederick Allen alleges that the recently passed “Blackbeard’s Law” is unconstitutional, and that the defendants have infringed copyrights owned and licensed by Allen and Nautilus, violated other federal laws, and engaged in unfair and deceptive trade practices. Quinn Emanuel, Olive & Olive and Poe Law represent Nautilus Productions LLC in copyright litigation against the state of North Carolina, the NC Department of Natural and Cultural Resources, its employees and the Friends of Queen Anne's Revenge nonprofit. Read SCOTUS filings.

#Pirates #NautilusProductions #Blackbeard #Documentary #StockFootage #Shipwreck #Privateer #Archaeology #EdwardThache #copyright #QueenAnnesRevenge #McCrory #FriendsofQAR #NCDNCR #BlackbeardsLaw #NCFilm #Blackbeard300 #Tricentennial #IntellectualProperty #lawsuit #Piracy #SovereignImmunity #SCOTUS