SCOTUS Ends Decade-Long Copyright Case Against State of North Carolina

WISECODE Take

The decade-long copyright dispute between videographer Frederick Allen and the State of North Carolina over footage of Blackbeard's shipwreck ended after the U.S. Supreme Court denied certiorari. Many businesses mistakenly believe this outcome means state entities can infringe on copyrights with complete impunity. The core issue revolved around whether state governments can rely on sovereign immunity as a legal shield against copyright claims. North Carolina enacted 'Blackbeard's Law' in 2015 to place salvage footage into the public domain before repealing it in August 2023, showing that government attempts to bypass copyright protection via legislation face significant constitutional challenges. For companies collaborating with public institutions or government agencies, this case highlights that sovereign immunity can complicate IP remedies. Creators and contractors licensing content to public entities are most affected, while businesses without government interactions remain untouched; Zhidian provides international contract IP risk health checks to clarify rights boundaries during performance. When entering content licensing agreements with public entities, businesses should follow two practical steps. First, ensure explicit warranty and dispute jurisdiction clauses are included before signing, rather than relying on verbal assurances from officials. Second, maintain comprehensive creation logs and copyright notices for all media materials provided to public bodies. While state regulations may temporarily insulate officials from infringement claims, establishing clear jurisdiction and remedy provisions in contracts remains the true defense for business revenue.