Blackbeard’s Lawsuit
Under current Federal law, States can steal your Intellectual Property (IP) and there’s nothing you can do about it …
Piratical N.C. Copyright Law Deep-Sixed by Blackbeard Videographer!
In a story line the infamous pirate himself would love, North Carolina has repealed its own “Blackbeard’s Law.” The law, passed in 2015, had targeted famous underwater photographer Rick Allen and his footage of Blackbeard’s flagship, the Queen Anne’s Revenge by converting all photography and videos of shipwrecks that came into State hands into public records that the State could use without payment. The State apparently hopes this will end a lawsuit…but it won’t.
The backstory is almost as old as the law. In 2013, North Carolina’s Department of Natural and Cultural Resources violated copyrights owned by Allen and his company, Nautilus Productions—and paid $15,000 to settle their copyright infringement claim. Desperate to keep using Allen’s unique footage but unwilling to pay, the State passed “Blackbeard’s Law” and the State resumed its buccaneering ways. Nautilus and Allen answered with their own broadside: a lawsuit in federal court.
Finally, on June 30, 2023, North Carolina Gov. Roy Cooper signed a bill repealing Blackbeard’s Law. The repeal came after 8 years of litigation, and is apparently triggered by the State’s realization that it had no legitimate defense to at least one of the federal court claims: that Blackbeard’s Law was a constitutionally prohibited “Bill of Attainder”—a bill that targets and harms an individual, without any due process at all. Since various State legislators had admitted to the motivation, it would have been hard to show otherwise.
The repeal was passed unanimously by the state legislature, and is being hailed as a victory not just for Allen and Nautilus, but for copyright owners nationwide.
“This isn’t the end of the road, by a long shot, but it’s a good start,” said Allen. He went on to explain: “The repeal of the law does nothing to negate the past and ongoing copyright violations, damages for those violations, or the eight years in which the state and its affiliates hid behind Blackbeard’s Law to justify their scandalous behavior.”
Allen pointed out that North Carolina didn’t just use Allen’s works without paying for them—it keeps defending its thefts by asserting that states are immune to copyright infringement lawsuits from creators like Allen and Nautilus. This is because states are considered “sovereign entities” under the law in some circumstances, which means that they can’t be sued without their consent. But here’s the kicker: North Carolina can sue its own citizens for copyright infringement! So, North Carolina asserts it can’t be sued for copyright infringement, but it can turn around and sue others for infringement.
This double standard is one that Allen and Nautilus’s lawsuit, Allen v. Cooper, continues to fight against. In addition to pointing out that Blackbeard’s Law is a Bill of Attainder, their lawsuit against North Carolina argues that the State effectively plundered Nautilus’ priceless footage of Blackbeard’s flagship, the Queen Anne’s Revenge, for its own use—a prohibited “Taking” of his property in violation of the Constitution, and that the State’s “sovereign immunity” defense is a violation of the 5th and 14th Amendment.
The fight goes on: “We will continue to hold N.C. accountable for its behavior just as N.C. and the Attorney General’s office prosecute anyone who engages in the theft of North Carolina property,” said Allen.
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, National Geographic and many more.
The shipwreck was discovered in 1996 by Intersal, Inc. which has filed a separate breach of contract lawsuit in North Carolina’s Business Court. The State of North Carolina and its Department of Natural and Cultural Resources are defendants in that lawsuit. That trial date is set for February 19, 2024.
Nautilus Productions LLC is represented by Susan Freya Olive, solive@oliveandolive.com – (919) 683-5514 and David McKenzie, DMcKenzie@oliveandolive.com – (919) 683-5514 of Olive and Olive, P.A., Joe Poe, joe@poelaw.com – (919) 810-0311, of the Poe Law Firm, PLLC, and Adam Adler, aadler@reichmanjorgensen.com – (650) 623-1480, of Reichman Jorgensen Lehman & Feldberg LLP.
7/24/23
North Carolina Faces New Federal Claims in Blackbeard Copyright Case
The infamous pirate Blackbeard was once the scourge of the Atlantic but over 300 years later a different kind of pirate sails North Carolina’s waters. And a case heard at the United States Supreme Court has returned to Raleigh. On February 8th, filmmaker Frederick Allen of Nautilus Productions, filed an amended complaint in Allen v. Cooper against the state of North Carolina and the North Carolina Department of Natural and Cultural Resources (NCDNCR) over the misuse of Allen’s copyrighted footage of Blackbeard’s shipwreck, the Queen Anne’s Revenge. According to the complaint filed in U.S. District Court for the Eastern District of North Carolina, North Carolina pirated Allen’s footage of Blackbeard’s flagship, and then passed “Blackbeard’s Law” (N.C. §121-25(b)) in 2015 to justify that misuse.
North Carolina has argued that Allen and other creators are barred from suing states and state entities for copyright infringement, even though states can sue their own citizens for infringing use of copyrighted works created by those very same states, under the guise of “Sovereign Immunity.” Allen’s lawsuit alleges the above inequity in federal copyright law and the passage of North Carolina’s “Blackbeard’s Law,” illegally converted Nautilus’ footage of Blackbeard’s flagship, the Queen Anne’s Revenge, into the public domain. The lawsuit further alleges that North Carolina violated Allen’s 5th and 14th Amendment Constitutional rights through the passage of Blackbeard’s Law, and that Blackbeard’s Law represents a Bill of Attainder, or targeted punishment of an individual by the Legislature, which is specifically prohibited in the U.S. Constitution. Allen is also seeking an injunction to enjoin North Carolina from engaging in further copyright infringements or takings.
Allen stated, “The Copyright Clause and the 5th and 14th Amendments to the Constitution are meant to protect citizens from unjust and illegal takings of their property without due process or compensation. This lawsuit will benefit all creators, who drive the American economy, and help protect them from intellectual property theft by states. Nowhere in the federal copyright statutes are states exempted from copyright law or immune from lawsuits – yet North Carolina argues just that.”
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 for the benefit of, and 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, National Geographic and many more.
The shipwreck was discovered in 1996 by Intersal, Inc. which has filed a separate breach of contract lawsuit in North Carolina state court. The state of North Carolina and the North Carolina Department of Natural and Cultural Resources (NCDNCR) are defendants in that lawsuit. That case awaits a trial date in North Carolina’s Business Court.
The filing in Allen v. Cooper can be accessed here – https://illusionofmore.com/wp-content/uploads/2023/02/Allen-Amended-Complaint_NC.pdf
Nautilus Productions LLC is represented by Susan Freya Olive, solive@oliveandolive.com – (919) 683-5514 and David McKenzie, DMcKenzie@oliveandolive.com – (919) 683-5514 of Olive and Olive, P.A., Joe Poe, joe@poelaw.com – (919) 810-0311, of the Poe Law Firm, PLLC, and Adam Adler, aadler@reichmanjorgensen.com – (650) 623-1480, of Reichman Jorgensen Lehman & Feldberg LLP.
Federal Judge Grants Motion for Reconsideration in Allen v. Cooper
On August 18, 2021 Judge Terrence W. Boyle ruled that Frederick Allen of Nautilus Productions can continue his lawsuit against the state of North Carolina and the North Carolina Department of Natural and Cultural Resources. 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.
According to Judge Boyle’s ruling, ‘The Court has determined that [United States v.] Georgia serves as a valid basis for plaintiffs to bring their constitutional claims, and plaintiffs will have the opportunity to show that defendants have intentionally deprived their intellectual property without adequate state remedies to provide due process of law in an amended complaint. Plaintiffs may amend their complaint to buttress their allegations of “a modern form of piracy.”’
“We look forward to continuing our fight to protect the intellectual property rights of all writers, musicians, filmmakers, software developers and other creators against misuse by North Carolina and other state entities. Under current U.S. law states and state entities can sue others for copyright infringement and damages. However, U.S. citizens and corporations are legally barred from suing states or state entities for those very same copyright infringements or for damages!” Allen responded.
U.S. Copyright Office & USPTO to Take on Sovereign Immunity in Copyright
On April 28, 2020, in the wake of the disastrous Supreme Court decision against copyright holders in Allen v. Cooper,
Senators Thom Tillis (R) and Patrick Leahy (D) have called for the U.S. Patent and Trademark Office and the U.S. Copyright Office to “advise on the pervasiveness and prevalence of States’ infringements of copyrights.” The letters state that, “The Supreme Court’s ruling last month in Allen v. Cooper created a situation in which copyright owners are without remedy if a State infringes their copyright and claims State sovereign immunity under the Eleventh Amendment of the U.S. Constitution.”
Nautilus, the official videographer of Blackbeard’s pirate ship the Queen Anne’s Revenge, brought suit at the end of 2015 alleging the defendants made illegal copies of Nautilus’s videography, and then persuaded the legislature to pass an extraordinary law – now known as “Blackbeard’s Law” – in an attempt to justify pirating decades of work created by Nautilus.
Nautilus owner, Rick Allen, stated, “Under this Supreme Court ruling, writers, software developers, composers, film-makers and other creators, just like me, cannot avail themselves of the protection Congress gave them from copyright infringement by states. We are saddened by the court’s decision. The state of North Carolina routinely and vigorously enforces its own copyrights, yet simultaneously hides behind sovereign immunity when it violates the intellectual property rights of its own citizens. The Constitution and Congress of the United States of America call for a different result. The Constitution expressly grants copyright holders ‘the exclusive right to their respective writings and discoveries,’ and Congress expressly provided for States to be liable when they infringe those exclusive rights.”
This lawsuit arises out of the retrieval of Blackbeard’s pirate ship. According to the complaint filed in the case, the defendants were not content to use the videography as agreed and began making unauthorized copies, covering up their misconduct and passing and amending legislation to protect their copyright infringements. Defendants in addition to the Governor and the State include employees of the Department of Natural and Cultural Resources, and the Friends of Queen Anne’s Revenge non-profit. The Friends of Queen Anne’s Revenge dissolved their corporation after the lawsuit was filed and are being defended by their insurance carrier.
Nautilus Productions LLC is represented by Susan Freya Olive and David McKenzie of Olive and Olive, P.A. and Joe Poe of the Poe Law Firm, PLLC.
U.S. Copyright Office Public Study Page
Senate letter to USCO re: state sovereign immunity
Senate letter to PTO re: state sovereign immunity
U.S. Supreme Court Leaves Copyright Holders Without Remedy!
March 23, 2020: After North Carolina passed Blackbeard’s Law & was sued for copyright infringement the United States Supreme Court, in a unanimous decision, has affirmed a lower court’s ruling that Nautilus Productions cannot pursue its copyright lawsuit against the state. Justice Kagan wrote for the Court that the Court’s 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, which invalidated the federal statute that sought to hold States monetarily liable for patent infringement, “all but prewrote” this decision by the Court. In a separate concurrence, Justice Clarence Thomas questioned “whether copyrights are property within the original meaning of the Fourteenth Amendment’s Due Process Clause.” Justice Breyer, joined by Justice Ginsburg, lamented that “something is amiss” in the Court’s prior precedents, while nonetheless agreeing that they control and therefore concurring in the judgment.
Nautilus, the official videographer of Blackbeard’s pirate ship the Queen Anne’s Revenge, brought suit at the end of 2015 alleging the defendants made illegal copies of Nautilus’s videography, and then persuaded the legislature to pass an extraordinary law – now known as “Blackbeard’s Law” – in an attempt to justify pirating decades of work created by Nautilus.
Nautilus owner, Rick Allen, stated, “Today, under this Supreme Court ruling, writers, software developers, composers, film-makers and other creators, just like me, cannot avail themselves of the protection Congress gave them from copyright infringement by states. We are saddened by the court’s decision. The state of North Carolina routinely and vigorously enforces its own copyrights, yet simultaneously hides behind sovereign immunity when it violates the intellectual property rights of its own citizens. The Constitution and Congress of the United States of America call for a different result. The Constitution expressly grants copyright holders ‘the exclusive right to their respective writings and discoveries,’ and Congress expressly provided for States to be liable when they infringe those exclusive rights.”
“Going forward Nautilus will be evaluating all of its options.” said Allen.
This lawsuit arises out of the retrieval of Blackbeard’s pirate ship. According to the complaint filed in the case, the defendants were not content to use the videography as agreed and began making unauthorized copies, covering up their misconduct and passing and amending legislation to protect their copyright infringements. Defendants in addition to the Governor and the State include employees of the Department of Natural and Cultural Resources, and the Friends of Queen Anne’s Revenge non-profit. The Friends of Queen Anne’s Revenge dissolved their corporation after the lawsuit was filed and are being defended by their insurance carrier.
Since 1998, Nautilus Productions has been the official video crew for the Blackbeard’s Queen Anne’s Revenge Shipwreck Project. Nautilus Productions has spent almost 20 years diving on the pirate shipwreck in dangerous conditions and documented 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 lawsuit against North Carolina and the Friends of Queen Anne’s Revenge that continues in state business court.
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.
United States Supreme Court
Agrees to Hear Blackbeard Copyright Case
Modern Day Piracy on the Queen Anne’s Revenge
June 3, 2019: In 2015, according to a 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 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 are scheduled for November 5, 2019 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.
⚓ Federal Judge Spikes NC Attempts to Dismiss Blackbeard’s Lawsuit
Pirates not welcome here! 
That was the message U.S. District Judge Terrence W. Boyle delivered Thursday, March 23, 2017 to the North Carolina Department of Natural and Cultural Resources (NCDNCR), its employees and the Friends of Queen Anne’s Revenge in response to their motion to dismiss a Federal Lawsuit brought by Nautilus Productions.
Nautilus, the official videographer of Blackbeard’s pirate ship the Queen Anne’s Revenge, brought suit at the end of 2015 alleging the defendants made illegal copies of Nautilus’s videography, and then persuaded the legislature to pass an unconstitutional law – now known as “Blackbeard’s Law” – in an attempt to justify pirating decades of work from Nautilus. Judge Boyle’s decision allows the lawsuit for copyright infringement and for a declaration of the statute’s invalidity to move forward in Federal court.
“I am gratified by Judge Boyle’s ruling,” stated Rick Allen, owner of Nautilus Productions. “It was surreal to sit in a Federal courtroom in the town where Blackbeard himself held sway, listening to the State’s attorneys try to defend the State’s own acts of piracy. Taking our work, and then passing a law that tries to justify the illegal conduct, isn’t right. This wasn’t a mistake – NCDNCR had been caught before, paid for it, and promised not to do it again. I look forward to defending our constitutional rights in Federal court.”
In rejecting the defendants’ attempt to dismiss the copyright claims, Judge Boyle noted that protection of copyrights is a “right of such importance to the founders that it was, unique among most functions undertaken by the federal government today, expressly mentioned in Article I as an important protection to be ensured by the national government.”
This lawsuit arises out of the retrieval of Blackbeard’s pirate ship. According to the complaint filed in the case, the defendants were not content to use the videography as agreed and began making unauthorized copies, covering up their misconduct and passing and amending legislation to protect their copyright infringements. Defendants in addition to the Governor and the State include employees of the Department of Natural and Cultural Resources, and the Friends of Queen Anne’s Revenge non-profit. The Friends of Queen Anne’s Revenge dissolved their corporation after the lawsuit was filed and are being defended by their insurance carrier.
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, discovered in 1996 by Intersal Inc., filed separate lawsuits against the state of North Carolina and the Friends of Queen Anne’s Revenge, which continue in the State Office of Administrative Hearings, State Business Court and the North Carolina Supreme Court.
UPDATE: April 21, 2017 – The State of North Carolina, defendants; Kevin Cherry, Stephen R. Claggett, Karin Cochran, Roy A. Cooper, Cary Cox, Susan Wear Kluttz, John W. Morris, Susi H. Hamilton, D. Reid Wilson, G. Neel Lattimore, Catherine A. Oliva and the North Carolina Department of Natural and Cultural Resources file an interlocutory appeal of Judge Boyle’s decision. Nautilus files a cross appeal. A hearing date is set for March 20, 2018 in the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia.
UPDATE: March 23, 2017 – Intersal, Inc., discoverer of the Queen Anne’s Revenge shipwreck, files an ethics complaint with the North Carolina Ethics Commission against two North Carolina Department of Natural and Cultural Resources (DNCR) employees. The complaints specify that DNCR Deputy Secretary Kevin Cherry, as Secretary & Treasurer of the North Carolina Literary and Historical Association, solicited funds to be used for a commercial tour of QAR artifacts and the making of QAR artifact replicas, which DNCR planned without the collaboration or involvement of its QAR Settlement Agreement contractual partners. Mr. Cherry also supervised NC Underwater Archaeology Branch Director John Morris, who served as Treasurer of the non-profit Friends of QAR (“FoQAR”), and whose wife received $10,000 as part of a FoQAR contract which also interfered with Intersal’s QAR rights. After Intersal included FoQAR as defendants in ongoing legal action against DNCR, for repeated interference with the QAR Settlement Agreement, FoQAR filed dissolution paperwork in March of 2016.
North Carolina Faces Federal Lawsuit Over Copyright Infringement & “Blackbeard’s Law”
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 Rick 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. Defendants in addition to the Governor and the State include employees of the North Carolina Department of Natural and Cultural Resources (NCDNCR), and the Friends of Queen Anne’s Revenge nonprofit in Beaufort, NC. The plaintiffs include; Susan Kluttz, Karin Ramstad Cochran, Kevin Cherry, Cary Carr Cox, Stephen “Steve” Claggett and John “Billy Ray” Morris.
Modern Day Piracy On The Queen Anne’s Revenge
This is not the first time the State has been in trouble over the project. Earlier allegations of copyright infringement resulted in a 2013 Settlement Agreement, and payment of $15,000 to Nautilus and Allen as compensation for copyright infringement. Then, in August of 2015, Blackbeard’s Law was passed, stating that videos, photos and other documentary work in the State’s possession are now “public documents” and that there are no restrictions on their use. It also said that any agreement to the contrary would be invalid.
Allen immediately noted the problem and documented new copyright infringements which occurred after the 2013 Settlement Agreement. He was also aware of another lawsuit filed by the shipwreck’s discoverer, Intersal, Inc. that alleged violations of the Settlement Agreement. “The State of North Carolina passed Blackbeard’s Law to justify the further illegal taking of my intellectual property and abrogate the 2013 Settlement Agreement.”
Senator Norman Sanderson, who pushed the proposal into another bill pending before the Senate in July of 2015, admitted in July that he and Senator Jim Davis introduced the bill at the request of the Department of Natural and Cultural Resources, and said, “I’m sure it was brought forth because of the lawsuit.”
On August 18, 2015 NC Governor Pat McCrory signed HB 184 (N.C. §121-25(b)), into law (SL 2015-218), asserting State control over,
“All photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic materials in the custody of any agency of North Carolina government or its subdivisions shall be a public record pursuant to G.S. 132-1. There shall be no limitation on the use of or no requirement to alter any such photograph, video recordings, or other documentary material, and any such provision in any agreement, permit, or license shall be void and unenforceable as a matter of public policy.”
Just weeks after that signing, NCDNCR posted videos and images that illegally incorporated Nautilus’ digital media and violated Nautilus Productions’ registered copyrights and intellectual property rights on its State Government Social Media Archive.
“It is outrageous that the agency charged with promoting the arts in North Carolina does so through the misuse of its citizen’s property. Blackbeard’s Law affects every artist, writer, photographer, producer, historian and donor in N.C. and sets a dangerous precedent for N.C. government overreach,” said Allen.
Since 1998 Nautilus Productions has been the official video crew for the Blackbeard’s
Queen Anne’s Revenge Shipwreck Project. During that time Nautilus Productions has documented on video 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. According to State Archaeologist Steve Claggett, Rick Allen of Nautilus Productions “has worked energetically and enthusiastically in conditions that often are unfavorable, uncomfortable, and challenging for diving, filming, or anything else. Rick is totally professional and a great companion for our research crews, visitors, and media representatives. When viewers see underwater footage of the Blackbeard shipwreck site on local TV, or in documentaries by UNC-TV, the BBC, History Channel, Discovery Channel, or others, that footage was shot by Rick Allen.” This footage has been provided to scientists, researchers and the NC Maritime Museum for its Queen Anne’s Revenge exhibit at no cost to NC taxpayers. Literally hundreds of media outlets and broadcasters have incorporated Nautilus’ footage in news stories, videos and documentaries seen around the globe, again at zero cost to NC taxpayers.
Nautilus Productions LLC is represented by Derek Shaffer and Todd Anten of Quinn, Emanuel, Urquhart & Sullivan, LLP, Susan Freya Olive and David McKenzie of Olive and Olive, P.A. and Joe Poe of the Poe Law Firm, PLLC.
UPDATE: March 14, 2016 – The Friends of Queen Anne’s Revenge nonprofit in Beaufort, N.C. registered it’s destruction filing with the North Carolina Secretary of State and was officially dissolved. Another lawsuit against North Carolina, filed by Intersal, Inc. which found the Queen Anne’s Revenge, is pending in state business court, the N.C. Office of Administrative Hearings and the North Carolina Supreme Court.
UPDATE: July 14, 2016 – Gov. Pat McCrory signed into law H1030, in which the North Carolina Legislature amended “Blackbeard’s Law” to read,
“All photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic materials in the custody of any agency of North Carolina government or its subdivisions shall be a public record pursuant to Chapter 132 of the General Statutes.”
The change dropped the “no limitation on the use of or no requirement to alter any such photograph, video recordings, or other documentary material, and any such provision in any agreement, permit, or license shall be void and unenforceable as a matter of public policy” section of the law.
UPDATE: On March 23, 2017 U.S. District Court Judge Terrence W. Boyle rules the lawsuit for copyright infringement and for a declaration of the statute’s invalidity will move forward in Federal court. After an appeal of his ruling, by the State of North Carolina, a hearing date is set for March 20-22, 2018 in the United States Court of Appeals for the Fourth Circuit.
UPDATE: July 11, 2018 – 4th Circuit issues an unfavorable ruling in case and declines petition for en banc appeal. Nautilus adds Quinn, Emanuel, Urquhart & Sullivan, LLP to its legal team in preparation for petition of a writ of certiorari with the Supreme Court of the United States.
UPDATE: January 4, 2019 – Nautilus Productions LLC files a Petition for Writ of Certiorari with the Supreme Court of the United States.
UPDATE: September 4, 2020 – Motion for Reconsideration filed in Federal Court.
Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, states that “The Congress shall have Power… To promote the Progress of Science and useful Arts, by securing for limited Tımes to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
“Intellectual property is the gold of the digital age.” – Omar Sobrino
Copyright Alliance – The Copyright Alliance is the unified voice of the copyright community, representing the interests of thousands of individuals and organizations across the spectrum of copyright disciplines.
DOCUMENTS
Lawsuit – Amended Complaint, Judge’s Order on Motion To Dismiss, Nautilus Cross Appeal, Nautilus Reply Brief, 4th Circuit Opinion, Petition for Rehearing En Banc, Allen v. Cooper_Petition for Certiorari (No. 18-877), Allen v. Cooper Oral Arguments – Transcript, Allen v. Cooper Oral Arguments – Audio File, SCOTUS Opinion, Motion for Reconsideration, SCOTUS Transcript, Plaintiff’s Reply Brief, State Contract Exhibit, Reconsideration Granted, 4th Circuit Ruling on NC Appeal (2022), Amended Complaint (2023), Plaintiffs Opposition to MTD,
Amicus Curiae – Recording Industry Association of America, Ralph Oman- Register of Copyrights, Nimmer, Young, Bynum, Copyright Alliance, Register of Copyrights, Copyright Comment Letters, Nimmer, Oman, Young & Bynum, Amicus – Young
NCDOJ Copyright Opinion – Attorney General Josh Stein, 1993
2013 Settlement Agreement – Mediated Settlement Agreement Signed w/1998 Memorandum of Agreement
NC Legislature Links – HB184 (NCLeg page – S.L. 2015-218) & H1030 (NCLeg page – S.L. 2016-94)
NCDNCR – Queen Anne’s Revenge Fact Sheet
Friends of Queen Anne’s Revenge (FoQAR) nonprofit – Articles of Dissolution, State Filings, 2013 NCDNCR FOQAR MOA, 2013 NCDNCR FOQAR Revised MOA, 2015 NCDNCR FOQAR MOA, Lawrence Resignation Letter
US Government Copyright Basics – PDF download, Copyright Remedy Clarification Act, Copyright Remedy Clarification Act (CRCA), Copyright Law of the United States
PRESS
When the State Steals Your Work – Podcast with Rick Allen – Illusion of More
Allen v. Cooper – IPWatchdog
Allen v. Cooper: Back with a (Queen Anne’s) Vengeance – IPWatchdog
Copyright Case Could Chart a Return Voyage to the Supreme Court – Michael Cicero
TBJ Plus: NC’s Blackbeard battle returns – Triangle Business Journal
Fayetteville’s Blackbeard shipwreck filmmaker fires back in new court case – CityView
Filmmaker files amended lawsuit alleging copyright infringement related to Queen Anne’s Revenge shipwreck – Carteret News-Times
Blackbeard’s Ship Videographer Adds to Revived ‘Takings’ Suit – Bloomberg Law
Nautilus Productions’ Co-Founder Rick Allen On the Infamous Pirate Blackbeard, the Queen Anne’s Revenge Shipwreck, Copyright Infringement, State Sovereign Immunity & Artists’ Rights – Warfare Of Art & Law Podcast
A North Carolina Filmmaker Continues to Challenge State Sovereign Immunity – The Institute of Art & Law
Contract – Shipwreck Salvage – Media Rights – Administrative – Separate Permit – NC Lawyers Weekly
When States Infringe: The Curious Case of Copyright vs. Sovereign Immunity – Los Angeles Copyright Society
Two Years After Allen, SCOTUS Poised to Revisit Copyright Infringement by State Entities – IPWatchdog
The Year in Copyright: From Google v. Oracle to the Takings Clause – IPWatchdog
“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings – International Lawyers Network
The Copyright Top Five of 2020 – IPWatchdog
Research and Analysis_Blackbeard’s Law – Wendy Welsh
Filmmaker Overcomes Supreme Court Setback to Pursue North Carolina for Stealing Footage – Hollywood Reporter
North Carolina film-maker’s copyright case against the state revived after Supreme Court denial – The Art Newspaper
NC Court Grants Motion in Allen v. Cooper to Reconsider Takings Claim – The Illusion of More
Holding States Accountable for Copyright Piracy – Regulatory Transparency Project
Allen v. Cooper – IPWatchdog
Research and Analysis_Blackbeard’s Law – Wendy Welsh
ISSUE № 6: LEGAL TROUBLE – Long Way Around
Copyright Alliance Comments Spotlight Infringement by States – Graphic Artist Guild
Allen v. Cooper Revisited III: Data Suggests States Willfully Infringe Copyrights – The Illusion of More
Copyright Alliance Survey Reveals Growing Threat of State Infringement – Copyright Alliance
Supreme Court Holds States Cannot Be Sued for Monetary Damages in Copyright Infringement Cases – National Law Review
NCAJ Hero – Trialbriefs
Queen Anne’s Revenge, Indeed!: Copyright Conundrums, Sovereign States, and IP Piracy – JDSupra
Allen v Cooper: The Epilogue: The Copyright Office Embarks on a Journey to Determining Just How Bad the State Copyright Infringement Problem Is – Copyright Alliance
Are State Governments Copyright Pirates? – Copyright Clearance Center
Blackbeard’s Ghost Still Sails the Seas of Copyright! – Copyright Clearance Center
Senators Ask U.S. Copyright, Patent Offices to Study Infringement by States – Hollywood Reporter
U.S. Copyright Office Publishes Federal Register Notice Announcing State Sovereign Immunity Study – IP Watchdog
Queen Anne’s Revenge, Indeed!: Copyright Conundrums, Sovereign States, and IP Piracy – International Lawyers Network
Allen v. Cooper Revisited Part I: State of Play – The illusion of More
Allen v. Cooper: States Stay Copyright Pirates – The George Washington Law Review
Wrestling With the Ghost of Queen Anne: A Nerdy Look at Allen v. Cooper – The illusion of More
Allen v. Cooper Revisited: Part II – That Damned Eleventh Amendment – The illusion of More
Allen v. Cooper:: Can States Get Away With Everything Now? – ASMP
States’ Rights Revenge? 3 Key Takeaways From SCOTUS Ruling In Allen v. Cooper – Above the Law
Will the Specter of Blackbeard Return as a Copyright Pirate? – JD Supra
Supreme Court Gives States the Green Light to Infringe Copyrights – Verdict
Supreme Court: Allen V. Cooper and Intellectual Property Rights – U.S. Chamber of Commerce
Supreme Court Allows States to Plunder Copyrighted Videos – JD Supra
Watch Out North Carolina! Queen Anne Will Get Her Revenge – Hugh Stephens Blog
Senator Thom Tillis: If IP Stakeholders Can’t Find Consensus, Congress Can’t Help – IP Watchdog
Of Shipwrecks, Sovereign Immunity, Pirates, and Copyright – Kyle Kourtney
State Rights and Copyright Q & A – Allen v Cooper – DMLA
‘Blackbeard’ Returns: U.S. Supreme Court Ruling Allows States to act as copyright pirates; vendors beware – IP CloseUp
SCOTUS Approves State Piracy Without Consequence in North Carolina’s Blackbeard Lawsuit – Lindley Law
Photographers and Owners of Copyright Registrations, Beware of State Sovereign Immunity Issues! – Marks Gray
U.S. Supreme Court Allows States to be “Digital Blackbeards”—For Now – American Bar Association
Allen v. Cooper and Georgia v. Public.Resource.org: The Supreme Court Navigates the Relationship Between State Government and Federal Copyright Lawn – National Law Review
Blackbeard, Piracy, and the Supreme Court: Allen v. Cooper and the future of state sovereign immunity from copyright infringement suits – The JIPEL Blog
US Supreme Court rules against Fayetteville videographer in pirate ship lawsuit – Fayetteville Observer
Supreme Court rules states are immune from copyright law – Ars Technica
U.S. Supreme Court rules against Fayetteville videographer in pirate ship lawsuit – Tribune News Service
Supreme Court Decides North Carolina Is Immune from Filmmaker’s Copyright Suit – Hollywood Reporter
States Shielded From Copyright Suits, Supreme Court Rules – Bloomberg Law
U.S. Supreme Court maroons filmmaker in Blackbeard video piracy fight – Reuters
Supreme Court protects states from copyright lawsuits in Blackbeard pirate ship case – USA Today
In Blackbeard Pirate Ship Case, Supreme Court Scuttles Copyright Claims – NPR
Justices Find States Immune From Federal Copyright Claims – Courthouse News
Supreme Court Rules States Have Sovereign Immunity From Copyright Infringement Suits: Is Your State Government the Next “Pirate Bay”? – Stephen Carlisle
Think Twice When Licensing Copyrighted Works to States – Sovereign Immunity Applies – JD Supra
Supreme Court Paves Way for Revoking State Sovereign Immunity for Copyright Infringement – Center for the Protection of Intellectual Property
U.S. Supreme Court: NC immunity stands in Blackbeard copyright skirmish – NC Policy Watch
Blackbeard’s notorious pirate ship Queen Anne’s Revenge is at the heart of a US Supreme Court battle – Brinkwire
The Supreme Court Just Decided that States Cannot be Sued for Copyright Infringement – PetaPixel
Wrestling With the Ghost of Queen Anne: A Nerdy Look at Allen v. Cooper – The Illusion of More
Allen v. Cooper: Justly Decided If Not Exactly Just – The Illusion of More
States Shouldn’t Be Copyright Pirates – Creators Syndicate
U.S. Supreme Court Leaves Copyright Holders Without Remedy – PRLog
The Final Revenge of Queen Anne’s Revenge: State’s Use of Photographs Is Not Piracy – Lexology
SCOTUS Redefines State “Piracy” – Lexology
U.S. Supreme Court Allows States to be “Digital Blackbeards” – For Now – JDSupra
SCOTUS Sinks Filmmaker’s Copyright Case in Dispute Involving Blackbeard’s Ship – Law & Crime
States’ Rights Revenge? 3 Key Takeaways From SCOTUS Ruling In Allen v. Cooper – Above the Law
Bizarre row over Blackbeard’s ship goes all the way to the Supreme Court – Bristol Live
Blackbeard Just Broke Copyright Law, and Now States Are the Pirates – Escapist Magazine
Outrageous! States Infringe Copyright/Patent with Sovereign Immunity – Lawful Masses
Allen v. Cooper – U.S. States Have Sovereign Immunity from Copyright Damages – IPKat
A Cosmic Copyright Conundrum: ‘Star Trek,’ Space Force, SCOTUS and Blackbeard’s Shipwreck – IP Watchdog
Blackbeard sails into a modern piracy row – The Times
A Fairy Tale with an Unhappy Ending: Could it Happen in Real Life? – Hugh Stephens Blog
April Fools Day – SCOTUS 101
SCOTUS Redefines State “Piracy” – IP Blitz
I Can Do What I Want – What Are The Limits to State Immunity in the US on Copyright Infringement? – IP lustitia
Opinion analysis: Congress cannot subject states to suit for pirating and plundering copyrighted material – SCOTUS Blog
Supreme Court Says State Sovereign Immunity Sinks Pirate Shipwreck Copyright Suit – JD Supra
Sovereign Pirates: Copyright Owners Lose Their Remedies Against State Governments – Media Law Resource Center
Supreme Court Holds Sovereign Immunity Shields States from Copyright Lawsuits – DavisPolk
Blackbeard’s Revenge! – Entertainment Law Update
Episode 955: Pirate Videos – Planet Money, NPR (19 min.)
‘A hand for Rick:’ Underwater videographer Rick Allen overcomes near fatal accident – Fayetteville Observer
How Blackbeard’s ship and a diver with an ‘iron hand’ ended up at the Supreme Court – Charlotte Observer
Supreme Court Hears Case Involving Blackbeard’s Ship, State And Property Rights – All Things Considered, NPR (3 min.)
300 Years After Blackbeard, the Court Examines Another Kind of Piracy – The National Law Review
Can states pirate works without paying? – IPKat
Allen v. Cooper (No. 18-877) – U.S. Supreme Court
Allen v. Cooper – SCOTUSblog
Allen v. Cooper – Copyright Alliance
Allen v. Cooper – Ballotpedia
Allen v. Cooper – Constitutional Accountability Center
Allen v. Cooper – U.S. Chamber of Commerce
Allen v. Cooper – JD Supra
Allen v. Cooper – Legal Information Institute
Allen v. Cooper Oral Arguments – SCOTUS Audio File & Transcript
How Blackbeard’s ship and a diver with an ‘iron hand’ ended up at the Supreme Court – Charlotte Observer
Episode 955: Pirate Videos – Planet Money, NPR (19 min.)
Aarrr, matey! Supreme Court justices frown on state’s public display of pirate ship’s salvage operation – USA Today
A Supreme Court piracy case involving Blackbeard proves truth is stranger than fiction – Quartz
Pirate ship lawsuit from Fayetteville goes to Supreme Court on Tuesday – Fayetteville Observer
Allen v. Cooper (U.S Supreme Court): Amicus Brief – NY City Bar
Blackbeard’s Ship Heads to Supreme Court in a Battle Over Another Sort of Piracy – NY Times
Arrr! When A State is the Accused Copyright Scallywag – Scott Collins
Supreme Court Ruling In Pirate Ship Copyright Case Could Sink State Immunity – The IP Law Blog
Supreme Court Ruling In Pirate Ship Copyright Case Could Sink State Immunity – Scott Hervey
Fleet of copyright groups support pirate ship photographer before SCOTUS – World IP Review
Supreme Court Agrees to Review Filmmakers Copyright Lawsuit Against North Carolina – Hollywood Reporter
With Blackbeard’s ship, an argument about 21st century piracy lands in the Supreme Court – LA Times
High Court will hear copyright dispute involving pirate ship – AP
US Supreme Court will hear copyright Case tied to Blackbeard’s Flagship – WRAL
QAR suit appealed to SCOTUS – Carteret News Times
Can U.S. States Infringe Copyright with Impunity – The Illusion of More
Petitions of the Week – SCOTUSBlog
What Happens When the Copyright Pirate Is State Government? – Hollywood Reporter
NC Sets Sail for the Supreme Court: “Blackbeard’s Law” and Modern Day Piracy – Wake Forest Journal of Business & Intellectual Property Law
In US, No Remedies For Growing IP Infringement – Intellectual Property Watch
300 years after Blackbeard’s death, a videographer is fighting for bounty – News & Observer
Was pirate treasure pirated? Ongoing suit says NC stole Blackbeard footage – News & Observer
North Carolina, Filmmaker, Spar Before 4th Circuit Over Pirate Booty – Courthouse News
Judge allows lawsuit over Blackbeard’s shipwreck to proceed – Fayetteville Observer
Judge declines motion to dismiss lawsuit involving Queen Anne’s Revenge – Carteret County News Times
Lawsuit involving ownership of Blackbeard shipwreck videos can go ahead, judge says – Charlotte Observer
Judge: Suit About Blackbeard Shipwreck Videos Can Go Ahead – US News & World Report
3 Count: Blackbeard’s Revenge – Plagiarism Today
Intersal Files Ethics Complaints with NC over Blackbeard Shipwreck – PRLog
State Sanctioned Piracy? – Dr. E. Lee Spence
Videographer sues NC over rights to Blackbeard shipwreck footage – News & Observer
Photographer suing state over Blackbeard footage – WRAL-TV
Fayetteville company sues state in dispute about Blackbeard’s pirate ship – Fayetteville Observer
Friends group calls it quits on fundraising – Carteret County News-Times
QAR videographer files federal case – Carteret County News-Times
Local non-profit ‘Friends of Queen Anne’s Revenge’ dissolves – WCTI-TV
Blackbeard and the Modern Day Pirates – Hugh Stephens Blog
N.C. Photographer Sues State Alleging Copyright Infringement of Shipwreck Images – Fstoppers Blog
Blackbeard’s ship fundraising group dissolves amid lawsuits – WITN-TV
Land Ahoy! Does Blackbeard Signal the End of State Immunity for Copyright Infringement – Copyright Alliance
State Said to Plunder Blackbeard Wreck Pix – Courthouse News
US State Changes Law To Steal Pirate Video – Commsrisk
Company Files Lawsuit Against Gov. McCrory Over Blackbeard’s Ship – TWC News
‘Blackbeard’s Law’ to clarify public access to shipwreck photos, video – Fayetteville Observer
Controversy over Blackbeard’s Queen Anne’s Revenge continues – Public Radio East
Battle Over Shipwreck Photos Brews in N.C. – Courthouse News
NC Lawmakers enter legal battle over Blackbeard’s ship – Asheville Citizen-Times
Plunder Disputes Plague The Wreck of Blackbeard’s Ship – Soundings
Usurpation of Personal and Intellectual Property Rights – Gary Gentile
Land Brigands – Thatcher: The unauthorized biography of Blackbeard the pirate
‘Blackbeard’s law’, lawsuits sink Queen Anne’s Revenge salvage effort; friends group calls it quits on fundraising – Underwater Times
Common Cents, March 2016, Mark Loundy – National Press Photographers Association
Videographer sues NC over rights to Blackbeard shipwreck footage – Scholarship Easy
Blackbeard’s Ship Confirmed Off North Carolina – National Geographic
U.S. Copyright Law Makes It Illegal To Remove A Watermark – Photo Attorney
Similar Copyright Cases
“12th Man” Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses – National Law Review
University of Houston can be sued for using image, judge rules – Houston Chronicle
Book Editor & Photographer Sue Texas Universities – Houston Chronicle
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