Artist Wins Copyright Fight Over Ravens Logo

     (CN) - An amateur artist who created the original Flying B logo for the Baltimore Ravens won his copyright battle with the team after the 4th Circuit ruled that his copyright was violated by the commercial use of his image in highlight reels.
     The three-judge panel reversed a Baltimore Federal Court ruling that the commercial use of the image in highlight reels were historical and "fair use."
     The panel also ruled, however, that the Ravens can use the image in a historical display in its office, because that constitutes noncommercial use.
     Frederick Bouchat created the logo, which was used by the team from 1996 to 1998. He accused the team of stealing his idea, and although a jury ruled in his favor, it refused to award him the $10 million he requested.
     The Ravens claimed the use of the logo on uniforms and captured in highlight reels is historical. The circuit rejected that notion.
     "Simply filming football games that include the copyrighted logo does not transform the purpose behind the logo's use into a historical one," Judge Blane Michael wrote. "The films simply capture highlights of three Ravens seasons and necessarily portray the Flying logo as it was actually used - to identify the Ravens team."
     In his dissent, Judge Paul Niemeyer said Bouchat's "is trying to hold the Ravens' history hostage for ransom." He continued: "In short, if fair use is not now recognized in the transformative use of the Flying B logo ... the policy of the Copyright Act ... will not only be frustrated, but the consequence of any remedy against the Ravens and the NFL will be unreasonable and unequitable."

Littering Conviction of
Border Aides Canned

     (CN) - The 9th Circuit overturned the conviction of a member of the "No More Deaths" border aid organization, ruling that the group's practice of placing bottles of water in the desert along immigrant paths does not constitute littering.
     To help prevent the deaths of immigrants who are illegally trying to enter the United States, members of No More Deaths place gallon-sized bottles of water along paths that run through the Buenos Aires National Wildlife Refuge.
     Daniel Millis and three other volunteers were caught leaving the water by officers from the U.S. Fish and Wildlife Service, and Millis was given a citation for disposing waste in a national forest.
     The district court convicted him on the charge despite Millis's argument that the group was engaged in humanitarian aid by leaving the bottles and that "humanitarian aid is never a crime." Millis also argued that the group picked up the empty bottles.
     On appeal, a 2-1 majority based in Las Vegas ruled that under the definition of garbage, sealed bottles of water meant for consumption did not constitute disposal of waste.
     "Millis likely could have been charged under a different regulatory section, such as abandonment of property or failure to obtain a special use permit. However, that is not the question presented here," Judge Sidney Thomas wrote for the majority.
     In a dissent, Judge Jay Bybee wrote, "Under the majority's definition, any number of objects, for example, sleeping bags, packaged food, clothing, flashlights, plastic bags, or shoes can be left in the wildlife refuge without incurring liability merely because someone thought that the discarded item might be useful to the next person passing through."