Blackbeard Copyright Case Gets Second Chance in Federal Court

FAYETTEVILLE, N.C. - Sept. 6, 2021 - PRLog -- Judge Terrance 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.

The North Carolina Department of Natural and Cultural Resources (NCDNCR) says it is "the state agency with a vision to be the leader in cultural resources…by creating opportunities to experience excellence in the arts,…inspiring creativity,…encouraging…cultural tourism, and promoting economic development." It does so through the passage of laws like Blackbeard's Law which usurps the intellectual property of the very same North Carolina artists NCDNCR claims to support.

Learn more at https://nautilusproductions.com/blog/blackbeards-lawsuit

Nautilus Productions LLC (mailto:Nautilus%20Productions%20LLC) 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. (http://www.oliveandolive.com/) and Joe Poe, joe@poelaw.com - (919) 810-0311, of the Poe Law Firm, PLLC (http://www.poelaw.com/), both of Durham, NC.