Sunday, July 12, 2020
 

Who owns this baseball mascot?

The Philadelphia Phillies are battling with Harrison/Erickson Inc., which sold the rights to the Phillie Phanatic costume in 1978 and renegotiated its deal in 1984. Harrison/Erickson initiated a reclaim bid under a Copyright Act provision that allows creators to reacquire their creations 35 years after inception regardless of prior contracts. The fight could add to sparse case law around the termination rights language, which took effect in 1978.

 

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