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Saturday, May 03, 2008

NY lawsuit seeks damages for use of Norman Rockwell’s baseball illustration

Well, at least it ain’t Neiman’s Bay Area Baseball...which looks like the bloody stool my dog Scrunch just left on the carpet.

The owner of Norman Rockwell’s “Bottom of the 6th” _ showing three umpires looking skyward as first raindrops fall _ is steaming over the use of the classic illustration in the television series “The Bronx is Burning.”

Curtis Publishing Co. Inc. has filed a lawsuit in U.S. District Court in Manhattan seeking unspecified damages from ESPN Inc. and to stop it from rebroadcasting the series about the 1977 New York Yankees until it withdraws use of the painting.

“Bottom of the 6th” first appeared in the April 23, 1949 issue of “The Saturday Evening Post.” The original was donated to the Baseball Hall of Fame in Cooperstown, where it has been viewed by millions of visitors, the lawsuit said.

...Curtis sent an e-mail to ESPN lawyers notifying them that ESPN did not have a license to use the painting and was committing willful copyright infringement, the lawsuit said.

The lawsuit claims Curtis will suffer damage to its business, including loss of its reputation for exclusive ownership of its copyrighted catalog of illustrations.

Repoz Posted: May 03, 2008 at 02:13 PM | 12 comment(s)
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   1. JRVJ (formerly Delta Socrates) Posted: May 03, 2008 at 02:28 PM (#2767835)
Somebody's going to get fired over this....
   2. Charlie O Posted: May 03, 2008 at 04:15 PM (#2767921)
Does anyone here besides me have a print of this on the living room wall?
   3. kevin Posted: May 03, 2008 at 04:20 PM (#2767926)
Good one, Repoz. I love the skinny legs Nieman slapped on Dave Parker in that one. Parker must have slipped Nieman a Benjamin to do him that way.
   4. danup Posted: May 03, 2008 at 04:25 PM (#2767940)
Someone should sue Curtis for turning the Saturday Evening Post into an bimonthly pharmaceutical ad anthology.
   5. Ryan Posted: May 03, 2008 at 07:49 PM (#2768095)
Does anyone here besides me have a print of this on the living room wall?

I have it in my office at home, along with The Dugout. I also have a print of The Rookie but I haven't gotten it framed yet.

If there are any Blue Jays fans who want to show their support for the team in an inconspicuous way, this print by Carl Brenders is great. It's framed and on one of my walls at home.
   6. Vaux, A.B.D. Posted: May 03, 2008 at 09:31 PM (#2768179)
Uh. . . how about they just license it now, then? But if what they're showing is the magazine cover, not the painting itself, then . . .

What idiocy.
   7. Primakov Posted: May 04, 2008 at 01:19 AM (#2768290)
If there are any Blue Jays fans who want to show their support for the team in an inconspicuous way, this print by Carl Brenders is great. It's framed and on one of my walls at home.


That's awesome. Too bad red socks don't naturally occur in the wild.
   8. Halofan Posted: May 04, 2008 at 04:27 AM (#2768317)
The feds just settled with an artist in L.A. for $1 million for painting over his mural - damned if you show it, damned if you cover it up!
   9. Moscow Hiding In The Shadows Posted: May 04, 2008 at 05:57 AM (#2768325)
As someone who's spent many years acquiring licenses for making posters out of old college football program covers, I find it kind of ironic that a magazine which in its last years was such a spectacular money loser has been able to parlay a bunch of its old covers (for which it probably paid Rockwell a relatively modest flat fee) into a source of perpetual permanent income. Not that there's necessarily anything wrong with that, but in hindsight it does make me wonder why Rockwell---an artist with presumably quite a bit of leverage---wouldn't have demanded the retention of all reproduction rights, or a least a percentage of any future royalties.

Of course it's also highly likely that in 1948 nobody would have ever dreamed that there would be such a market for things like this. Although in my business I have to obtain licenses on three or four different levels in order to market my football posters over the net, the fact is that with a grand total of 3 exceptions* out of well over 100 schools, prior to the late 1970's none of the colleges ever once thought of copyrighting any of those programs, either the covers or the contents. The only reason that we've had to run the licensing gantlet has to do with the use of the school names, and nothing to do with any copyright issue per se.

A further irony is that many of these covers were drawn by some of the biggest name illustrators in history, who at the time probably received at most a flat rate of a few hundred dollars for their efforts, if that. None of those artists ever thought of holding onto the rights of those illustrations, either. At the time these now rather priceless artifacts were viewed as the purest of ephemera, one day phenomena whose fate was to be swept off the stadium floors by the thousands, and thrown into the campus incinerator once the game was over. Who knew?

*Harvard, Yale and Princeton, naturally
   10. KingKaufman Posted: May 04, 2008 at 12:03 PM (#2768404)
That's awesome. Too bad red socks don't naturally occur in the wild.

White socks do. As do Orioles and Tigers etc. Me, I'm an Athletics supporter, so framed on my wall is ...
   11. Cabbage Posted: May 04, 2008 at 03:34 PM (#2768523)
He was an artist, not an illustrator!
   12. Charter Member of the Jesus Melendez Fanclub Posted: May 04, 2008 at 04:11 PM (#2768553)
Fair ####### use
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