Dallas Cowboys Pay $275,000 for Single Emmitt Photograph

[WoodysGirl]

Team Used Famous Emmitt Smith Picture Without Permission

Monday June 6, 1:34 pm ET

DALLAS, June 6 /PRNewswire/ -- The following press release was issued today by Davis Munck, P.C.:

The Dallas Cowboys have agreed to pay a local photographer $275,000 to settle the lawsuit he brought after the Cowboys organization used one of his copyrighted pictures without permission.

Photo: http://www.newscom.com/cgi-bin/prnh/20050606/DAM034 )

Walter Smith, of Impact Images, captured the image of Cowboys running back Emmitt Smith kneeling on the star in the middle of Texas Stadium during a game against the San Francisco 49ers on September 28, 2000. Emmitt struck his pose just after 49er wide receiver Terrell Owens did a post-touchdown dance on the star, in a game San Francisco eventually won, 41-24.

Walter Smith provided the Cowboys organization with a digital file of his photograph, which the team considered using on season tickets. Though the Cowboys ended up choosing another design, the team eventually bought 250 copies of the picture -- bearing the photographer's copyright -- for resale to the public.

Then, without seeking his permission, the Cowboys began using the image of Emmitt and the star on t-shirts, sweatshirts and other items. The photographer discovered the copyright infringement himself, when he stopped by a Cowboys booth at the State Fair of Texas, and saw Cowboys merchandise adorned with his picture.

"Essentially, the Cowboys organization stole Walt's paycheck," says Jim Davis of Davis Munck, P.C., in Dallas, who represented the photographer in his case against the team. "Taking pictures is how he makes a living. The Cowboys knew this because they had purchased copies of the photograph to sell in their pro shops. Apparently, they thought they could use the image on their merchandise without paying Walt. I'm quite certain they don't think that anymore."

Under terms of the settlement, submitted to a federal district court in Dallas, the Cowboys agreed to pay Walter Smith $275,000 and to cease using the image in any promotion or advertising. Also included in the settlement is a clause that bars Walter Smith from returning to Texas Stadium to take photographs in the future. The team also tried, but failed, to bar him from Dallas Desperados games.

"For the Cowboys to add insult to injury by closing their gates on Walt tarnishes the very star Emmitt Smith was trying to defend," Mr. Davis says. "It's just plain vindictive. If anyone should be angry about what happened, it should be Walt Smith. He's the one whose property was taken and used without permission."

Davis Munck, P.C., is a Dallas-based law firm focused on serving the technology industry and other businesses driven by innovation. The firm represents clients from start-ups to Fortune 100 companies in high-stakes commercial litigation, corporate transactions and business formation, employment and intellectual property law.

For more information on the $275,000 photograph, contact Mark Annick at 800-559-4534, pager 214-967-2299, or mark@legalpr.com .

http://biz.yahoo.com/prnews/050606/dam034.html?.v=15

[Crown Royal]

Originally Posted by Woody'sGirl

Under terms of the settlement, submitted to a federal district court in Dallas, the Cowboys agreed to pay Walter Smith $275,000 and to cease using the image in any promotion or advertising. Also included in the settlement is a clause that bars Walter Smith from returning to Texas Stadium to take photographs in the future. The team also tried, but failed, to bar him from Dallas Desperados games.

"For the Cowboys to add insult to injury by closing their gates on Walt tarnishes the very star Emmitt Smith was trying to defend," Mr. Davis says. "It's just plain vindictive. If anyone should be angry about what happened, it should be Walt Smith. He's the one whose property was taken and used without permission."

Then don't agree to the settlement.

[Falcon]

I am sure this was an unintentional thing on the part of the Cowboys. My question is did the photographer notify the Cowboys of the issue or just bring a public suit. If the later, I don't blame them for banning him. If the former, they are quite unjustified.


What is the going rate for such pictures? Flat fee? Percent of revenues?

[WoodysGirl]

Originally Posted by Falcon

I am sure this was an unintentional thing on the part of the Cowboys. My question is did the photographer notify the Cowboys of the issue or just bring a public suit. If the later, I don't blame them for banning him. If the former, they are quite unjustified.


What is the going rate for such pictures? Flat fee? Percent of revenues?

A combination of both, probably. Pay a licensing fee and then a royalty payment based on agreed upon percentage of revenue.

This is the first I've heard of this suit, so I'm not sure of the all details.

[Cowboys22]

Honestly, I don't see many reasons the Cowboys should be upset with the photographer. Thats how he makes his living and he was lucky enough to be there and take that picture. He deserves to be paid whenever someone wants to use it. What I don't really understand is how this guy can have the only photo of that moment. I bet at least 500 people got a photo of that and certainly NFL Films has it on video. The only thing I can see being upset about may be the amount of money the guy was suing for. I don't know what a picture like that is really worth but I'm sure they made a ton of money on those photos and t-shirts. I think barring him from the games is a total D*ck move unless him and his lawyers have been totally unreasonable about their demands.

[TheSkaven]

It's funny that the photographer is complaining from one side of his mouth while gladly taking the $250K+ and stuffing it into his back pocket. If he disagreed with the settlement, he shouldn't have accepted it, simple enough.

[kmd24]

The ban was probably a negotiating tactic by DC lawyers inserted to get the settlement amount reduced, but the photographer called their bluff. I doubt it was vindictive in nature.

[wxcpo]

Sure this was a vindictive move and anyone who doesn't see that is being naive.

C'mon the Cowboys got caught with their hand in the cookie jar and got called on it in a public forum and that pissed Jerry off. So what does he do to get even? How does this guy make a living? He takes pictures, so Jerry takes away his ability to make any future money taking pictures of his team by barring him from Texas stadium for picture taking purposes.

I'm sure the photographer knows what he's doing and probably figured that the $275k was more money than he could make taking any future pictures of the team or it's players.

[Silverstar]

Take the money and run!

After all, Emmitt is retired now and will never play again anyway.



Get the picture.

[Casino Cowboy]

I played football for Plano Senior High, and Walt was at every game taking pictures. He is a really nice guy, and I am happy he was able to get his settlement. I don't blame the Cowboys for banning him, because I am sure they don't want to deal with him anymore. It's just buisness, I have no idea what the going rate for a picture is, but I am sure it isn't 250K. I think he can be upset that he can't take pictures there anymore, but for 250k I am sure he isn't that upset.

[The Curly One]

The lawyer will get all of the rest. They work off of a 25 or 30% commisiion but they charge for all of collection fees, courier fees, court fees and every other fee they can from the top. Their commision comes from what is left if any. There is not much left when a lawyer gets done. I quarentee it.
Sure the Cowbaoys may pay $275,000 but now way will the photographer get any where near that much actual. Curly

[jksmith269]

Originally Posted by WG

Dallas Cowboys Pay $275,000 for Single Emmitt Photograph

this title gives the impression that atleast the boys now own the Picture which they don't, heck they can't even sell that shirt anymore.

[WoodysGirl]

Originally Posted by jksmith269

this title gives the impression that atleast the boys now own the Picture which they don't, heck they can't even sell that shirt anymore.

Who cares? That was the headline of the article if you hadn't noticed. If I'm posting an article, then 9 times out of 10, I'm going to put the headline in the title thread.

[jterrell]

The team did buy the photograph for limited use and then apparently used it in another fashion. Is that worth 275K? I dont think so.

A photographer allowed to film the players and team is only cutting his own wrists with a move like this. How much revenue has he made lifetime off of Cowboy photographs?

Vindictive? Geez. Try common sense. I dont want anyone around that is gonna sue me. He didn't have to agree to the deal but he did. I am sure they offered a lower deal without the banning. He chose the cash option. Forget him.