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Friday, March 30, 2012
Sony Files to Dismiss Toto Lawsuit
Sony BMG has filed a motion to dismiss a suit brought by the band Toto, who are seeking unpaid royalties from digital sales, Billboard reports.
As noted in February, the initial suit alleged that Sony failed to pay the band, best known for their hit song "Africa," 50 percent of net receipts from licensing their music to third parties (such as iTunes) that sell downloads of their work. Toto was included in Sony's recent $8 million settlement over digital music revenue, along with Cheap Trick, the Allman Brothers Band, and others, but according to a statement from the music company, the band is "dissatisfied with the bargain that it struck."
Sony's motion to dismiss includes an alleged 2002 agreement between the parties over a new set of royalty rates for online retail. Its primary focus, however, is the semantic difference between the terms "license," "sale" and "lease." Toto is currently seeking damages in excess of $605,000 plus interest and full accounting and legal fees.
It was the Allman Brothers case that brought "leasing" into the conversation, with the band alleging that Sony leased the bands catalog to download providers. Now Toto is arguing that "lease" is synonymous with "license," while Sony – with help from the Oxford English Dictionary, Black's Law Dictionary and Webster's Third New International Dictionary – begs to differ.
Two weeks ago, the Temptations sued Universal Music Group for millions of dollars in revenue for downloads and ringtones. Artists including Kenny Rogers, Peter Frampton and Public Enemy have also filed similar suits against their respective labels. All such cases come on the heals of a lawsuit Eminem filed, and won, against Universal Music Group last year, which set the licensing precedent.
To read the new issue of Rolling Stone online, plus the entire RS archive: Click HereThursday, March 29, 2012
Sony Files to Dismiss Toto Lawsuit
Sony BMG has filed a motion to dismiss a suit brought by the band Toto, who are seeking unpaid royalties from digital sales, Billboard reports.
As noted in February, the initial suit alleged that Sony failed to pay the band, best known for their hit song "Africa," 50 percent of net receipts from licensing their music to third parties (such as iTunes) that sell downloads of their work. Toto was included in Sony's recent $8 million settlement over digital music revenue, along with Cheap Trick, the Allman Brothers Band, and others, but according to a statement from the music company, the band is "dissatisfied with the bargain that it struck."
Sony's motion to dismiss includes an alleged 2002 agreement between the parties over a new set of royalty rates for online retail. Its primary focus, however, is the semantic difference between the terms "license," "sale" and "lease." Toto is currently seeking damages in excess of $605,000 plus interest and full accounting and legal fees.
It was the Allman Brothers case that brought "leasing" into the conversation, with the band alleging that Sony leased the bands catalog to download providers. Now Toto is arguing that "lease" is synonymous with "license," while Sony – with help from the Oxford English Dictionary, Black's Law Dictionary and Webster's Third New International Dictionary – begs to differ.
Two weeks ago, the Temptations sued Universal Music Group for millions of dollars in revenue for downloads and ringtones. Artists including Kenny Rogers, Peter Frampton and Public Enemy have also filed similar suits against their respective labels. All such cases come on the heals of a lawsuit Eminem filed, and won, against Universal Music Group last year, which set the licensing precedent.
To read the new issue of Rolling Stone online, plus the entire RS archive: Click HereTuesday, January 24, 2012
Kenny G's Wife Files for Divorce
Kenny G and wife Lyndie BensonIt's a sad day for easy-listening saxophonist Kenny G: his wife has filed for divorce.
The musician's wife of 20 years, Lyndie Benson-Gorelick, filed papers with the Los Angeles County Superior Court yesterday, citing irreconcilable differences as the reason for separation. The couple has two sons.
With more than 75 million albums sold, Kenny Gorelick is allegedly worth around $50 million. Both parties have already retained lawyers: the musician has hired Laura Wasser, who has previously represented Britney Spears and Kim Kardashian, and Benson-Gorelick has hired Gary Fishbein, who has previously worked for Nikki Sixx.
Kenny G has enjoyed a bit of a resurgence with younger audiences lately; in the past few years, he has collaborated with Weezer and Foster the People, the latter via a surprise cameo on the band's Saturday Night Live appearance.
To read the new issue of Rolling Stone online, plus the entire RS archive: Click HereMonday, January 23, 2012
Kenny G's Wife Files for Divorce
Kenny G and wife Lyndie BensonIt's a sad day for easy-listening saxophonist Kenny G: his wife has filed for divorce.
The musician's wife of 20 years, Lyndie Benson-Gorelick, filed papers with the Los Angeles County Superior Court yesterday, citing irreconcilable differences as the reason for separation. The couple has two sons.
With more than 75 million albums sold, Kenny Gorelick is allegedly worth around $50 million. Both parties have already retained lawyers: the musician has hired Laura Wasser, who has previously represented Britney Spears and Kim Kardashian, and Benson-Gorelick has hired Gary Fishbein, who has previously worked for Nikki Sixx.
Kenny G has enjoyed a bit of a resurgence with younger audiences lately; in the past few years, he has collaborated with Weezer and Foster the People, the latter via a surprise cameo on the band's Saturday Night Live appearance.
To read the new issue of Rolling Stone online, plus the entire RS archive: Click Here
