Artist Jack Mackie, known for his popular "Dance Steps" sculptures on the sidewalks of Capitol Hill, has lost his appeal in a copyright suit against the Seattle Symphony.

Four years ago, Mackie sued the symphony and graphic artist Bonnie Reiser for using an image of "Dance Steps" for a marketing campaign. According to Mackie, Reiser didn't get his permission before using the image.

Two years ago, U.S. District Judge Marsha Peckman determined that, even though "Dance Steps" is a public artwork, Mackie is the copyright holder. The court awarded him $1,000.

Mackie appealed, arguing that he should also be entitled to a portion of the revenues from the marketing campaign.

Writing for the 9th U.S. Circuit Court of Appeals, Judge M. Margaret McKeown stated yesterday that Mackie had failed to provide any tangible way to calculate the revenue that the use of "Dance Steps" had created.

The court let the previous $1,000 award stand.