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

Cover photo of Rick Allen - copyright Cindy Burnham, Lucky Shot Productions
To learn more, please visit Escapist Magazine's coverage about the copyright suit surrounding Queen Anne's Revenge and the U.S. Supreme Court's March 2020 decision in Allen, et al. v. Cooper, Governor of North Carolina, et al.
Show Notes:

September 2022 2ND Saturday Discussion:

1:04 Background of Blackbeard and Queen Anne’s Revenge

4:00 Intersal handed shipwreck over to NC; kept media rights, replica rights

4:45 Allen’s shooting underwater footage to document recovery of shipwreck

5:50 Allen agreed to license his footage and give Intersal 25% gross profits from that

6:25 2013 - changes with new NC administration - NC had been using footage commercially

7:25 NC hired other production companies in violation of Intersal’s media rights

7:45 Intersal filed complaint in NC’s Office of Administrative Hearings

7:55 Allen revoked NC’s rights to use Allen’s footage

8:00 Oct 2013 settlement w/ NC, Intersal and Allen

9:10 NC violations of settlement

935 2015 Blackbeard’s Law

10:15 Dec 2015 - Allen's suit against NC

10:45 Copyright Remedy Clarification Act

12:10 9-0 ruling by SCOTUS that CRCA was unconstitutional

13:50 Motion for Reconsideration

14:25 takings clause argument

15:25 NC appealed district court’s grant of MFR to the 4th Circuit

16:00 summary of timeline

18:00 Jan Felman’s question

20:20 Indiana suit sited Allen v. Cooper

20:50 Michael Bynum’s suit against Texas A&M over copyright infringement

23:35 Andrew Smith’s question

25:15 pattern by the state required - 16 cases cited by Allen of states violating copyrights

26:00 US copyright office verified 160 cases initiated against states for copyright violations

28:10 Emily Gould’s question

31:30 Summary of points from Q&A

32:45 financial impact of a museum created for shipwreck on the NC community

36:20 Andrew Smith’s FU questions

38:30 Gina McKlveen’s question

43:23 Enid Lutswana’s question

47:00 Update on Allen v. Cooper

47:51 January 2023 stay lifted; denied NC’s petition requesting court to reconsider granting motion for reconsideration; and granted request to file amended complaint

49:00 NC’s Blackbeard Law alleged to be bill of attainder

51:00 Texas A&M case

51:45 libraries to be charged fees by book publishers

52:25 Jim Olive lost sui

52:10 Indiana case

54:15 TX Supreme Court in Olive

55:30 Allen’s view of the precedent he’s creating

58:25 NC’s failure to reach out to settle suit

59:45 whether Allen’s view of justice has been jaded

01:01:30 chilling effect from NC’s position

01:03:50 definition of justice

01:06:00 legacy

01:08:00 legal team

01:11:00 status of shipwreck

01:11:30 Intersal’s suit

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© Stephanie Drawdy [2024]