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.
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