A battle over the Philadelphia Phillies’ mascot highlights a copyright law provision allowing creators to reclaim their rights several decades after signing them away.
The team is 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. The Phillies—who unveiled a redesigned Phanatic costume Feb. 23—argue ...
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