A Voice from the Eastern Door
A Voice from the Eastern Door
Billy Two Rivers, a former professional wrestler who later became a chief on the Mohawk Council of Kahnawake, has filed a lawsuit against singer Van Morrison, Universal Music Group and several affiliated companies.
At issue is a photo of Two Rivers — in the midst of a wrestling match — which is set to appear on the cover of an upcoming Van Morrison album. The image has already been used extensively to promote the album and a Van Morrison tour scheduled for the fall.
But, according to the Montreal Gazette a complaint filed in a New York court, Two Rivers never gave permission for his image to be used.
“This is a pretty simple case,” said Michael R. Graif, Two Rivers’s lawyer. “It’s an iconic photo of Billy wrestling. It’s being used on an album titled Roll With The Punches, so I can definitely see why they would want to use that photo, but they’re sophisticated parties and they certainly knew, or should have known, that they needed to seek Billy Two Rivers’s consent. They didn’t do that and that’s what we’re confident that we will be able to remedy.”
He said the use of the image without Two Rivers’s permission violates his right of publicity.
“Basically, what it boils down to is everyone has the right to control the commercial use of their image and the simple rule is you need consent and, in this case, Universal never even asked,” Graif said. “Because Billy has an international reputation, that’s a valuable right for him.”
The lawsuit, filed on July 27, asks the court to order the defendants to stop using the photo. Two Rivers is also seeking damages, though Graif said the amount is yet to be determined.
“We hope to receive fair compensation for the unauthorized use of his image,” Graif said.
The suit also alleges that the use of the image amounts to “false endorsement,” a violation of U.S. federal law.
The use of the image is “intended to exploit unlawfully the goodwill and reputation associated with Two Rivers and his image and likeness, for the economic and commercial benefit of Defendants, and to the economic harm of Plaintiff,” according to the complaint filed with the court, the equivalent of a statement of claim in Canada.
According to the Montreal Gazette, Two Rivers, 82, is in the Kateri Memorial Hospital Centre and was unavailable for comment.
Two Rivers wrestled from 1953 to 1977, performing in Canada, the U.S., Europe and Japan. Two Rivers was known for his Mohawk hairstyle and for performing a war dance during matches.
After retiring from wrestling, he became involved in the governance of Kahnawake, served as a council chief on the elected Mohawk Council. He also appeared in a number of movies and television programs.
According to the Montreal Gazette, Universal Music Group did not immediately respond to their request for comment.
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