North Carolina Can Legally Pirate Images of a Pirate Ship
By J.D. Hensarling
Attorney at Law
The U.S. Supreme Court has sided unanimously with the State of North Carolina that publication of videos and photos of a private salvage operation of a shipwreck is not a copyright infringement. Even though federal law protects certain copyrighted materials, the Fourth Circuit Court of Appeals ruled that states are immune from some private copyright laws under the Eleventh Amendment to the U.S. Constitution.
The ship named the “Queen Anne’s Revenge” was famously captained by the legendary pirate Blackbeard and wrecked some 300 years ago in North Carolina waters near Beaufort. North Carolina owns the shipwreck and its artifacts.
In 2013, North Carolina paid $15,000 to publish some photos and videos from the salvage effort. Then in 2015 North Carolina passed the “Blackbeard Law” legalizing the publication and publishing of more materials from the salvage effort, moving them into the public domain. This caused the salvage company, Nautilus Productions, LLC, to sue alleging illegal pirating of their work.
North Carolina, therefore, did not pirate the materials as alleged. All’s well that ends well on the high seas of copyright laws, or not.
Wisdom, Experience, Results
Learn More from Vann Attorneys
Vann Attorneys stands ready to meet the diverse needs of clients ranging from individuals to privately held family businesses to corporations with national distribution. The firm represents clients throughout North Carolina and the United States. We periodically publish content that is relavant to our clients and community. Keep reading our 'News & Events' page on the topics most important to you and your business.
Proven
Experience on
Your Side
Leave a message
Raleigh Office
RALEIGH HOURS
Mon | 8am - 5pm |
---|---|
Tues | 8am - 5pm |
Wed | 8am - 5pm |
Thurs | 8am - 5pm |
Fri | 8am - 5pm |
Charlotte Office
CHARLOTTE HOURS
Mon | 8am - 5pm |
---|---|
Tues | 8am - 5pm |
Wed | 8am - 5pm |
Thurs | 8am - 5pm |
Fri | 8am - 5pm |