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‘Super Bowl Shuffle’ Photographer Sues Over Use of Photo in News Story

superbowlshuffle

The photographer who captured images of the Chicago Bears doing the “Super Bowl Shuffle” is suing the Chicago Tribune and Fox Sports for allegedly misappropriating the images.

Don Levey, a Chicago-based photographer, snapped images of the Bears doing the song and dance routine celebrating their 1985 season. His company, Leveyfilm Inc., owns the rights to the images, including the one that adorns the sleeves of the “Super Bowl Shuffle” record (a pixelated version is shown above) and videotape.

Levey’s suit charges that the Tribune‘s main news site and its Chicago Breaking Business site, along with Fox SportsThe Jersey Chaser, used the cover image to illustrate 2010 stories about Viacom being sued by the the video’s production company for airing the music video without permission.

Levey says the image was used without his permission or proper attribution, thus violating the Digital Millenium Copyright Act to the tune of up to $150,000 per incident.

A screenshot showing how the photo was used on Chicago Breaking Business

A screenshot showing how the photo was used on Chicago Breaking Business

“We don’t think they have justification for using it the way they used it,” Levey’s lawyer, Mark Barinholtz, told Crain’s Chicago Business. “There’s no fair use here.”

The suit notes that Levey won an unspecified settlement in a similar 2005 case regarding media coverage of the 2oth anniversary of the “Super Bowl Shuffle,” while acknowledging that such issues don’t come up all that often, given the limited shelf life of the product.  “After the 1985 football season and Super Bowl XX, with the exception of the occasional nostalgic broadcast of a clip from the music video, The Super Bowl Shuffle faded from the scene.”

(via Crain’s Chicago Business)


 
  • Da Bears

    We are the Bears Shufflin’ Crew
    Shufflin’ on down, doin’ it for you.
    We’re so bad we know we’re good.
    Blowin’ your mind like we knew we would.
    You know we’re just struttin’ for fun
    Struttin’ our stuff for everyone.
    We’re not here to start no trouble.
    We’re just here to do the Super Bowl Shuffle.

    Walter Payton
    Well, they call me Sweetness,
    And I like to dance.
    Runnin’ the ball is like makin’ romance.
    We’ve had the goal since training camp
    To give Chicago a Super Bowl chance.
    And we’re not doin’ this
    Because we’re greedy.
    The Bears are doin’ it to feed the needy.
    We didn’t come here to look for trouble,
    We just came here to do
    The Super Bowl Shuffle.

    Willie Gault
    This is Speedy Willie, and I’m world class.
    I like runnin’ but I love to get the pass.
    I practice all day and dance all night,
    I got to get ready for the Sunday fight.
    Now I’m as smooth as a chocolate swirl,
    I dance a little funky, so watch me girl.
    There’s not one here that does it like me,
    My Super Bowl Shuffle will set you free.

    Mike Singletary
    I’m Samurai Mike I stop ‘em cold.
    Part of the defense, big and bold,
    I’ve been jammin’ for quite a while,
    Doin’ what’s right and settin’ the style,
    Give me a chance, I’ll rock you good,
    Nobody messin’ in my neighborhood.
    I didn’t come here lookin’ for trouble,
    I just came to do The Super Bowl Shuffle

    Jim McMahon
    I’m the punky QB, known as McMahon.
    When I hit the turf, I’ve got no plan.
    I just throw my body all over the field.
    I can’t dance, but I can throw the pill.
    I motivate the cats, I like to tease.
    I play so cool, I aim to please.
    That’s why you all got here on the double
    To catch me doin’ the Super Bowl Shuffle.

    Otis Wilson
    I’m mama’s boy Otis, one of a kind.
    The ladies all love me
    For my body and my mind.
    I’m slick on the floor as I can be
    But ain’t no sucker gonna get past me.
    Some guys are jealous
    Of my style and class,
    That’s why some end up on their -,
    I didn’t come here lookin’ for trouble,
    I just get down to The Super Bowl Shuffle.

    Steve Fuller
    They say Jimbo is our man.
    If Jimmy can’t do it, I sure can.
    This is Steve, and it’s no wonder
    I run like lightnin’, pass like thunder.
    So bring on Atlanta, bring on Dallas,
    This is for Mike and Papa Bear Halas.
    I’m not here to feather his ruffle,
    I just came here to do
    The Super Bowl Shuffle.

    Mike Richardson
    I’m L.A. Mike, and I play it cool.
    They don’t sneak by me ’cause I’m no fool.
    I fly on the field and get on down.
    Everybody knows I don’t mess around.
    I can break ‘em, shake ‘em,
    Any time of day.
    I like to steal it and make ‘em pay,
    So please don’t cry to beat my hustle
    ‘Cause I’m just here to do
    The Super Bowl Shuffle.

    Richard Dent
    The sackman’s comin’, I’m your man Dent.
    If the quarterback’s slow,
    He’s gonna get bent.
    We stop the run, we stop the pass,
    I like to dump guys on their -.
    We love to play for the world’s best fans,
    You better start makin’
    Your Super Bowl plans.
    But don’t get ready or go to any trouble
    Unless you practice
    The Super Bowl Shuffle.

    Gary Fencik
    It’s Gary here, and I’m Mr.Clean.
    They call me “hit man,”
    Don’t know what they mean.
    They throw it long and watch me run,
    I’m on my man, one-on-one.
    Buddy’s guys cover it down to the bone,
    That’s why they call us the 46 zone.
    Come on everybody let’s scream and yell,
    We’re goin’ to do the Shuffle,
    Then ring your bell.

    William Perry
    You’re lookin’ at the Fridge,
    I’m the rookie.
    I may be large, but I’m no dumb cookie.
    You’ve seen me hit, you’ve seen me run,
    When I get the pass, we’ll have more fun.
    I can dance, you will see
    The others, they all learn from me.
    I don’t come here lookin’ for trouble,
    I just came here to do
    The Super Bowl Shuffle.