Copyright Infringement or Fair Use?

This is a logo drawn by Frederick Bouchat in 1995 and submitted to the Baltimore Ravens as a potential logo for their team. In return, Mr. Bouchat wanted a letter giving him credit for the logo design and an autographed team helmet.  This didn’t seem like much to ask considering he was the designer of the logo.

Now, this is the design used by the Baltimore Ravens in their first three seasons as well as a documentary film following the team.  Do you see any similarities?  Absolutely, there is no question that this is an almost duplicate version of the logo designed by Frederick Bouchat in 1995.  Now, despite the fact that he was not credited with the design nor did he receive his autographed team helmet, does he have a legal right to sue for copyright infringement?  Not only does he have the right, but also he has actually tried to sue the Baltimore Ravens numerous times since 1995 over copyright infringement.  Yet, my most pressing question is, why does Hollywood care?  Why are they involved or have any say in this matter whatsoever? 

If you ever find yourself wondering what is the root cause of most lawsuits, or why such a large entity such as Hollywood gets involved in anything, follow the money!  The only interest Hollywood has in this case is the fact that if Bouchat happens to win this case, it will cause problems, financial in nature, for every Hollywood film using logos and other copyrighted material in their films.  Fair use, which is the ability to use copyrighted material in non-profit, educational purposes, is the defense mechanism being used against Frederick Bouchat in order to avoid repercussions from a lost lawsuit.

According to an article posted on Stanford.edu, a win for Bouchat concerning the copyright materials in the documentary film could pose a real threat to documentary filmmakers, news organizations and public broadcasters.  This certainly is true as fair use allows certain copyrighted material to be used when educating or discussing historic events.  Regardless of my opinion, or what anyone thinks the outcome should be, Bouchat feels as if his copyright infringement rights have been violated but he may have to settle for the fact that the Baltimore Ravens have changed their logo and they are no longer using his version of the logo in their advertisements or documentaries.

Although Bouchat has received recognition for his version of the Baltimore Ravens logo, he never received monetary compensation.  As a filmmaker and a student currently studying Sports Management, I agree with both sides of the case.  I agree that Bouchat should have received his recognition in the beginning and when he wasn’t, he should have received monetary compensation after winning his lawsuit.  I also agree with the Baltimore Ravens and the MPAA, this case shouldn’t allow Bouchat to dictate whether or not the logo appears in the documentary or video games because it could change the entire dynamic of Fair Use when it comes to copyrighted materials used correctly under this law.