The Supreme Court on Monday declined to hear Frederick L. Allen's copyright case against North Carolina, bringing an end to a dispute that began more than a decade ago over documentary footage of the salvage of Blackbeard's flagship. The denial leaves in place a Fourth Circuit ruling that dismissed the case with prejudice.
The case stemmed from North Carolina's use of Allen's footage on state social media and the state's enactment of "Blackbeard's Law," which declared such shipwreck materials to be in the public domain. The law was later repealed. Allen sued, arguing the Copyright Remedy Clarification Act abrogated state sovereign immunity, but the Supreme Court previously ruled against him on that point.
On remand, a district court allowed Allen to pursue a new theory based on United States v. Georgia, but the Fourth Circuit reversed, finding no extraordinary circumstances to justify reopening the litigation under FRCP 60(b)(6). The appellate court called the restart a "do-over" and ordered dismissal. Allen said he is "naturally disappointed" but that "the war to remove state immunity from copyright claims already has been won."