In Wilson v. Brennan, 2009 WL 3462311 (D.N.M., 2009), a New Mexico District Court analyzed the various parts of a non-profit bicycle race – from the name of the race, to the design and selection of the race courses, race headers, and the text, factual compilations and maps incorporated in race profiles – that may be copyrightable and therefore eligible for protection under federal copyright law. The court’s opinion provides helpful guidelines for businesses and non-profits interested in protecting their intellectual property.

The Tour of the Gila is a bicycle race in Silver City, New Mexico that started in 1987.  Mark Wilson, an experienced bicycle racer, agreed to help the organizers develop the race.  Among other things, he helped develop a Race Bible (a compilation of materials including the race schedule, rules, prize distribution, list of past winners, maps, profiles of race courses, and other information), Course Itineraries & Time Schedules, and a document variously referred to as the Race Announcement and Race Guide and Entry Form, which contains a brief description of the Tour, including a Prize List.

The court first addressed whether Wilson had a valid copyright in the name of the race and the design and selection of the race courses.  Aside from the conflicting evidence presented to the court regarding who named the race, the Copyright Act provides that “words and short phrases such as names, titles, and slogans” cannot be protected by copyright law.  On this basis, the court rejected Wilson’s claim to the name of the race and to the header images he used in the race materials.  The court also refused to recognize Wilson’s claim to the design and selection of the race courses.  The location of the race presented a limited number of roads from which to design a multi-stage bicycle race course.  Additionally, copyright protection covers individual expressions of ideas but does not extend to ideas themselves.  The race course, as an idea, was not protectable.

However, the court found that the text, factual compilations, and Course Itineraries & Time Schedules Wilson created were protectable.  While facts, like names and ideas, are not protectable elements under copyright law, compilations of facts are copyrightable, because they include the author’s decisions as to which facts to incorporate and how to arrange the facts.  The court applied a “minimal degree of creativity” analysis and ruled that the factual compilations were copyrightable. In addition, the court held that maps, though comprised of facts that are not copyrightable, may contain copyrightable elements.  Maps translate factual information into pictorial or graphic form, which is subject to copyright protection.  The court determined that Wilson’s maps possessed sufficient creativity in both the selection, coordination, and arrangement of facts depicted in the maps and the pictorial way in which they were depicted.

If you are considering developing a sporting event, you should consult counsel experienced with intellectual property law to make sure you are effectively protecting and enforcing your rights.