Copyright 2004, Roadracing World Publishing, Inc.
Five-time AMA 250cc Grand Prix Champion Rich Oliver, a health-conscious non-drinker, is battling a brewery that used his photo on bottles of beer it sold last season, without his knowledge or permission. Sprecher Brewery claims that it received the photo of Oliver and permission to use Oliver’s image from Road America, which in turn claims that the standard AMA release included in AMA license packages gave it the right to assign the commercial use rights for Oliver’s image to a third party, the brewery.
“When I went to the Elkhart Lake Road America track for the AMA National last year, I was shocked to hear over the PA system that they were advertising and selling an event beer, Sprecher Brewery Road America Light Ale, with my name and likeness on it!” Oliver told Roadracingworld.com.
“I never had any communication with the track, the AMA, or the Sprecher brewery about this alcoholic product they were selling to the public. I in no way endorse such a product, and in no way ever agreed to endorse such a product ahead of time or during the event.
“They stole my image, Yamaha’s image, my sponsors’ images, and slapped it on a bottle of beer and sold it.”
Racer/reporter Michael Gougis investigates the situation in the June, 2004 issue of Roadracing World, interviewing Rich Oliver; Road America General Manager George Bruggenthies; Sprecher Brewery owner Randall Sprecher; AMA Pro Racing Vice President of Communications Kerry Graeber; agents who represent riders and teams, including Nicky Hayden, Miguel Duhamel, Lee Acree, Danny Eslick, Empire Suzuki and others; law professors from leading universities; and Arthur C. Chambers, a racer/lawyer who has successfully filed suit on behalf of riders in other image rights disputes.
See related post:
11/5/2001 New AMA License Wording Threatens Riders’ Commercial Rights, Insiders Say