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11/4/09
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1 comment
EDITORIAL
Roll Tide for judge’s art ruling
Somewhere along the way, colleges and universities forgot that collegiate sports belong to the public. When they attempt to control certain aspects of the adulation fans shower on favorite teams, universities run afoul of the First Amendment to the Constitution and the goodwill of fans. That happened when The University of Alabama sued popular artist Daniel Moore in 2005 for the memorable plays he captures on canvas. The university argued those images belonged to The University of Alabama. Moore resisted, including paying a licensing fee to the university. A federal judge ruled this week Moore’s work didn’t infringe on any UA trademark as long as he uses no university symbols or logo. Trying to force Moore to pay for the privilege to paint memorable plays is as foolish as arguing Alabama’s red and white uniforms are distinctive colors that belong to the university. Athletic departments hire marketing experts to squeeze every dollar possible from adoring fans in their own form of corporate greed. The judge took note. “This court concludes that the depiction of the uniforms in the paintings is incidental to the purpose and expressing of the painting… The only relevance of the colors is to correctly depict the scene,” federal judge Robert Propst wrote. It is a good ruling we hope extends to photographers’ and writers’ work, also.
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I love the University of Alabama, but the pinheads down there who have interferred with Daniel Moore's pursuit of his artistic abilities defy reason. They can accumulate all the money in the world but if they kill the spirit what do they have?