Texas A&M University named in ‘12th man’ copyright suit
Canada Hockey has filed a copyright infringement lawsuit against Texas A&M University’s athletic department.
The organisation filed its lawsuit (pdf) at the US District Court for the Southern District of Texas, Houston Division on Thursday, January 19.
Brad Marquardt, associate director of media relations for the A&M athletic department, Alan Cannon, associate athletic director of media relations at the university, and the university’s 12th Man Foundation are named as defendants in the suit.
The case centres on an unpublished book called “An A&M Legend Comes to Life”, written by Michael Bynum, president of Canada Hockey.
The book was due to be released by Canada Hockey, which publishes books.
Canada Hockey argued that A&M University infringed Bynum’s copyright vicariously and contributorily, and that the university violated the Digital Millennium Copyright Act.
While working on another book, Bynum witnessed the ‘12th man’ tradition, where students (also known as Aggies) stand together during football games.
This tradition, according to the suit, was inspired by the actions of a man called E King Gill at the 1922 football game known as the ‘Dixie Classic’.
Bynum sought to “flesh out” Gill’s entire story and began developing a book that would “separate the individual behind the Aggie tradition” from the legend, as well as present a modern-day look at Gill’s lasting impact on A&M football.
In 2010, Bynum emailed Marquardt and a photographer at the university requesting photos for his book.
He also attached a PDF of the “An A&M Legend Comes to Life” book which, according to the suit, included a “clear copyright notice”.
Canada Hockey argued that Marquardt retyped his printed copy of Bynum’s novel, changed the title and deleted Bynum’s name.
Marquardt, the suit said, then published the “pirated version”, which was promoted to “hundreds of thousands of people” on the internet. The defendants' article was called “The Original 12th Man”.
Canada Hockey is asking for damages, profits from the infringement of Bynum’s copyright, statutory damages, costs, attorneys’ fees, pre-judgment interest and a trial by jury.
A spokesperson for A&M University told WIPR that it has no comment.
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