In 2013, Allen found out that the state of North Carolina had allegedly been using his videos online without his consent. While the parties entered into a settlement agreement, requiring the State to compensate Allen for the use of the copyrighted material prior to the settlement date, Allen found out that the State had continued to use Allen’s copyrighted works after the settlement agreement without compensation both online and in print. In addition, the State government passed a law making all photographs and video material of shipwrecks in custody of North Carolina public record and available for use without limitations. As a result, Allen filed this suit for declaratory judgment, arguing that the statute violates the Takings and Due Process clauses of the Constitution. While Judge Boyle found for Allen, the State has now appealed to the Circuit Court.