Bouchat v. Baltimore Ravens is the copyright case in which an amateur artist and part-time security guard, Frederick Bouchat, proved that the Ravens and NFL Properties had copied his shield-and-wings drawing to create the team’s original “Flying B” logo, yet walked away with no monetary recovery. A second round of litigation, more than a decade later, held that showing the same logo in historical documentaries and stadium retrospectives was fair use.
How the Dispute Started
In the spring of 1996, the former Cleveland football franchise relocated to Baltimore and needed a new identity. Bouchat, who worked security at a state office building and drew on the side, sketched a shield with wings and a letter B and faxed it to the offices of the Maryland Stadium Authority. The team then released a “Flying B” logo that shared several features with his drawing.1Justia Law. 241 F.3d 350
The 1998 Infringement Verdict
A jury heard the liability phase in 1998. Testimony showed that Bouchat’s fax reached people with access to the team’s creative decision-makers, and the jury, comparing the two designs, found that Baltimore Ravens, Inc. and National Football League Properties, Inc. had used his work without permission. The Fourth Circuit affirmed the liability finding on appeal.1Justia Law. 241 F.3d 350
Why Bouchat Recovered Nothing
Winning liability was only half the fight. Under 17 U.S.C. § 504, a copyright owner can recover the infringer’s profits attributable to the unauthorized use: the plaintiff shows the infringer’s gross revenue, and the defendant then has to prove which portions came from other factors.2Office of the Law Revision Counsel. 17 U.S.C. § 504
Bouchat asked for a share of ticket sales, broadcasting rights, and merchandise revenue. The court kept ticket sales and television contracts away from the jury entirely, finding no logical link between those revenue streams and the logo. On the merchandise revenue that did reach the jury, the jury concluded that the profits were attributable to factors other than the infringement. The final damages award was $0.3Justia Law. 346 F.3d 514
The 2013 Ruling on Historical Footage
The fight resumed years later over the Flying B’s continued appearance in historical television documentaries, digital media narratives, and stadium exhibits. In Bouchat v. Baltimore Ravens Limited Partnership, the Fourth Circuit held that these uses were transformative and qualified as fair use. The logo was no longer functioning as a brand identifier for the current team; it appeared as part of the factual record of the franchise’s early years. The court also noted that restricting fleeting, incidental appearances of the logo would harm filmmaking and historical depictions. The NFL and the Ravens could keep showing the original logo in retrospective works without paying Bouchat.4Justia Law. Bouchat v. Baltimore Ravens Limited Partnership, No. 12-2543
What the Case Established
The Bouchat litigation is often cited for two ideas working in tandem. Proving infringement does not guarantee a payday: a plaintiff still has to tie the defendant’s revenue to the copied work, and courts will screen out revenue streams that have no logical connection to the infringement before a jury ever sees them. And once a logo passes into a team’s documented history, later uses of it to tell that history can qualify as transformative fair use rather than fresh infringement.