Several readers have asked for our thoughts regarding the news that the Cincinnati Bengals threatened to sue a fan-run blog for copyright infringement.
If we’re being honest (and we always are, except when we’re not), the phrase “better them than us” was the first thought that came to mind.
Then again, what happened in this case wasn’t arbitrary. StripeHype.com got sufficiently close to the line to trigger a cease-and-desist letter, apparently by using images and logos that infringed on the team’s copyrights. And though we’ll defer to the experts in copyright law who’ll hopefully post their views on the matter below (without charging us), it’s our understanding that if a company that owns a copyright is aware that someone is infringing on the protection and fails to act, the copyright could be jeopardized.
So the challenge for any media company (web site, newspaper, magazine, or otherwise) is to acknowledge and respect the legal protections belonging to other persons or companies. Though some of our ads contain NFL logos and other copyrighted materials that the companies like Sprint and Bank of America (and, you know, the NFL itself) have a license to use, we never have — and never will — incorporate into the design of the site images or logos that would potentially encroach upon the rights of the NFL or any of its member clubs.
This is hardly a new phenomenon. We can’t find a link to it, but we clearly recall the Bengals pulling the same routine with a similar web site several years ago, back in the days when web sites were simply called “web sites” and not “blogs.” And for those of you (like me) who are old enough to remember the Topps football cards of the early 1970s, the logos on the sides of the players’ helmets weren’t obscured with what looked to be a felt-tip pen that had been left in a sauna without a cap for the aesthetics. Topps didn’t have an NFL license, and thus Topps couldn’t put the NFL logos on its products.
(UPDATE: Here’s the link to the story about the Bengals’ assault against the site known as mikebrownsucks.com.)
While it’s easy to pick on the Bengals (and fun, too), they actually are doing the smart thing by ensuring that its rights to the logos and images are protected. Though they might have gone about it differently (perhaps by explaining nicely to the folks at StripeHype.com that the rights needed to be asserted in order to prevent the rights from being jeopardized), we tend to think that the move itself reflects prudent business judgment.
Then again, we also think the Bengals’ logos and uniforms are hideous, so maybe they’d be better off to lose the copyright protection and start from scratch with something else.
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May 7th, 2008 at 10:32 pm
It’s fun to make funny’s regarding the Bengals. But, The Bengals have been the ohe Super Bowl. Let’s see, that puts them above the Cards (Who are the all time Low), The Lions (Who compete in the SuperBowl of Suck with the Cards), New Orleans, Houston, CLeveland and Jacksonville. Jacksonville being the best out of those but we have no clue how long they will be in Jacksonville. So to some it up, Even though the Bengals are to be laughed at, It isn’t the franchise as much as it is the management. So lets make less fun of the Bengals and turn to those franchises that deserve it. That means you Az, DET, H-Town, and Cleveland. New Orleans’ Katrina exemption is running out by the way.
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May 8th, 2008 at 2:04 am
So, a fan site can’t use a logo of the team they are covering or blogging? Even if they have given the team credit for the copyrighted logo?
Yes, it’s smart business for them to cover their bases. I’m not denying that. But it is RETARDED.. Let me repeat.. WE-TODD-DID to go after, legally, a fan site/blog. Cut a deal with them by giving them written permission, which, by the way, they refused to after stripehype.com’s blogger asked for mulitple times.
The Bengals organization, GM and up, all need replacing.
Now.
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May 8th, 2008 at 9:50 am
Name me one entity that allows its respective trademark/copyright to be published/commerced without its explicit permission and/or financial agreement
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May 8th, 2008 at 11:19 am
The Bengals don’t have a GM. They have a “president”, who not coincidentally also happens to be the “owner”. Funny that it’s Jerry Jones that catches all the flack for doing double duty like that, in spite of the fact that Brown was born into his position, and Jones got to where he is the old fashioned way. He worked his ass off, gathered up his nickels, mortgaged himself to the facelift scars and bought a team. Then went out and won as many Super Bowls in 7 years as the Bengals have winning seasons in the last 21 years.
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