Leo Barry to test image rights in court

[Beaussie]

Interesting test case case for the Federal Court and the AFL.

Barry lawsuit to test image rights
By Tim Morrissey
February 22, 2007 12:00
http://www.news.com.au/dailytelegraph/s ... 65,00.html

LEO Barry is about to learn the price of fame.

The Swans star's lawsuit against the AFL and Tabcorp for allegedly using the iconic image of his grand final mark without permission has been listed for mediation in the Federal Court.

The 29-year-old Sydney fullback, whose heroic grab ended the Swans' 72-year premiership drought, is seeking damages plus interest and costs, thought to be $50,000 or more.

And Tabcorp is also suing the AFL for allegedly advising it that Barry's consent was not needed.

A Federal Court spokesman confirmed the case had been listed for mediation, with the parties required to report to a judge by April 13.

The case is seen as a test over who controls the rights to a star's image.

Swans chief executive Myles Baron-Hay said the club was not involved in the case and had not used the image.

"If we had we certainly would have sought Leo's permission," he said.

The Swans play their first official pre-season game against the Western Bulldogs at Manuka Oval in Canberra on Saturday and are confident the court case will not interfere with Barry's preparations for the 2007 season.

"As far as the club is concerned it's football as usual for Leo," a Swans spokesman said.

In his statement of claim, filed in the Federal Court in Melbourne, Barry alleges breach of contract by the AFL under its 2004 collective bargaining agreement with the players' association.

The agreement stipulates that a featured player in an image should receive 80 per cent of the net receipts from any licensing activity.

[Grim Reaper]

If he wins will Nicky Winmar have a case against the AFL for the use of his image when he lifted his jumper to that Verminwood scum in 1993 at Visctoria Park? If so can Nicky then sue the Commonwealth Government as ATSIC used that image everywhere? Very interesting case Leo Barry is doing as it could open the floodgates.