Who has rights of ownership to baseballs?
   
In the 2004 World Series Doug Mientkiewicz, the then Red Sox first baseman, caught the ball for the final historic out....and then didn't let go. He kept it in his glove during the on-the-field celebration and eventually put it in a safe deposit box and claimed ownership. The Red Sox organization feels they are the rightful owner. 

The latest on this year-long fight is that the Red Sox just filed a lawsuit.  In the suit they claim

"The Red Sox continue to assert that their former employee, Mientkiewicz, obtained the baseball through the course of his employment, that he acquired no ownership interest and that the Red Sox are the rightful owners of the baseball," the lawsuit stated.

This seems very logical and if I was a Red Sox fan I'd certainly be fully supportive of the team and not some insignificant role player. But then I got to thinking...I've probably seen, across all sports, hundreds of players ask for a game ball after some individual milestone.  First base hit for example. The Red Sox logic would dictate that the organization, and not the player, could claim right to baseballs symbolic of personal achievements. That's not fair to the player.

The two scenarios above are at pretty opposite ends of the spectrum. But you can easily envision some grayer scenarios. For example, if a pitcher threw a no-hitter he should get the ball. But who should own the baseball from Don Larsen's perfect game in the World Series? What if this perfect game was the clinching game of a World Series for a team that hadn't won the series in 86 years?

Then there's the "every man for himself" issue. Homerun baseballs hit into the stands become the property of the fan lucky or aggressive enough to catch the ball. Had the Red Sox won via a World Series walk-off home run by Johnny Damon that was caught by a fan, they'd be out of luck. If the home run was hit into the winning team's bullpen and some relief pitcher caught it, would the organization then have the right to the ball because the pitcher caught it through his employment?  What if hit into the losing team's bullpen and a player not employed by the winning team caught it? Would the winning team have any rights then?

Mientkiewicz has said he just wants to ensure the baseball is placed someplace the fans can see it, so it isn't like he's being malicious or greedy. (Why he doesn't trust the Red Sox, I don't know.) Regardless, I believe he should concede ownership of this baseball to the Red Sox because it is the right thing to do....but I'm not sure because it should be the legally required thing to do.


13 CommentsChronological   Reverse   Threaded
kayt wrote on Dec 2, '05
Why does he have to concede ownership? Why not just agree to "loan" the ball to the Red Sox for display?

These lawsuits just show a lack of class to me. And it also shows just how low baseball has gone. There was the other deal about some fan keeping a ball vs. returning it to the player this year in Chicago, I believe. I think whoever gets it, keeps it. And in this case, where the Red Sox organization is suing a former player -- my God, they got the pennant. Why is this so important?
michaelg wrote on Dec 2, '05
kayt said
Why does he have to concede ownership? Why not just agree to "loan" the ball to the Red Sox for display?
Actually, he did loan it to the Red Sox for one (the last) year. The Sox are suing to not have to give it back.
davedill wrote on Dec 2, '05
I've also seen stories on other WS final out baseballs, and they've all been the property of whoever's hands they ended up in. Some of the guys have given them to other people (teammates, family members, etc.) for various reasons, but have never been FORCED to give them to the team or anyone else. I think this is a bad move by the Red Sox..and in the grand scheme of things...it's a baseball. It's not like it's the only one that was used in the game, or that it was a game-winning home run. I suppose there's some significance to it, but not as much as there could be. But, regardless of what level of significance the ball may hold, I still think that it's his, and that precedence is on his side, and that the Red Sox have gone too far.
kayt wrote on Dec 2, '05
Actually, he did loan it to the Red Sox for one (the last) year. The Sox are suing to not have to give it back.
Then that is extra smarmy of the Sox mgmt.
vaughan wrote on Dec 2, '05
I think I should own it!
dave wrote on Dec 2, '05
I'm not sure about who has the legal right, but I think Mientkiewicz showed a lack of class by not just giving it to the team right off the bat. I also think that the Sox are showing a lack of class by suing to get it back. Either deal with it behind closed doors or forget about it.
tristancockcroft wrote on Dec 2, '05
I think there's an unspoken rule that a player gets the ball for his personal achievement, but in a case like this, the team should get it. And as far as I'm concerned, when the ball gets out of the field of play and into a fan's, groundskeeper's, whoever's hand, it's theirs, case closed. They want to give it back, that's fine. But if they don't, people could wind up making them them look like the jerk. You want to keep the ball? You deal with that risk.

All this boils down to is Mientkiewicz's personal vendetta against the Red Sox for letting him go. The Red Sox really should have let it rest. He looked bad enough in this whole mess as it is; all this does is make the team look just as petty.

Is it just me, or does anyone else think it's ridiculous that "achievement baseballs" wind up being worth millions, yet the ones that wind up in the stands either right before or right after the play are absolutely worthless? I see only one value in these things: Putting them in the Hall of Fame, not selling them for profit. I'm going to bet the Sox want it for history's sake, Mientkiewicz for the financial gain.
marc wrote on Dec 2, '05
I think Mientkiewicz had every right to keep the ball. However, the classy move would've been to give the Red Sox the ball when they asked for it. Just like players give up their bats and uniforms all the time when the Hall of Fame asks. It's for the good of the game, and that comes first.

I like what Paul Konerko did. He caught the final out of this year's WS and kept the ball for a couple of days. People were wondering if it was going to be the same situation as Mientkiewicz. Then at the White Sox victory celebration, he took out the ball in the middle of his speech, called the White Sox owner up to the podium and gave him the ball. That was class.
michaelg wrote on Dec 2, '05
I see only one value in these things: Putting them in the Hall of Fame, not selling them for profit.
This is similar to one thought I had.

What about the league itself owns any baseball that has been put in play? The balls are currently stamped "Official Major League Baseball" and have the commissioner's signature on them. Sure, if a fan gets the ball, it is the fan's. But any player, coach, or employee of any MLB team must adhere to the league's wishes. A standard clause in contracts, assuming the MLBPA goes for it, will eliminate the chance of a legal dispute if indeed a ball is worth disputing over.
jimp wrote on Dec 3, '05
vaughan said
I think I should own it!
I expected pez to make that statement !!!!!!!!!!!
jimp wrote on Dec 3, '05
The winner should take all spoils, such a famous victory should be celebrated in the trophy room with all bits and pieces that made the victory possible.
The future gererations and fans deserve to see the history.
gj34 wrote on Dec 4, '05
How about a third party? say ......The Baseball Hall of Fame. This way all fan can see it.
kulak13pfd wrote on Dec 5, '05
Lets face the truth. This discussion is not about a ball that ended a game. It is about a ball that ended a curse. It belongs to all those fans who were a part of that curse. Therefore, the only place that ball should be is in Fenway Park. It should become a part of the fans... the people who represent the only constant in the game. Today players come and go with the tide... so NO player has the right to take anything from the fans who have always been there...and always will be.
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