May 2018 - Parks & Recreation - 40

L AW R E V I E W

YouTube videos for
Pioneer Park Cemetary
and removal of
Confederate monuments
in Dallas, Texas

Crane Arrives to Remove Robert E. Lee
Statue at Lee Park in Dallas

Pioneer Park Cemetery -
Dallas, Texas

Dallas Confederate Monuments
Removal to Cost $1.8 Million

https://www.youtube.com/
watch?v=KO8Cfotx0nE

www.youtube.com/watch?v=qG4nJtI8kkg

www.youtube.com/watch?v=04qx0XJm_78

www.youtube.com/watch?v=rVYZIN_PhE8

www.youtube.com/watch?v=D3i_aYUuPC0

" only two types of claimants have standing
to sue for copyright infringement under the
Copyright Act: (1) owners of copyrights,
and (2) persons who have been granted exclusive licenses by owners of copyrights. "
(See " Author Generally Owns Copyright
Unless Employee Or 'Work For Hire'
- http://cehdclass.gmu.edu/jkozlows/
lawarts/04APR01.pdf)
In this instance, the federal district court
found that " the undisputed evidence shows
that plaintiffs do not own the copyright to
the Lee Statue, have not been granted an
exclusive license by the copyright owner,
and are not in the process of negotiating
any such ownership or license rights. "
As a result, the federal district court
granted the city's motion to dismiss
SCV's copyright claim based on a lack of
legal standing to bring such a claim.
Land Title Claim
SCV also claimed the city had " breached
the reversionary term in the grant of title
in the Pioneer Park Cemetery. " According to SCV, the City took title to Pioneer
Park Cemetery from Tannehill Lodge No.
52 and Dallas Lodge No. 44 (the " Lodges " ), with the understanding that the city
38

Parks & Recreation

would " use and maintain the property " as
" Memorial Cemetery Park. "
By " publicly announcing that it would
remove the Confederate War Memorial
in Pioneer Park Cemetery, " SCV alleged
the city had " refused and failed to use the
memorial park for the purpose mandated
in the transfer of title to the City. " As a
result, SCV contended that the " title must
revert to the Lodges. " Moreover, SCV
asked the court to " enter judgment that
quiets [i.e., confirms] title to Pioneer Century Park " in favor of SCV.
In response, the city argued SCV had no
supporting evidence to show " any of the
Lodges' interests or rights was ever transferred " to SCV. The city noted, " Dallas
Lodge No. 44 expressly denies conveying
any interest " in the land to SCV. Further,
the city noted SCV had not alleged " the
Confederate monument is located on the
property previously owned by the Lodges
and SCV had not produced any documents
indicating the Confederate monument was
placed on the local Lodges' former property. " As a result, the city argued SCV lacked
" standing for any claimed interest in Pioneer Cemetery Park. "
The federal district court agreed with

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the city. In so doing, the court found SCV
had " neither pleaded nor introduced any
evidence showing that they have any interest in Pioneer Cemetery Park. " The federal
district court, therefore, granted the city's
motion to dismiss based on SCV's lack of
standing on the title to land claim.
Quiet Title to Land
In addition to claiming an interest in
Pioneer Cemetery Park from the Lodges,
SCV had also claimed an interest in the
Confederate Cemetery as a successor to
another association. According to SCV,
" the Sterling Price Camp of the United
Confederate Veterans - to which SCV
is the successor association - gave the
Confederate Cemetery to the Dallas
Parks and Recreation Department in
1936. " SCV claimed " no record exists
of conveyance of title " to the city. As a
result, SCV argued that the " title still resides with the grantor " ; i.e., SCV as the
successor association. SCV, therefore, requested the court to " enter judgment quieting [i.e., confirming] title to the Confederate Cemetery in their favor. "
In response, the city produced evidence
indicating that the property was indeed

May 2018 - Parks & Recreation

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