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.
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.”
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.
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.
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.
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.
Quinn Emanuel, Susan Freya Olive and David McKenzie of
Olive and Olive, P.A. and Joe Poe of the Poe Law Firm, PLLC.
