Using Copyright, the NFL Keeps Tight Lid on Football History

One key and interesting concept in copyright law is how a person could have (tangible) property rights over a cultural work, say a 1960s film of the first Super Bowl, and yet not have the right to sell or screen it.

This is exactly what’s happening to a very–or somewhat–lucky guy, Troy Haupt, who inherited a pair of two-inch Scotch tapes containing footage of the very first Super Bowl. The tapes had been estimated at $1million, which is what Haupt asked the NFL for in exchange for the tapes. The NFL told Haupt to take a hike, and furthermore, sent a letter to Haupt’s attorney threatening legal action should Haupt opt to sell his tapes to a third party. “Since you have already indicated that your client is exploring opportunities for exploitation of the N.F.L.’s Super Bowl I copyrighted footage with yet-unidentified third parties,” Dolores DiBella, a league counsel, wrote, “please be aware that any resulting copyright infringement will be considered intentional, subjecting your client and those parties to injunctive relief and special damages, among other remedies.”What to do? Public shaming has worked for some, but something tells me the NFL just doesn’t give a damn.

Tags: Art Law, control, Copyright, intangible, national football league, nfl, Property, tangible, Troy Haupt