By Carol Walker
After the Black Hills Institute of Geological Research tried unsuccessfully for years to get Fort Peck Paleontology to return the Institute’s property and admit it copied the institute’s work, the Institute had no recourse but to file a suit against them. Filed in the Federal District Court of Montana, the $8.2 million lawsuit states that Fort Peck Paleontology Inc. “wrongfully pirated and reproduced copyrighted portions of some of the most famous Tyrannosaurus rex specimens in the world.”
More than a decade ago, portions of a T-rex, later named “Peck’s Rex,” were discovered near Ft. Peck, Mont., and taken to Ft. Peck Paleontology for additional research. That’s when the Black Hills Institute came into the picture. Thinking it was being helpful it loaned several copyrighted T.rex bone specimens from STAN and SUE, two of the most famous T.rex skeletons in the world.
“The bones [from Peck’s Tex] were disarticulated. There are about 50 bones in the head alone. Having one that is already put together helps to know the shape of the bones and how the bones go together. When they are in hard rock like that, it also helps to know where to cut the rock off,” said Peter Larson, president of Black Hills Institute.
Institute officials were under the impression that Fort Peck Paleontology was doing an altruistic thing in putting together a display for the Ft. Peck Visitor Center.
“We had no idea they were preparing this for a commercial venture, that they were going to go into competition with us,” said Larson.
A few years ago another person loaned the Institute a cast of Peck’s Rex skull for a special conference in Hill City.
“I looked at the skull and said, ‘Hey, that’s a STAN bone, and hey, that’s a STAN bone too.’ I have mounted more than 40 of these and I know each of the STAN bones intimately,” said Larson.
When Larson confronted Ft. Peck owners, they said they did not use the bones from STAN to cast missing bones in their Montana find. Larson believes the evidence refutes that.
According to a press release, “Fort Peck Paleontology unlawfully retained possession of these bone specimens and proceeded to make unauthorized copies of the STAN and SUE copyrights. These unauthorized copies were then incorporated into the Peck’s Rex Skeleton currently with the Museum of the Rockies in Bozeman.”
Larson explained that the large T-rex specimens that are created by Black Hills Institute for museums and private collections represent “literally tens of thousands of hours of work by scientists and artists, that can cost millions of dollars to create.”
“The liquid silicone material to make the mold can cost $100,000 alone, and that does not include the labor or cleaning or material for the casts,” said Larson.
In the press release he said, “Each fossil must be individually interpreted and reconstructed from the pieces that are found. Missing and damaged bones must be handcrafted and cast by our experts before we can assemble a full T-rex specimen like people see in museums,” said Larson.
Larson said they told Ft. Peck paleontologists numerous times that the bones were copyrighted, so the Montana company owners cannot argue they did not know about it. So far, they have had no response from the Fort Peck Paleontology and the telephone number has been disconnected.
“These specimens are extremely difficult to create and assemble into a full T.rex model. If you can just take someone else’s work and copy them that will save you an enormous amount of time and money,” said Larson, in explanation of why the Montana company did this.
“You can’t pirate a T.rex copyright and not expect to get bitten. We protect our clients from copycats – and the fact that these are the most famous T.rex specimens in history makes preventing wrongdoing absolutely critical,” explained Luke Santangelo, lead attorney on this case from Santangelo Law offices P.C. in Ft. Collins. The Colorado law firm works on copyright and other intellectual property matters. Crist, Krogh & Nord LLC.of Billings is also working on the case.
Santangelo said though he has never handled a copyright case with dinosaur bones, it is essentially no different than someone copying another work of art or a book manuscript.
“We tried to resolve this without taking it to court. We wrote to them and they replied saying they would get back to us. They just blew us off,” said Santangelo.
The lawsuit claims copyright infringement, unfair competition and “misappropriation and conversion of Black Hills Institute’s intellectual and personal property.”
STAN is displayed at the Black Hills Institute Museum in Hill City, and Peck’s Rex skeleton is displayed at the Museum of the Rockies in Boseman. SUE was sold to Chicago’s Field Museum for $8.36 million where it is on display.
In 1990, SUE, the largest, most complete and best preserved Tyrannosaurus rex, was discovered by Sue Hendrickson, who worked for Black Hills Institute, on a ranch on the Cheyenne River Sioux Reservation. The Black Hills Institute lost ownership of the specimen, but retained the copyrights.
“Tyrannosauraus rex is my passion. I am very proud of the scientific and artistic contributions we have made over the years. The work we do at Black Hills Institute is truly a mix of scientific and artistic expression resulting in one-of-a-kind works such as STAN and SUE. It really is a labor of love, and we simply cannot allow others to claim our work as their own,” explained Larson.
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