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Copyright Scenario

Jim Clark, an artist in Birmingham, submitted his logo design for the Birmingham Cougars football team, and the Cougars used a logo design that was very similar to Clark’s design for their team logo during the 1996–1998 seasons. Clark sued the Cougars for copyright infringement for using his design as their logo without his permission, and the court ruled that the Cougars had improperly used Clark’s design for their logo and had infringed on his copyright of that design.
The Cougars changed their logo for the 1999 season, but they started showing highlight films from their 1996–1998 seasons in their stadium, on their website, and on their television channel, and the logo that Clark had designed and that the Cougars had improperly used during those seasons appeared in the highlight films.
Clark sued the Cougars a second time, alleging that the appearance of the logo he designed in the highlight films was, again, copyright infringement.
The Cougars assert two defenses to Clark’s claim of copyright infringement the second time around.
The Cougars contended that their use of the 1996–1998 logo in the highlight films was protected by the fair use doctrine.
Since Clark and the Cougars were both citizens of Birmingham, there was no commerce among the states or interstate commerce involved, so Congress had no authority to make laws that protected Clark’s copyright.
In a two-page case study, address the questions below.
Is the Cougar’s use of the logo on the highlight films protected by the fair use doctrine?
Is the Cougar’s claim that Congress does not have the power to regulate copyright within a single state valid?
As you answer these two questions about the Cougar’s use of the logo, explain how the evolution of the Commerce Clause of the Constitution of the United States affects businesses and the Cougars in particular. Also, be sure to address the categories of intellectual properties protected by the Constitution of the United States.
Your case study should be at least two pages in length and include at least two outside sources. Be sure to use APA formatting for all citations and references. Please note that no abstract is needed.
The Legal Citations tutorial may be helpful in citing legal documents.

Sample Solution

be taken during sporting activities, in order to prevent the risk of injury, by creating measures to minimise and control risk to participants and this must be applied to the appropriate policies in order to manage the risk. Secondly, the development of a sport must be obvious within the increasing international competing levels. NGBs would have to specifically create a plan depicting a way to achieve maximum success in terms of participation levels and concentration on the sport itself including its development however containing attention on membership base but focusing on the actual sport itself. The intention of this plan is to ensure transparency for the goals and development of not just the organisation but for the benefit of its participants, officials, coaches and volunteers. Additionally, with the sporting development, the organisation vision and development become detrimental in the progress of these organisations into recognised sports. The visions and developments required are firstly the maintenance of its structure to promote its effectiveness. As well as, the demonstration of a clearly defined strategy for the development of its organisation. Again, to maintain the relevant regulations and preserve utmost effectiveness. Lastly, the sport must be novel, this means the activity cannot contain characteristics of any existing sports combined or one itself. There may be exceptions to sports that are similar to another but have gained enough detached recognition to be recognised without correlation. Moreover, if they have reached that standard of acknowledgment, they are more likely to apply to sports that are already legally recognised. Then, if all the criteria is completed and sustained the NGB would apply recognition in a Home Country jurisdiction the assessment and decision is completed by the Home Country Sports Council for that jurisdiction. The Home Country Sports Council evaluates all applications for NGB’s for the UK, GB, Olympic or Paralympic NGB’s. A recommendation is then sent to the UK Recognition Panel, who make another recommendation on the decision, to each appropriate board depending on jurisdiction of the applying organisation. If the application criteria is therefore fully successful it ’becomes listed as the recognised NGB and subject Appeal to conditions of recognition.’ However, if as a NGB is refused at any point of the application process, you are able to reapply after a certain time period which is determined by the UK Recognition Panel. Occasionally, there are exceptions where an application does not meet all of the conditions to complete the full application but is accepted on the terms of its completion before the end of the process.

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