Originally posted by Wheatfield What are the repercussions of this?
Specifically for photographers, less than than you might think. The plaintiff tried to claim damages from the state of North Carolina because the state used the plaintiff's video of a sunken wreck (the rights to access sunken wrecks belong to the state) in the state's online content, which is publicly viewable. The plaintiff filed copyrights for their videos, but anyone can file copyrights, just because it is registered does not give it special rights beyond unregistered copyrights. If another private entity had tried to profit from the plaintiff's videos, it would be subject to normal intellectual property rights, but the state of North Carolina is not a private entity.
The plaintiff had successfully claimed in district court that the Copyright Remedy Clarification Act of 1990, which is a federal U.S. statute, specifically abrogated sovereign state immunity, so the plaintiff could sue the state of North Carolina. A court of appeal had overturned the district court judgement and the U.S. Supreme Court basically said that Congress had no right to take away the constitutional rights of states and referred to its previous decision in Florida Prepaid, which involved a federal patent protection act modelled after the CRCA and passed by the same Congress two years later. The plaintiff also argued that he was being denied due process by the state of North Carolina, I have to admit I don't understand the intricacies of why that does not apply in this case, but anyway, the Supreme Court said the same argument was tried in the Florida Prepaid case and was rejected. I won't bother trying to summarize the opinions of the three Supreme Court judges who did not sign on to the Court's opinion, but they all agreed with the Court's decision, their differences involved fine points of the main opinion.
My opinion is that governments are public entities, for obvious reasons, and public entities are not the same as private entities. In the American political system, the judiciary has the responsibility to protect citizens from legislators who don't think through their decisions, especially when one government is making decisions that are deliberately designed to restrict the powers of another government, when it clearly has no constitutional basis for doing so. If the U.S. Supreme Court decides in two separate decisions that the federal Congress was being a bunch of doorknobs, who am I to argue.
So, as far as I can tell, in the United States of America you can take photographs of public property and you have copyrights for those photographs, but if the government decides to use your photographs for public consumption, you can't sue the government for royalties. If the government was deliberately publishing your photographs so you couldn't make any money from the photographs you take, you might be able to argue that this is denying you due process, but if the government stops picking on you, that would be considered a fair remedy and unless the government decides that you deserve some financial compensation, that is all you are going to get.