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Author Topic: Shipwreck Images, Video, etc. Now Property of NC  (Read 1278 times)

Public_Record

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Shipwreck Images, Video, etc. Now Property of NC
« on: 08-14-15 at 08:48 pm »

HB 184 (Section 121-25 (b)), awaiting the signature of NC Governor Pat McCrory, will make "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 G.S. 132-1. There shall be no limitation on the use of or no requirement to alter any such photograph, video recordings, or other documentary material, and any such provision in any agreement, permit, or license shall be void and unenforceable as a matter of public policy."


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Robert K S

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Re: Shipwreck Images, Video, etc. Now Property of NC
« Reply #1 on: 08-18-15 at 09:47 am »

Your subject line could be read to mean that you understand the statute to enact a taking of private property, but I read the statute only as a straightforward open records "sunshine" law.
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This post is made in the context of professional discussion of general patent law issues and nothing contained herein may be construed as legal advice.

MYK

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Re: Shipwreck Images, Video, etc. Now Property of NC
« Reply #2 on: 08-18-15 at 10:01 pm »

That was my thought as well, but I just looked it up, and it turns out it's a bit more of a dispute than that.

http://www.courthousenews.com/2015/08/12/battle-over-shipwreck-photos-brews-in-n-c.htm
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Robert K S

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Re: Shipwreck Images, Video, etc. Now Property of NC
« Reply #3 on: 08-19-15 at 03:07 pm »

Well, yes, if a state passes a law to circumvent a settlement agreement or other IP agreement, that would seem to present a contracts clause issue...  But does the amendment really make [any and all] shipwreck images, video, etc. "now property of NC"?
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This post is made in the context of professional discussion of general patent law issues and nothing contained herein may be construed as legal advice.

MYK

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Re: Shipwreck Images, Video, etc. Now Property of NC
« Reply #4 on: 08-19-15 at 08:14 pm »

I wasn't able to find enough information on the lawsuit to form an opinion of what was going on;  the articles I read said that the new statute doesn't apply to the existing agreement with this one company, though.  At a guess it's to short-circuit any attempt to cut such a deal in the future, because the litigation is a pain in the ass and they want to be able to tell shipwreck-finders "no, we can't give you exclusive publicity rights, it's against state law."

I'm just surprised that Spain didn't try to claim ownership of the wreck. :)
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Public_Record

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Re: Shipwreck Images, Video, etc. Now Property of NC
« Reply #5 on: 11-11-17 at 05:54 pm »

Pirates not welcome here! That was the message U.S. District Judge Terrence W. Boyle delivered Thursday, March 23, 2017 to the North Carolina Department of Natural and Cultural Resources (NCDNCR), its employees and the Friends of Queen Anne’s Revenge in response to their motion to dismiss a Federal Lawsuit brought by Nautilus Productions. Google "Blackbeard's Lawsuit"
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MYK

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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



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