Cowboys to settle suit with photographer

[markperez]

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.

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(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.

[Steelsun]

Nice that he is getting $$$ out of the deal, but he should never had agree to the bar from the games.

[Joe_Lorenzini]

This is great news for photographers. As for the ban, I think it's a bit silly on the Cowboys part but if you read it, it states he's banned from "Texas Stadium". Since the "boys" are moving soon it's only a matter of a few years before he can attend games again or am I reading this wrong?

I do love the blurb about the Desperados (sheesh!)

Maybe the Cowboys are trying to send out a signal to other organizations to watch out for this guy, maybe he hired a lawyer without talking with the Cowboys first (regarding unauthorized use). I'd sure like to hear his side of the story.

Either way it makes for bad Cowboys PR...

[brad]

Sounds like Jerry Jones' vindictive streak to me... nothing he does surprises me.

And I imagine that the "Texas Stadium" language is the reporter's not the agreement's.... I imagine that language is a lot stronger.

Its good to see the courts upholding the rights of a "little guy" on this one.

[DougOrama]

DANG! Nice payday! I agree about the stadium ban, though. I would have taken $50,000 and a guaranteed lifetime photo pass for every Cowboys game, including playoffs and Superbowls.


Jerry...give me a call.


Doug

[Steelsun]

He is probably banned from home games of the Cowboys. They could not ban him from the away games, since those stadiums (stadiaii?) are controlled by the other teams. On the other hand the NFL (greedy B-tards) could.

[doctahjones]

i know this is an OLD thread, but i wonder if walt can get into the new stadium, since it's not "texas stadium" anymore? :)

[Daniel Bates]

Why don't you ask him?

[doctahjones]

hah sweet! i emailed him.