The Baltimore Ravens and the National Football League are asking the Fourth Circuit Court of Appeals to reverse the December 2012 decision of a Maryland federal judge in a long-running copyright dispute with Franklin Bouchat. The decision at issue entered an injunction that prevents the Ravens and the NFL from selling or showing clips in which the old “Flying B” logo is visible. The injunction does allow the two entities to use the logo, but, if they do, they must first pay Bouchat royalties. The judge set the royalties at a one-time fee of $721.65 for all future sales of highlight reels and $100 for each clip shown at future Ravens home games.
The Flying B logo, used by the Ravens from the1996 season through 1998, was allegedly a ripped off of a design that Bouchat created in 1995. This dispute has generated nine separate lawsuits against multiple parties including the Ravens, the NFL, and NFL licensed merchants. The current case was back before the district court on remand from the Fourth Circuit. Originally, the district court held in favor of the Ravens and NFL, stating the use of the logo was protected by the “fair use” doctrine. The Fourth Circuit disagreed and reversed and remanded the case to determine if an injunction could be granted.
In their recent brief submitted to the Fourth Circuit, the Ravens and NFL argue that the lower court judge went too far. They assert that the “reasonable compensation” awarded to Bouchat was an unprecedented move by the court because Bouchat sought only an injunction, not royalties. The Ravens and the League argue that the injunction, triggered by the nonpayment of royalties that weren’t requested, is something that has never been done in copyright law before.
Since the designer did not request royalties, the parties are also challenging the court’s calculation of compensation. The two stated that “it is well-settled that before a court can calculate a hypothetical royalty rate…”, the copyright holder (Bouchat) must first demonstrate the design’s fair market value. Bouchat did not do this because it was not required to receive the requested injunction. The Ravens allege that the judge came to the compensation figure by relying on “hypothetical negotiations between the parties.”
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NFL, Ravens Ask 4th Circuit To Nix Logo Designer Royalties (subscription required)