Judge allows lawsuit over Blackbeard's shipwreck to proceed

seekerGH

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Fayetteville videographer Rick Allen can continue his lawsuit alleging North Carolina officials illegally copied his videos of Blackbeardā€™s wrecked pirate ship and then passed a law, nicknamed ā€œBlackbeardā€™s Law,ā€ in an effort to legalize their actions, a federal judge ruled on Thursday.

U.S. District Judge Terrence W. Boyle partly dismissed Allenā€™s lawsuit. But he also allowed Allen to proceed with a claim that Blackbeardā€™s 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.

Blackbeardā€™s law was passed in 2015 and 2016 after the dispute emerged over Allenā€™s 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 Blackbeardā€™s wrecked Queen Anneā€™s 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 Intersalā€™s board.

Judge allows lawsuit over Blackbeard's shipwreck to proceed - News - The Fayetteville Observer - Fayetteville, NC
 

Salvor6

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Feb 5, 2005
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Port Richey, Florida
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Well there you have it. North Carolina screws the treasure hunters. They must have learned from Florida.
 

aquanut

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Jul 12, 2005
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Yeah, Whenever they lose in court, they pass a new LAW. At least this judge sounds like he'll give the average citizen a fair break.
 

capt dom

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Nov 9, 2006
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Jupiter, Florida USA
The State never loses... Its all the people who actually lose on both sides as the crooked bureaucrats and politicians attempt to manipulate the law to suit their own bidding. The Federal Judge was not attempting to protect the average "joe"... The State blatantly attempting to circumvent Copy write Law needs to be reviewed.
 

Salvor6

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Feb 5, 2005
3,755
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Port Richey, Florida
Detector(s) used
Aquapulse, J.W. Fisher Proton 3, Pulse Star II, Detector Pro Headhunter, AK-47
Primary Interest:
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You're right Capt Dom. And now the voters need to look at those legislators that are against salvage and vote them out of office.
 

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