In August of 2019 the National Press Photographers Association and the
American Society of Media Photographers filed an amicus brief in support of Jim Olive in University of Houston System vs. Jim Olive Photography, D/B/A Photolive, Inc. The brief was joined by the
North American Nature Photography Association,
Graphic Artists Guild, American Photographic Artists, and
Professional Photographers of America. "The case began when Texas photographer Jim Olive discovered that the University of Houston was using one of his aerial photographs for marketing purposes without permission. When Olive asked the University to pay for the use, they refused and told him they were shielded from suit because of sovereign immunity, which protects state government entities from many lawsuits." After a negative ruling from a Texas appellate court Olive hopes to continue his fight. In 2019 the
Supreme Court of the United States granted certiorari in
Allen v. Cooper, raising the question of whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act (
CRCA) in providing remedies for authors of original expression whose federal copyrights are infringed by states. In 2015, the state government of North Carolina uploaded videos of the wreck of the ''Queen Anne's Revenge'' to its website without permission. As a result
Nautilus Productions, the company documenting the recovery since 1998, filed suit in federal court over
copyright violations and the passage of "
Blackbeard's Law" by the North Carolina legislature. Before posting the videos the North Carolina Legislature passed "Blackbeard's Law", N.C. Gen Stat §121-25(b), which stated, "All photographs, video recordings, or other documentary materials of a derelict vessel or shipwreck or its contents, relics, artifacts, or historic materials in the custody of any agency of North Carolina government or its subdivisions shall be a public record pursuant to Chapter 132 of the General Statutes." Thirteen amici including; the
United States Chamber of Commerce, the
Recording Industry Association of America, the
Copyright Alliance, the
Software and Information Industry Association and the National Press Photographers Association, filed briefs in support of Allen. Those briefs proposed various doctrines under which the CRCA could validly abrogate sovereign immunity and variously re-asserted and supported the reasons why Congress examined and enacted CRCA, claiming that Congress was fair in finding that states had abused immunity and that an alternative remedy was needed. On November 5, 2019 the United States Supreme Court heard oral arguments in
Allen v. Cooper. On March 23, 2020, the
Supreme Court of the United States issued an opinion in
Allen v. Cooper, holding that Congress had no Constitutional authority to abrogate state sovereign immunity via the Copyright Remedy Clarification Act. In other words, the CRCA is unconstitutional. Congress failed to provide evidence to support the need to abrogate sovereign immunity. Following the ruling, Senators
Thom Tillis (R-North Carolina) and
Patrick Leahy (D-Vermont), of the intellectual property subcommittee on the Senate Judiciary Committee, sent letters to the U.S. Copyright Office and the U.S. Patent and Trademark Office requesting a study detailing copyright infringements by state governments. The
United States Copyright Office gave intellectual property owners suffering infringement by state entities until August 3, 2020 to publicly comment as part of this inquiry. In September of 2020 the U.S. Copyright Office began publishing those comments which reflect hundreds of copyright violations by state entities. As a result of the ruling Nautilus filed a motion for reconsideration in the United States District Court for the Eastern District of North Carolina. On August 18, 2021 Judge
Terrence Boyle granted the motion for reconsideration which North Carolina promptly appealed to the United States Court of Appeals for the Fourth Circuit. The 4th Circuit denied the state's motion on October 14, 2022. Nautilus then filed their second amended complaint on February 8, 2023 alleging 5th and 14th Amendment violations of Nautilus' constitutional rights, additional copyright violations, and claiming that North Carolina's "Blackbeard's Law" represents a
Bill of Attainder. Eight years after the passage of Blackbeard's Law, on June 30, 2023, North Carolina Gov. Roy Cooper signed a bill repealing the law. == References ==