Photographer’s 12-Year-Long Fight Over ‘Blackbeard’s Law’ Might Be Over

After more than a decade in court, an underwater photographer’s legal battle over images of Blackbeard’s shipwreck — and whether states can be held liable for copyright infringement — may finally be over.

Underwater photographer and videographer Rick Allen filed a lawsuit against the state of North Carolina in 2013, claiming that it had stolen and published his photographs and videos of Blackbeard’s wreck without permission.

The photos and footage at the center of Allen’s 12-year-long dispute show the shipwreck of Queen Anne’s Revenge. The ship was commanded by one of the most infamous pirates of all time, Edward Teach, better known as Blackbeard. Allen says the Department of Natural and Cultural Resources violated his copyrights by using the footage of the shipwreck owned by him and his company Nautilus Productions, without licensing it or paying him.

Although the state of North Carolina initially agreed in 2013 to stop the copyright violations and pay Allen $15,000 for unauthorized use, the underwater photographer says further infringements continued. Then, in 2015, North Carolina passed “Blackbeard’s Law,” which allowed state agencies to freely use materials related to shipwrecks in their possession. Allen contends the state used this law to continue publishing his images, including in a film shown at a state maritime museum.

After the Blackbeard’s Law’s partial repeal in 2016 and full repeal in 2023, Allen renewed his legal battle over the images of the shipwreck. The case reached the U.S. Supreme Court in 2019, which ruled in 2020 that state sovereign immunity prevented Allen’s copyright claim and North Carolina could not be sued for infringement.

Allen attempted to sue North Carolina again shortly after. However, on Friday, a federal appeals court ruled that Allen can’t continue to sue the state over his images of Blackbeard’s shipwreck. According to a report by City View, the 4th Circuit Court of Appeals says Allen isn’t allowed to revive his case. The news outlet says that the ruling may end the photographer’s lengthy dispute over the images and the law which shielded U.S. states from copyright claims.

“We do not believe the decision is appropriate. We are reviewing our options for next steps that will best protect not only our own rights, but those of all copyright owners,” Allen tells CityView in a statement on Monday. “It harms the interests of copyright holders nationwide.”

Image credits: Header photo licensed via Depositphotos.