Supreme Court protects states from copyright suits

WASHINGTON – The Supreme Court ruled unanimously Monday that North Carolina’s display of videos and photos of a 300-year-old pirate ship’s salvage operation does not amount to piracy.

The decision was a victory for states claiming immunity from copyright infringement lawsuits. The case was brought by a video production company that has spent two decades documenting the salvage of the Queen Anne’s Revenge, which the legendary pirate Blackbeard ran aground in 1718.

The decision had more to do with mundane copyright law, congressional authority and Supreme Court precedent than peg legs and pieces of eight.

The shipwreck was discovered in 1996 by Intersal, a private research and salvage company. It agreed that North Carolina owns the shipwreck, but it contracted with Nautilus Productions, owned by Frederick Allen, to shoot video and photos of the salvage.

The state posted some of that material in 2013 as part of its tourism efforts. After agreeing to pay $15,000 for the infringement, it copied and published more material, then passed “Blackbeard’s Law” to legalize its actions.

“After Nautilus spent nearly two decades creating works by photographing and filming (at considerable risk) underwater excavation of Blackbeard’s famed Queen Anne’s Revenge, the state brazenly pirated them,” the company protested in legal papers.

Although federal law protects such copyrighted material from infringement, a federal appeals court agreed with North Carolina that states are immune under the 11th Amendment to the Constitution from some private copyright infringement claims.

Associate Justice Elena Kagan’s ruling Monday upheld that decision, citing Supreme Court precedent. All nine justices agreed with the judgment, if not all of its reasoning.

Associate Justice Stephen Breyer, joined by Associate Justice Ruth Bader Ginsburg, said Congress sought to provide that “when proven to have pirated intellectual property, states must pay for what they plundered.” Breyer and Kagan said Congress can try again to get it right.

“If it detects violations of due process, then it may enact a proportionate response. That kind of tailored statute can effectively stop states from behaving as copyright pirates,” Kagan said. “Even while respecting constitutional limits, it can bring digital Blackbeards to justice.”

More than 300 items from the sunken ship are displayed at the stateowned North Carolina Maritime Museum, including a 2-ton cannon. The state holds annual pirate festivals to mark the famed pirate’s notoriety.