WWE sued by former AWA star Pretty Boy Doug Somers for DVD royalties
Dave Meltzer broke the news via his news update today that former AWA star Pretty Boy Doug Somers is suing WWE for withheld royalties from appearing on their DVDs:
--Douglas Somerson (Pretty Boy Doug Somers) filed a lawsuit against WWE saying he's owed royalty rights for WWE using his name and matches in videos, most notably in Shawn Michaels compilations with the Michaels & Marty Jannetty bloodbath from Las Vegas against Somers & Buddy Rose. He filed suit last week in Fulton County (Georgia) Superior Court saying they used his name and likeness without making an attempt to compensate him and never signing him to a contract. The suit claimed Somerson is in bad health due to suffering what the suit claimed was 400 concussions and injuries to his neck, back, knees and foot.
Somers was most famous for his short-lived tag team with the late great Playboy Buddy Rose, which won the AWA World Tag Team championship on May 17th, 1986, before dropping the titles to The Midnight Rockers of Shawn Michaels and Marty Jannety eight months later. Their feud together was one of the sole highlights of the dying AWA promotion at the time and matches between the two teams have featured on three WWE DVDs: The Greatest Cage Matches of All Time, Shawn Michaels - Heartbreak and Triumph, and The Spectacular Legacy of the American Wrestling Association. He will also have appeared many times on WWE Classics on Demand subscription channel.
It's certainly an interesting case, not without precedent. Most famously, Jesse "The Body" Ventura won over $800,000 in withheld royalties from Titan Sports in the mid 1990s. More recently, Martha Hart sued WWE over withheld royalties and using her late husband's likeness without her approval last June, amongst other claims that were later dropped. It is unknown whether that case has since been dismissed, is still being contested or WWE quietly settled out of court. The difference here is that Somers, unlike Jesse and Owen, was never a WWE performer, so might be treated differently by the courts.
The lawsuit could have huge ramifications for WWE, as they are going full steam ahead with their plans to unveil their WWE network on April 1st, 2012, the same day as WrestleMania 28. If they lose this lawsuit, then they would have to pay countless other former wrestlers royalties for using their footage on their network or face more such legal action. It is genuinely surprising that there has not been more such cases in recent years, as I'm sure Somers wasn't the only old timer that they have used on their DVDs without paying a dime to.
On a closing note, with regards to Somers' health status, I'm sure he is in poor health and suffered a lot of head trauma from his days in the ring, but the claim of 400 concussions during his career seems highly exaggerated and exorbitant.
Correction: Mike Aldren of the Wrestling Globe Newsletter actual broke the story, but it wasn't clear from Meltzer's news update. Apologies to Mike for this error in my report.
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Why are Somerson's health issues even mentioned in the lawsuit?
His current health seems completely unrelated to WWE showing old footage. I don’t get it. Is he trying to get a sympathy settlement? If he was in good health, would he not be suing?
by Manolo Has Pizzazz on Dec 8, 2011 1:39 AM EST reply actions
Probably trying to get he courts moving & so they understand that he needs the money fast because of bad health. Courts can take that into account when deciding cases & how fast they end up on the docket.
by Rawuncutnxrated on Dec 8, 2011 8:28 AM EST up reply actions
That makes sense. Thanks for the reply.
by Manolo Has Pizzazz on Dec 8, 2011 7:46 PM EST up reply actions
Was he under contract the AWA I assume? Because if he was, and then the WWE bought the AWA and/or the publication rights to their library (which would be the very first thing they did), then very obviously this guy has no leg to stand on.
Look, the WWE is not stupid. They know their way around the courtroom. There’s no way they’re airing stuff they don’t own the rights to. This guy is pissed because he never got residuals from DVD’s/other types of replay, but chances are that his AWA contract didn’t guarantee him any type of home video residuals whatsoever. In which case the WWE doesn’t have to pay him anything.
Look at the much higher profile example of Hollywood. Until the very late 80’s or early 90’s even (I forget which), there were no contract stipulations for ANYONE working on a movie to make income off the film’s home release. This is because the contracts the various guilds had signed with the AMPS pre-dated the existence of viable home video revenue, so no one thought it necessary to account for it in contracts. Then, when home video exploded, it was in the AMPS’s best interest to delay new contracts for as long as humanly possible so that they could reap the benefits alone.
My point is: if an organization that had been providing worldwide entertainment for 50 years didn’t have the contracts to cover their performers for this very issue in the mid 80’s, do you think the AWA did?
Dude is screwed.
This
Dude was an AWA performer and was paid for those matches. He doesn’t own a copyright for his matches or his character as the AWA owned those characters and sold them to WWE along with the tape library. WWE doesn’t have to pay anyone that doesn’t OWN the copyrights to their character, like Hogan, Jessie Ventura and Martha Hart.
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