Blackbeard Filmmaker Fires Retort in Shipwreck Copyright Dispute!

Rarely is state piracy as blatant as in the case of Blackbeard’s Law—a North Carolina statute that targeted videographer Rick Allen’s unique footage of Blackbeard’s flagship, the Queen Anne’s Revenge. The statute—admittedly aimed at Allen’s work—claimed that the state could freely use, copy, and distribute Allen’s artistic work without compensating him.

After being sued, North Carolina amended its statute, but continued its piratical claims and its use of Allen’s work. It then tried to get Allen’s lawsuit kicked out of court. That attempt failed last August, when U.S. District Judge Terrence W. Boyle determined Allen’s federal lawsuit against the state could proceed. He did so, in large part, by applying a legal principle the state previously conceded was correct.

Still trying to delay the inevitable, the state appealed the ruling to the U.S. Court of Appeals for the 4^th Circuit. Now, Allen has responded.

In Allen’s appellate filing he explains that the effect of the state’s conduct is “piracy on a grand scale: a targeted attempt to take Allen’s body of work by intentionally infringing his copyrights and by adopting policies that allow others to do the same, all without any due process or compensation.”

“We’ve spent 10 years in the federal court system defending our intellectual property rights, and by extension the rights of all creators, from a state claiming it can steal that property with impunity and immunity.  Notwithstanding the state’s considerable procedural efforts to derail our case, we continue to inch closer to justice,” Allen said.

For nearly two decades, Nautilus Productions was the official video crew for the Blackbeard’s Queen Anne’s Revenge Shipwreck Project. Nautilus Productions documented archaeological activities and the recovery of artifacts from Blackbeard’s infamous shipwreck at zero cost to taxpayers. Nautilus’ footage and images of Blackbeard’s shipwreck have aired worldwide on the BBC, the History Channel, the Discovery Channel, National Geographic and many more.

The history of the case can be found here; https://www.nautilusproductions.com/blog/blackbeards-lawsuit

Nautilus Productions LLC and Rick Allen are represented by Susan Freya Olive, solive@oliveandolive.com - (919) 683-5514,  of Olive and Olive, P.A., Adam Adler, aadler@reichmanjorgensen.com - (650) 623-1480, of Reichman Jorgensen Lehman & Feldberg LLP, Elliot Sol Abrams, elliot.abrams@cheshirepark.com - (919) 833-3114 of Cheshire Parker Schneider, PLLC and Joe Poe, joe@poelaw.com - (919) 810-0311, of the Poe Law Firm, PLLC.

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Blackbeard Filmmaker Battles for His Rights on World IP Day!

A lawsuit involving North Carolina’s repeated piracy of documentary footage created by videographer Rick Allen’s unique underwater images of Blackbeard’s flagship, the Queen Anne’s Revenge, is headed to the U.S. Fourth Circuit Court of Appeals.

Judge Terrence Boyle’s ruling allows Allen to proceed with his claims against [North Carolina's Department of Natural and Cultural Resources (DNCR)]. “Allen has plausibly stated a claim that the DNCR infringed on his copyrights. It is undisputed that Allen holds valid copyrights in the materials he alleges th[at] DNCR infringed… Allen provides detailed accounts of his copyrights and the DNCR's alleged infringements of specific copyrights by copying, displaying, distributing, and performing his works without permission online and in a state museum.”  

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#artsandentertainment #piracy #northcarolina #shipwreck #shipwrecklaw #maritimeheritage #Pirates #NautilusProductions #Blackbeard #Documentary #StockFootage #Privateer #Archaeology #EdwardThache #copyright #QueenAnnesRevenge #McCrory #history #FriendsofQAR #NCDNCR #BlackbeardsLaw #NCFilm #Blackbeard300 #IntellectualProperty #lawsuit #SovereignImmunity #SCOTUS #SupremeCourt

Every day is Earth Day at Nautilus Productions LLC!

We celebrate our oceans every time we stick our heads underwater. Check out our stock footage and see for yourself.  WATCH MORE

#NautilusProductions #stockfootage #EarthDay

Great White Shark Breaches & Predations!

Watch these remastered amazing breaches and natural predations as the Great White sharks of False Bay, South Africa attack Cape Fur seals. From the Nautilus Productions LLC stock footage collection. To view more of our stock footage go to our Nautilus YouTube Channel.

#greatwhite #shark #breach #predation #stockfootage #stockvideo #falsebay #whitepointer

Blackbeard's Queen Anne's Revenge Project Images!

Looking for iconic images from the Blackbeard's Queen Anne's Revenge Shipwreck Project? Nautilus Productions LLC has exactly what your looking for! Cannons, cannon balls, rum bottles, pewter plates, navigational instruments, underwater archaeologists, the QAR lab - it's all here on our shipwreck image page. Take a 300 year step back in time. READ MORE

 

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Blackbeard Copyright Lawsuit Sails Forward in NC!

North Carolina’s Department of Natural and Cultural Resources received a stern reminder that those who don’t remember history are doomed to repeat it. The lesson came on Friday, August 30, from Judge Terrence Boyle, in a lawsuit involving DNCR’s repeated piracy of documentary footage created by videographer Rick Allen:  unique underwater images of Blackbeard’s flagship, the Queen Anne’s Revenge.

Judge Boyle’s ruling allows Allen to proceed with his claims against DNCR. “Allen has plausibly stated a claim that the DNCR infringed on his copyrights. It is undisputed that Allen holds valid copyrights in the materials he alleges th[at] DNCR infringed… Allen provides detailed accounts of his copyrights and the DNCR's alleged infringements of specific copyrights by copying, displaying, distributing, and performing his works without permission online and in a state museum.”

This isn’t the first time DNCR has faced liability for pirating Allen’s work. In 2013, DNCR violated copyrights in videography of Queen Anne’s Revenge owned by Allen and his company, Nautilus Productions—and paid $15,000 to settle that copyright infringement claim. Desperate to keep using the images, but unwilling to pay, the State passed “Blackbeard’s Law” (so named because its target was Allen’s valuable images of Blackbeard’s flagship). The law converted all photographs and video of shipwrecks that came into State hands into “public records” that the State could use without payment. Allen and Nautilus filed a federal lawsuit in 2015, and after eight years of litigation, on June 30, 2023, North Carolina Gov. Roy Cooper signed a bill repealing Blackbeard's Law. But DNCR continued to follow Blackbeard’s own piratical ethics, arguing that even without Blackbeard’s Law, Allen’s valuable footage was still the “property of the people” of North Carolina, which DNCR could continue copying without payment. Now, Judge Boyle’s ruling reminds DNCR that pirates—including State pirates—can look forward to walking the plank.

“We are grateful to Judge Boyle for his ruling!” stated Allen. “Our number one focus continues to be protecting the rights of all artists and creators from theft of their creative works by states and state agencies. North Carolina’s claim that it can sue its citizens for copyright infringement, but face no liability for its own state-led copyright theft, is not only unethical, but unconstitutional.”

For nearly two decades, Nautilus Productions was the official video crew for the Blackbeard’s Queen Anne’s Revenge Shipwreck Project. Nautilus Productions documented archaeological activities and the recovery of artifacts from Blackbeard’s infamous shipwreck at zero cost to the taxpayers of North Carolina. Nautilus’ footage of Blackbeard’s shipwreck has aired worldwide on the BBC, the History Channel, the Discovery Channel, PBS, National Geographic and many more.

The shipwreck was discovered in 1996 by Intersal, Inc. which has filed a separate breach of contract lawsuit against North Carolina and its Department of Natural and Cultural Resources in state court.

Nautilus Productions LLC and Rick Allen are represented by Susan Freya Olive, solive@oliveandolive.com - (919) 683-5514,  of Olive and Olive, P.A., Adam Adler, aadler@reichmanjorgensen.com - (650) 623-1480, of Reichman Jorgensen Lehman & Feldberg LLP, Elliot Sol Abrams, elliot.abrams@cheshirepark.com - (919) 833-3114 of Cheshire Parker Schneider, PLLC and Joe Poe, joe@poelaw.com - (919) 810-0311, of the Poe Law Firm, PLLC.

 

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