5-9 should run

NEW YORK LAWSUIT SEEKS DAMAGES FOR USE OF ROCKWELL ILLUSTRATION

AVV 5-5 #738233

By Larry Neumeister

Associated Press Writer

NEW YORK CITY (AP) — The owner of Norman Rockwell’s “Bottom of the 6th” — showing three umpires looking skyward as first raindrops fall — is steaming over the use of the classic illustration in the television series The Bronx is Burning.

Curtis Publishing Co. Inc has filed a lawsuit in US District Court in Manhattan seeking to stop ESPN Inc from rebroadcasting the series about the 1977 New York Yankees until it withdraws use of the painting.

Curtis sent an e-mail to ESPN lawyers notifying them that ESPN did not have a license to use the painting and was committing willful copyright infringement, the lawsuit said.

The lawsuit claims Curtis will suffer damage to its business, including loss of its reputation for exclusive ownership of its copyrighted catalog of illustrations.

According to the court papers, Curtis was notified in mid-July that Bottom of the 6th was shown full screen in the second episode of the series, titled Team in Turmoil. Since then, the series has been sold in DVD and VHS format, it said.

Lawyers for ESPN, which first aired the eight-part series last summer, did not immediately return telephone calls for comment. Colleen Lynch, an ESPN spokeswoman, said she could not immediately comment on the lawsuit, which was filed on April 22.

“Bottom of the 6th” first appeared in the April 23, 1949, issue of The Saturday Evening Post. The original was donated to the Baseball Hall of Fame in Cooperstown, N.Y., where it has been viewed by millions of visitors, the lawsuit said.

Rockwell, who died in 1978 at age 84, was known for capturing the snapshot moments of everyday life with his brushes.

Among more than 300 covers he did for The Saturday Evening Post were one of a boy watching his father shave, another of family members enjoying a spiritual moment over a Thanksgiving turkey and one of a young girl having a dress fitting.