Ravens Lose Copyright Suit

Fourth Circuit upholds jury determination

Baltimore, Maryland, October 4, 2000-- The Baltimore Ravens may be 4-1 on the football field but they are 0-2 in court, after a three-judge panel of the 4th Circuit Court of Appeals upheld a jury verdict that found the Ravens guilty of copyright infringement.

In 1995, before the Ravens announced its name or logo, Frederick E. Bouchat, an amateur artist and security guard from the Maryland area, created various designs for the new football team. One design in particular, was a "shield logo," which depicted a raven with outstretched wings holding a shield containing the letter "B" and the word "Ravens." Thereafter, in June of 1996, the Ravens unveiled their new logo, which was also a "shield logo" with a raven holding a shield. Coincidence? Bouchat did not think so. (Neither did the jury) In 1998, Bouchat filed a civil suit seeking $10 million in damages against the Baltimore Ravens and the National Football League Properties, Inc. for copyright infringement of the shield logo and several other designs.

To prove copyright infringement, a plaintiff must show first that he owned the copyright to the work that was allegedly copied, and second, that the defendant copied protected elements of the work [click here for definition]. Where direct evidence is lacking, (as was the case here), the plaintiff may prove copying by circumstantial evidence in the form of proof that the alleged infringer had access to the work and that the supposed copy is substantially similar to the authors original work.

The first element was satisfied as Bouchat obtained copyright registration for his shield drawings. The second element of access is where the legal battle began. Bouchat claimed he submitted his design to Eugene Conti, a Maryland State official, in 1995. Conti subsequently introduced Bouchat to John Moag, the then head of the Maryland Stadium Authority, who told Bouchat to send him his drawings so he could give them to the Ravens for consideration. Bouchat faxed his design to Moag, but he was never contacted by the Ravens.

Most important was the fact that Moag and Ravens owner Art Modell shared the same office space, this was enough for the jury to infer access, as Bouchat was only required to prove that Modell had access to the drawings by showing that he had the opportunity to view them. The court held that it was not necessary to prove that Modell actually saw the drawings. The "substantially similar" prong of the test was not in dispute. However, the Ravens contended that the logo was originally and independently created by the artists at NFL Properties in New York.

The Associated press reported that Ravens lawyer George Beall said that he will request a hearing before the full 11 member panel of judges. If the present ruling stands, a separate jury will determine how much Bouchat will receive in damages.

To read the case, click here.

Michele L. A. Rollins