The North Carolina Department of Natural and Cultural Resources is urging federal appellate judges to dismiss a copyright lawsuit filed by Frederick Allen and Nautilus Productions over images related to the pirate Blackbeard’s flagship, the Queen Anne’s Revenge. The case has been ongoing since 2015, even after a unanimous ruling in favor of the state by the US Supreme Court in 2020.
State lawyers argue that the district court erred in allowing Allen to amend his complaint and assert new legal theories, including a violation of the Fourteenth Amendment’s Due Process Clause. They stress that the Supreme Court’s decision should have been the end of the case and that Allen cannot plausibly allege a violation of the Fourteenth Amendment due to lack of recklessness infringement and an adequate remedy in state courts.
Additionally, the state lawyers reject Allen’s attempt to make a “Georgia claim” based on a precedent case, arguing that the alleged constitutional violation does not match the alleged statutory violation, thus foreclosing Allen’s claim. They urge the 4th Circuit to send the case back to the district court with instructions to dismiss and close the case.
This latest development in the decade-long copyright dispute highlights the continued legal battle between the state and Allen over images documenting the recovery of the Queen Anne’s Revenge. The state is adamant that the case should have ended with the Supreme Court’s ruling and that Allen’s attempts to introduce new legal theories are without merit.
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