The IDA, along with the American Library Association, Association of Research Libraries, Association of College and Research Libraries and the WGBH Educational Foundation, recently filed an amicus brief with the US Court of Appeals Fourth Circuit regarding a copyright infringement case. Artist Frederick E. Bouchat won a copyright infringement case against the Baltimore Ravens professional football team and the National Football League for a team logo believed to have appropriated from his work. But the case, settled many years after the Ravens started playing, didn't stop there; a court recently granted an injunction that prevents anyone, including members of the Ravens organization, employees of the NFL, and filmmakers from NFL Films, from using any footage that includes the Baltimore Ravens-which constitutes years of team and NFL history.
Essentially, because of trade infringement found after the fact, someone who felt infringed upon is able to control and even negate documented history. This could have all sorts of far-reaching problems for filmmakers documenting any entity with any kind of copyright or trademark. As stated in the brief, "Requiring permission for uses like these would have a profoundly negative impact on free speech and expression. Rights holders would presumably demand some control over the way individuals or organizations are portrayed. But even if not, the cost of requesting, negotiating and obtaining permission for every copyrighted logo or other artwork captured as an incidental and necessary part of any real-life scene would often be prohibitive - or simply unimaginable. One shot of Times Square could require hundreds of negotiations. These obstacles would create a profound chilling effect on anybody who wants to create documentaries or any other work of nonfiction."
For a PDF of the amicus brief, click here.