Wednesday, June 12, 2019

‘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

Tuesday, June 4, 2019

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.


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