Case 8: Bouchat v. Baltimore Ravens LLP , 619 F.3d 301 (2010). Frederick Bouchat

Question

Case 8: Bouchat v. Baltimore Ravens LLP, 619 F.3d 301 (2010).

Frederick Bouchat owns the copyright on a 1995 drawing that contains what will be referred to here as the Shield logo. Bouchat proposed the Shield logo for use as the team logo of the Baltimore Ravens, a National Football League (NFL) team, but he and the Ravens did not arrive at a licensing agreement. Yet during the 1996, 1997, and 1998 football seasons (the first three seasons for the team), the Ravens used a team logo - known as the Flying B logo - that was very similar to the Shield logo. The Flying B logo was displayed on the side of the helmets worn by Ravens players, was painted on the team's home field, and was printed on flags, hats, tickets, and other assorted objects. Merchandise produced and sold with the NFL's authorization - but without Bouchat's authorization - also displayed the Flying B logo. In 1999, the Ravens switched to a different team logo.

In earlier stages of litigation brought by Bouchat against the Ravens and the NFL, the defendants were held liable for copyright infringement in regard to the uses described above. In the particular aspect of the litigation that is relevant here, Bouchat sought an injunction barring the depictions of the Flying B logo in the 1996 through 1998 season highlight films, whose production and sale involved and benefited the Ravens and the NFL. Evidence presented to the federal district court revealed that the NFL sold Ravens highlight films of the 1996, 1997, and 1998 seasons to members of the public. The films were shot during and produced shortly after each season, and they had not been edited since their first release for sale. The Ravens organization also played a short highlight film from the 1996 season on its large video screen during home games. The highlight films contained actual game footage. The Flying B logo was displayed in the films just as it was during each game - primarily on the helmets of the Ravens players. The logo also appeared occasionally in the films' graphics and interview backdrops.

Bouchat also sought an injunction barring another use of the Flying B logo: a use in the lobby of the Ravens headquarters. The logo appeared in a collage depicting the history of the Ravens. The collage included photos that showed the logo on Ravens helmets, as well as a sheet of old game tickets displaying the logo. The defendants argued that the uses of the logo in the highlight films and in the lobby constituted fair use. The parties agreed to submit the case to the district court for a bench trial on the fair use question.

TRUE OR FALSE WITH EXPLANATION:

1. Bouchat’s ownership of the copyright to the Shield logo, sustained earlier in the litigation, is protected for the artist’s life plus 70 years.

2. The Baltimore Ravens’ highlight films of seasons in which they used a logo substantially similar to Bouchat’s copyrighted logo did not constitute fair use, because the use of the Shield logo is essentially the same as the use during the team’s football games: promoting fan interest in the football team and ticket sales.

3. The use of copyrighted Shield logo in the highlight films is minimal, considering the dramatic editing, music and narration in the highlight films, which constitute a transformative use of the logo.

4. The depictions of the Flying B logo in photos of Ravens football players displayed in the lobby of the Ravens corporate headquarter constitutes fair use, because the purpose of the display is not commercial, but informative and historical.

5. The inclusion of the Flying B logo in the highlight films of the Ravens football games is a direct infringement of Bouchat’s copyright.

1. Bouchat’s ownership of the copyright to the Shield logo, sustained earlier in the litigation, is protected for the artist’s life plus 70 years.

2. The Baltimore Ravens’ highlight films of seasons in which they used a logo substantially similar to Bouchat’s copyrighted logo did not constitute fair use, because the use of the Shield logo is essentially the same as the use during the team’s football games: promoting fan interest in the football team and ticket sales.

3. The use of copyrighted Shield logo in the highlight films is minimal, considering the dramatic editing, music and narration in the highlight films, which constitute a transformative use of the logo.

4. The depictions of the Flying B logo in photos of Ravens football players displayed in the lobby of the Ravens corporate headquarter constitutes fair use, because the purpose of the display is not commercial, but informative and historical.

5. The inclusion of the Flying B logo in the highlight films of the Ravens football games is a direct infringement of Bouchat’s copyright.

Explanation / Answer

1. True. As per the Copyright law, the copyright access remains with the owner/author for the life of the author plus 70 years. This is done to protect the rights of the copyright owner from any kind of unlawful reproduction of his work.

2. True. The use of copyrighted material, in any form, without prior legal permission for promotional events does not come under fair use. Fair use allows usage of copyrighted material for news reporting, teaching and research purposes.

3. False. Under fair use, a work is considered as transformative if under it, the copyrighted material is utilized in a completely new manner. The use of Shield logo in the film is again for promotional purpose and thus cant be considered as transformative.

4. True. Fair use allows usage of copyrighted material for news reporting, informative, teaching and research purposes.

5. True. The usage of copyrighted material for promotional purpose, without taking prior permission, is a direct infringement of copyright law.

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