N.C. Photographer Sues State Alleging Copyright Infringement of Shipwreck Images

[nautilusvideo]

In 2013, Allen found out that the state of North Carolina had allegedly been using his videos online without his consent. While the parties entered into a settlement agreement, requiring the State to compensate Allen for the use of the copyrighted material prior to the settlement date, Allen found out that the State had continued to use Allen’s copyrighted works after the settlement agreement without compensation both online and in print. In addition, the State government passed a law making all photographs and video material of shipwrecks in custody of North Carolina public record and available for use without limitations. As a result, Allen filed this suit for declaratory judgment, arguing that the statute violates the Takings and Due Process clauses of the Constitution. While Judge Boyle found for Allen, the State has now appealed to the Circuit Court. Land Ahoy! Does Blackbeard Signal the End of State Immunity for Copyright Infringement? - copyrightalliance

 

[Bert van den Berg]

Go Allen! Hope you win.

This ScubaBoard member was the one who filed the original lawsuit against the State of California that resulted in the Copyright Remedy Clarification Act in 1990. We caught UCLA copying 11 different engineering software programs that we developed (Bert van den Berg Engineering - BV Engineering for short).

If a private college like USC had been caught they would be in trouble but UCLA, being a state University can try to get away with stealing. It appears that the States have not yet learned their lesson and need a serious dressing down to make them pay attention.

 

[The Chairman]

Good luck, guys.

 

[Bert van den Berg]

It's not easy fighting a government that uses your own tax dollars to fight you but as the quote goes "
All that is required for evil to prevail is for good men to do nothing. "

 

[nautilusvideo]

In a lawsuit that persists in federal court, a documentary filmmaker accuses North Carolina of committing a modern form of treasure looting: using his copyrighted underwater footage without permission. "Pirates come in many forms," attorneys for Fayetteville-based videographer Frederick Allen said in court documents. "Defendants did not sail into the sandbars of infringement by mistake." Was a pirate's treasure pirated? Ongoing suit says NC stole Blackbeard footage.

 

[nautilusvideo]

A documentary filmmaker says North Carolina posted his shipwreck footage without permission. North Carolina claims immunity. Now the Supreme Court is being told that copyright infringement by states is "once again a very serious problem." What Happens When the Copyright Pirate Is State Government?

 

[Lorenzoid]

You could have just updated your existing thread: Ongoing suit says NC stole Blackbeard footage

 

[Lizzardia]

Awful when this happens

 

[TheGraveyardDiver]

"A documentary filmmaker... "

You should edit this to read "We..."

Spamming the forum pretending to be a dis-interested party doesn't help your case.
None of us here are going to be deciding the case, so making a post everyday pretending you aren't the plaintiff benefits no one.

 

[Bert van den Berg]

I am happy to be able to put in a few words regarding States abusing copyright.

The CRCA (Copyright Clarification Act) was instigated by my wife and myself when UCLA, a state university, pirated numerous copies of 7 different software programs properly copyrighted by our small company see "BV Engineering vs UCLA copyrig BV Engineering v. University of California, 858 F.2d 1394 | Casetext

If it had been a private school such as USC they would have been liable but the State if California claimed that we had no right for justice because you can't take a State to Federal court. You have to seek recess in State courts. Since States are not allowed to have their own copyright laws (because the there would be 50 different ones) we were in a catch 22 situation - no redress in State courts and no redress in Federal courts.

In the end we agreed to non-retroactive justice if the copyright laws were changed to specifically include the States. Testified before a congressional hearing in the Rayburn building in Washington DC on CSPAN TV to settle the deal.

Got so disgusted with California that we decided to move our company out of California and do our diving in New Zealand instead