FORMER AWA STAR SUING WWE OVER USING HIS LIKENESS WITHOUT PERMISSION ON DVDS AND OTHER MATERIAL
by Mike Johnson @ 8:01 PM on 5/24/2012
As if we didn't have enough legal news today!
Former AWA World Tag Team champion Doug Somers (Douglas Duane Somerson) filed a lawsuit against WWE and Vince and Linda McMahon in November 2011 regarding the company's usage of AWA footage containing his likeness and matches on four DVDs, WWE Classics on Demand, books and other materials without his personal consent.
Obviously, WWE owns the AWA library, which it purchased from The Gagne family in 2003 for a seven figure price-tag. Since that purchase, Somers has appeared bouts presented by WWE over the last decade, usually matches teaming with the late Buddy Rose against The Midnight Rockers, Shawn Michaels and Marty Jannetty from the 1980s.
IN his lawsuit, Somers alleges "invasion of privacy, unauthorized use of intellectual property, unjust enrichment, and violation of the Georgia Uniform Deceptive Trade Practices Act". The lawsuit was covered today in an article published on Lexology.com, which has links to a number of the filings in the case.
According to the piece, the lawsuit was filed in Georgia State court. WWE successfully moved to have the case moved to federal jurisdiction. WWE and the McMahons have filed motions to dismiss the case.
WWE's argument is based on the idea that when they acquired the rights to the AWA library, the AWA intellectual property of and copyrights became theirs to monetize as they see fit. Their argument is that Somers knew the footage was being filmed at the time he performed for the AWA and was paid at the time to perform, so he cannot claim copyright ownership. Since WWE now owns the AWA copyrights, they have the right to use the footage.
WWE is also arguing that any usage of Somers' name and likeness were related to telling a factual, newsworthy story and would fall under the First Amendment, just as a news broadcast or article would be protected.
WWE also attempted to shoot down Somers' "right to privacy" claim by noting that Somers described himself in his lawsuit as a "famous professional wrestler."
WWE also used an old lawsuit filed by Ricky Steamboat over alleged royalties owed for old video footage that was dismissed when the court sided with WWF (as they were known at the time) as precedence that Somers' claims don't hold water.
WWE using material that featured talents they don't contractually have any obligation to pay has been a gray area for some time. WWE talents routinely receive royalty payments for appearances on DVD, WWE Classics on Demand material, etc. even well after they leave the company contractually.
However, talents, announcers, etc. who have never had a relationship contractually with WWE (or were not signed to a Legends deal) have not, in most cases, received any form of payment, even when footage involving their likeness is used on WWE produced material. I've had a number of wrestlers and personalities who have worked everywhere from Jim Crockett Promotions to ECW and beyond note that they have never been contacted or offered payment for their likeness and material.
It should be interesting to see if the Somers vs. WWE case opens up the door for more talents who have not been receiving any form of compensation to receive payments from WWE or whether that door ends up closed via a precedent set here.