NEW YORK -- The federal magistrate judge ruled that the Phillie Phanatic mascot's changes last year by the Philadelphia Phillies were sufficient to permit its continued use by club members.
U.S. Magistrate Sarah Netburn, Manhattan, ruled that the Phillie Phanatic creators had shown that the mascot was registered under copyright law as an artistic sculpture in a 91-page ruling.
Netburn suggested that Harrison/Erickson be acknowledged as the sole creators of the Phanatic. He also stated that the company had the rights to terminate the 1984 Phillies agreement to acquire rights. H/E did this on June 15, 2020.
In February 2020, the Phillies revealed a redesign of their green mascot. This new design features flightless feathers instead of fur-colored arms and stars outlining the eyes. A larger posterior, powder blue tail, red socks, and scales under the arms.
Netburn stated that H/E claim P2 is not original, arguing that it is either the "same old Phanatic" or a "slavish copy" of P1. "If the Phillies had created something so different from the Phanatic it wouldn't be recognized as the Phanatic then it would not be a copy of the Phanatic and instead be a completely new mascot."
Netburn cited the 1991 U.S. Supreme Court case Feist Publications Inc. against Rural Telephone Service Company Inc.
"To be certain, the Phanatic structural changes are not great strokes of brilliance," she wrote. "But, as the Supreme Court already noted, a compilation no matter how simple, humble, or obvious' can make a work a derivative."
Bonnie Erickson and Wayde Harrison's lawyers released a statement saying that "if this low standard for a derivative works is not corrected, it will thwart Congress' very purpose and intention of the copyright termination clauses established by Congress to fairly compensation original creators for the works they created 35 years after they have granted or licensed rights in them," as Wayde and Bonnie did in 1984. "The fight for the rightful due of original creators will continue."
Bonnie Clark, spokeswoman for the Phillies, stated that they declined to comment due to ongoing litigation.
