Allen v. Stein

22. Allen v. Stein

**Citation:** 2026 WL 179560 (4th Cir. Jan. 23, 2026)

Relevant Facts

• The Queen Anne's Revenge — a pirate ship commanded by Edward Teach ("Blackbeard") — was wrecked near Beaufort Inlet on the North Carolina coast around 1717-1718 and rediscovered in 1996 by Intersal, Inc.

• Frederick L. Allen was hired as exclusive videographer for the recovery project.

• Allen captured video footage during the multi-year recovery effort and registered 13 copyrights.

• Allen discovered his protected work was uploaded to a state-operated YouTube channel in 2013.

• In 2015, North Carolina enacted "Blackbeard's Law" making photographs and videos of artifacts in state custody public records with no limitations on use.

Legal Issues

State sovereign immunity for copyright infringement claims; whether an "as-applied" abrogation theory based on United States v. Georgia applies to copyright claims.

Decision by the Court

Reversed in part, vacated in part, and remanded. The 2021 decision allowing Allen's amended complaint was reversed. The 2024 ruling permitting Allen's Georgia copyright infringement theory was vacated.

Reasons for the Decision

The U.S. Supreme Court had previously affirmed sovereign immunity in Allen v. Cooper, 589 U.S. 248 (2020). Under the Eleventh Amendment, states retain sovereign immunity from federal copyright infringement suits.