Fayetteville videographer Rick Allen can continue his lawsuit alleging North Carolina officials illegally copied his videos of Blackbeardās wrecked pirate ship and then passed a law, nicknamed āBlackbeardās Law,ā in an effort to legalize their actions, a federal judge ruled on Thursday.
U.S. District Judge Terrence W. Boyle partly dismissed Allenās lawsuit. But he also allowed Allen to proceed with a claim that Blackbeardās Law is invalid in regard to violations of federal copyright law, and to proceed with a claim that North Carolina violated his copyright on photos and videos from the shipwreck.
Blackbeardās law was passed in 2015 and 2016 after the dispute emerged over Allenās copyright and media rights, and access to the shipwreck. The law says photos, videos and other documentary material from derelict vessels are public record while in the custody of state government. Public records by law are to be given to anyone who asks, and for as little cost as is needed to make duplicates.
In related matters, Florida treasure-hunting company Intersal Inc., which in 1996 found Blackbeardās wrecked Queen Anneās Revenge just off the North Carolina coast, is continuing its litigation against North Carolina.
Intersal in North Carolina Business Court accuses the state of breach of contract and infringement of intellectual property rights. The case is scheduled for trial in spring 2018, said John Masters, chairman of Intersalās board.
Judge allows lawsuit over Blackbeard's shipwreck to proceed - News - The Fayetteville Observer - Fayetteville, NC
U.S. District Judge Terrence W. Boyle partly dismissed Allenās lawsuit. But he also allowed Allen to proceed with a claim that Blackbeardās Law is invalid in regard to violations of federal copyright law, and to proceed with a claim that North Carolina violated his copyright on photos and videos from the shipwreck.
Blackbeardās law was passed in 2015 and 2016 after the dispute emerged over Allenās copyright and media rights, and access to the shipwreck. The law says photos, videos and other documentary material from derelict vessels are public record while in the custody of state government. Public records by law are to be given to anyone who asks, and for as little cost as is needed to make duplicates.
In related matters, Florida treasure-hunting company Intersal Inc., which in 1996 found Blackbeardās wrecked Queen Anneās Revenge just off the North Carolina coast, is continuing its litigation against North Carolina.
Intersal in North Carolina Business Court accuses the state of breach of contract and infringement of intellectual property rights. The case is scheduled for trial in spring 2018, said John Masters, chairman of Intersalās board.
Judge allows lawsuit over Blackbeard's shipwreck to proceed - News - The Fayetteville Observer - Fayetteville, NC