Dr. Robert E. Witt, President
The University of Alabama
Box 870100
Tuscaloosa, AL 35487-0100
Dear Dr. Witt:
I wrote to you on July 1, 2003 concerning the University's position that requires artists, such as myself, to license its trademarks when shown within the context of original works of art (my original letter is enclosed). I pointed out that Mr. Finus Gaston insisted that the even the football team's uniforms are protected marks—which clearly they are not. In an attempt to "strong arm" me, he told me that if I did not pay the University licensing fees on my artwork depicting Alabama sports, that he would have my sideline photographer's pass revoked—which he did, indeed. After this occurrence, I tried to work with him on two different projects. We were both in agreement that these two projects were "licensable." But, because I still refused to license my constitutionally protected original works of art, he denied me licensing for the two projects.
In a recent landmark lawsuit, Tiger Woods claimed that his likeness shown in an art print by Tuscaloosa artist and University of Alabama graduate Rick Rush, was a trademark and that Mr. Rush infringed upon such when he did not license it for usage in an art print by the artist. Tiger Woods lost the original suit (as well the appeal) because the judge ruled that: 1) Tiger's likeness was not a trademark; and, 2) even if it was, works of art are "protected speech" under the First Amendment.
It appears now that other universities are modifying their positions on the licensing of artwork so that they are Constitutionally sound. To verify this, I am enclosing an e-mail copy from another artist, Demming Bass, who posed the licensing issue to NC State.
Sadly the University of Alabama, my University, has found itself blocking the doorway of Constitutional Rights in the past. I hope that it will soon find itself on the right side of this one very soon. Thank you for looking into this serious matter. Please let me know when your review is complete.
Sincerely,
Daniel A. Moore, President
New Life Art, Inc.
