The Supreme Court recently ruled in favor of keeping state
governments immune from copyright infringement lawsuits in
Allen v. Cooper (Case No. 18-877). The decision affirmed
the Fourth Circuit's dismissal of a videographer's
infringement claim against the state of North Carolina.
The Shipwreck Footage in Dispute
The copyrighted material at issue involved footage of wreckage
from the Queen Anne's Revenge, famed pirate
Blackbeard's ship that ran aground off North Carolina's
coast in 1718. Videographer Frederick Allen spent over a decade
creating videos and photos of the ship's underwater excavation.
Allen later registered copyrights in the works.
The dispute began when North Carolina used Allen's footage
as part of an online marketing campaign. The State hosts frequent
Blackbeard-festivals and its Maritime Museum features artifacts
from the Queen Anne's wreckage. The State used
Allen's works to promote its Blackbeard-related tourism.
