Any given Sunday – Fourth Circuit makes the call on fair use

Description

Abstract: When an artist’s drawing was “mistakenly” used in the production of a professional football team’s logo during the team’s first seasons, the Fourth Circuit affirmed a jury’s verdict that the artist’s copyright had been infringed. The artist subsequently sought an injunction prohibiting all current uses of the logo and requiring destruction of all items with it, including several highlight films. The defendants claimed fair use. This article discusses the four factors that may be used to determine whether a particular use is fair. Although the court decided in favor of the plaintiff, a sidebar discusses how it ruled differently regarding use of the logo in the team’s headquarters. Bouchat v. Baltimore Ravens Limited Partnership, No. 08-2381, Sept. 2, 2010 (4th Cir.)