Archive for the ‘Intellectual Property’ Category

University of Alabama Loses Copyright Lawsuit

Tuesday, November 3rd, 2009

One of our attorneys is a graduate of the University of Alabama Law School and a fan of the Alabama football program.  He recently came across the interesting article linked below.  Pretty much everyone familiar with the University of Alabama’s football program is also familiar with the work of Daniel Moore, an incredibly talented artist who captures many great moments in Alabama football history in oil paintings.

While surfing the  web for the prospects that  Daniel Moore might capture Terrance Cody’s block of the University of Tennessee’s last second field goal attempt in the Crimson Tide’s October 24, 2009 defeat of the hated Volunteers, our attorney found this article about the University’s ongoing battle with Daniel Moore over his paintings. The University of Alabama believes Mr. Moore has violated the University’s copyrighted emblems or marks by simply painting the action on the field.  Mr. Moore has asserted that he is much like an Associated Press photographer who snaps the action with a camera and reproduces the images without securing permission from the University beforehand.  U.S. District Judge Robert Propst sided with Mr. Moore and disagreed with the University’s argument, asserting that the mere rendition of the University of Alabama football uniform and associated game imagery is not a violation of the University’s protected marks, even though the artist’s rendition is sold commercially and, often, for significant money.

It appears Mr. Moore may now proceed with his rendition of “Rocky Block. ”

When you get to Rocky Top, what do you see? The bottom of Mount Cody.