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Cover photo of Rick Allen - copyright Cindy Burnham, Lucky Shot Productions
To learn more, please visit Escapist Magazine's coverage about the copyright suit surrounding Queen Anne's Revenge and the U.S. Supreme Court's March 2020 decision in Allen, et al. v. Cooper, Governor of North Carolina, et al.
Show Notes:
September 2022 2ND Saturday Discussion:
1:04 Background of Blackbeard and Queen Anne’s Revenge
4:00 Intersal handed shipwreck over to NC; kept media rights, replica rights
4:45 Allen’s shooting underwater footage to document recovery of shipwreck
5:50 Allen agreed to license his footage and give Intersal 25% gross profits from that
6:25 2013 - changes with new NC administration - NC had been using footage commercially
7:25 NC hired other production companies in violation of Intersal’s media rights
7:45 Intersal filed complaint in NC’s Office of Administrative Hearings
7:55 Allen revoked NC’s rights to use Allen’s footage
8:00 Oct 2013 settlement w/ NC, Intersal and Allen
9:10 NC violations of settlement
935 2015 Blackbeard’s Law
10:15 Dec 2015 - Allen's suit against NC
10:45 Copyright Remedy Clarification Act
12:10 9-0 ruling by SCOTUS that CRCA was unconstitutional
13:50 Motion for Reconsideration
14:25 takings clause argument
15:25 NC appealed district court’s grant of MFR to the 4th Circuit
16:00 summary of timeline
18:00 Jan Felman’s question
20:20 Indiana suit sited Allen v. Cooper
20:50 Michael Bynum’s suit against Texas A&M over copyright infringement
23:35 Andrew Smith’s question
25:15 pattern by the state required - 16 cases cited by Allen of states violating copyrights
26:00 US copyright office verified 160 cases initiated against states for copyright violations
28:10 Emily Gould’s question
31:30 Summary of points from Q&A
32:45 financial impact of a museum created for shipwreck on the NC community
36:20 Andrew Smith’s FU questions
38:30 Gina McKlveen’s question
43:23 Enid Lutswana’s question
47:00 Update on Allen v. Cooper
47:51 January 2023 stay lifted; denied NC’s petition requesting court to reconsider granting motion for reconsideration; and granted request to file amended complaint
49:00 NC’s Blackbeard Law alleged to be bill of attainder
51:00 Texas A&M case
51:45 libraries to be charged fees by book publishers
52:25 Jim Olive lost sui
52:10 Indiana case
54:15 TX Supreme Court in Olive
55:30 Allen’s view of the precedent he’s creating
58:25 NC’s failure to reach out to settle suit
59:45 whether Allen’s view of justice has been jaded
01:01:30 chilling effect from NC’s position
01:03:50 definition of justice
01:06:00 legacy
01:08:00 legal team
01:11:00 status of shipwreck
01:11:30 Intersal’s suit
Please share your comments and/or questions at [email protected]
Music by Toulme.
To hear more episodes, please visit Warfare of Art and Law podcast's website.
To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at [email protected].
Thanks so much for listening!
© Stephanie Drawdy [2025]
View all episodes
By Stephanie Drawdy
5
1010 ratings
Send us a text
Cover photo of Rick Allen - copyright Cindy Burnham, Lucky Shot Productions
To learn more, please visit Escapist Magazine's coverage about the copyright suit surrounding Queen Anne's Revenge and the U.S. Supreme Court's March 2020 decision in Allen, et al. v. Cooper, Governor of North Carolina, et al.
Show Notes:
September 2022 2ND Saturday Discussion:
1:04 Background of Blackbeard and Queen Anne’s Revenge
4:00 Intersal handed shipwreck over to NC; kept media rights, replica rights
4:45 Allen’s shooting underwater footage to document recovery of shipwreck
5:50 Allen agreed to license his footage and give Intersal 25% gross profits from that
6:25 2013 - changes with new NC administration - NC had been using footage commercially
7:25 NC hired other production companies in violation of Intersal’s media rights
7:45 Intersal filed complaint in NC’s Office of Administrative Hearings
7:55 Allen revoked NC’s rights to use Allen’s footage
8:00 Oct 2013 settlement w/ NC, Intersal and Allen
9:10 NC violations of settlement
935 2015 Blackbeard’s Law
10:15 Dec 2015 - Allen's suit against NC
10:45 Copyright Remedy Clarification Act
12:10 9-0 ruling by SCOTUS that CRCA was unconstitutional
13:50 Motion for Reconsideration
14:25 takings clause argument
15:25 NC appealed district court’s grant of MFR to the 4th Circuit
16:00 summary of timeline
18:00 Jan Felman’s question
20:20 Indiana suit sited Allen v. Cooper
20:50 Michael Bynum’s suit against Texas A&M over copyright infringement
23:35 Andrew Smith’s question
25:15 pattern by the state required - 16 cases cited by Allen of states violating copyrights
26:00 US copyright office verified 160 cases initiated against states for copyright violations
28:10 Emily Gould’s question
31:30 Summary of points from Q&A
32:45 financial impact of a museum created for shipwreck on the NC community
36:20 Andrew Smith’s FU questions
38:30 Gina McKlveen’s question
43:23 Enid Lutswana’s question
47:00 Update on Allen v. Cooper
47:51 January 2023 stay lifted; denied NC’s petition requesting court to reconsider granting motion for reconsideration; and granted request to file amended complaint
49:00 NC’s Blackbeard Law alleged to be bill of attainder
51:00 Texas A&M case
51:45 libraries to be charged fees by book publishers
52:25 Jim Olive lost sui
52:10 Indiana case
54:15 TX Supreme Court in Olive
55:30 Allen’s view of the precedent he’s creating
58:25 NC’s failure to reach out to settle suit
59:45 whether Allen’s view of justice has been jaded
01:01:30 chilling effect from NC’s position
01:03:50 definition of justice
01:06:00 legacy
01:08:00 legal team
01:11:00 status of shipwreck
01:11:30 Intersal’s suit
Please share your comments and/or questions at [email protected]
Music by Toulme.
To hear more episodes, please visit Warfare of Art and Law podcast's website.
To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at [email protected].
Thanks so much for listening!
© Stephanie Drawdy [2025]
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