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#561887 - 08/16/08 01:19 AM
Virgin sues Leto for $30 mil
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teverett
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Must have been one hell of an advance...
Virgin Records sues Jared Leto's band for $30M From Associated Press August 15, 2008 8:32 PM EDT
LOS ANGELES - Hardcore fans of 30 Seconds to Mars aren't the only ones who want more of the band's music. Virgin Records has sued the group for $30 million, saying it has failed to deliver.
Virgin Records sued the band and front man Jared Leto in Los Angeles on Friday, claiming they refused to deliver three albums as required by its contract.
The band's last album, "A Beautiful Lie," was released in 2005.
A publicist for Leto, an actor who starred in the film "Requiem for a Dream" and the TV show "My So-Called Life," did not return a message Friday.
According to the lawsuit, the band "repudiated" a 1999 contract in July.
Despite the absence of a new album, the band's hit "From Yesterday" was deemed one of 2007's Top 10 "Hot Modern Rock Songs" by Billboard magazine.
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#561994 - 08/16/08 12:51 PM
Re: Virgin sues Leto for $30 mil
[Re: teverett]
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nycbiscuit
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Normally I'd root for the little guy, but Leto is such a giant douche. I have a hard time believing there are "hardcore" fans of 30STM.
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#562000 - 08/16/08 01:14 PM
Re: Virgin sues Leto for $30 mil
[Re: nycbiscuit]
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FranzFerdinand
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Normally I'd root for the little guy, but Leto is such a giant douche. I have a hard time believing there are "hardcore" fans of 30STM.
i don't at all. there are a bunch of them. 30stm actully does have a pretty rabid base who want jared to quit movies and focus on the tunes.
_________________________
when i was young, i only wanted to be black
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#562004 - 08/16/08 01:21 PM
Re: Virgin sues Leto for $30 mil
[Re: FranzFerdinand]
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ginchopolis
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30stm actully does have a pretty rabid base who want jared to quit movies and focus on the tunes.
And their parents want them to move out of the basement, too.
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#562010 - 08/16/08 01:41 PM
Re: Virgin sues Leto for $30 mil
[Re: ginchopolis]
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corey3rd
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soon they'll be suing Axl.
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#562017 - 08/16/08 01:59 PM
Re: Virgin sues Leto for $30 mil
[Re: corey3rd]
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Troublepuss
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There's people out there who'd pay $30 million to have Jordan Catalano take their virginity.
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#562020 - 08/16/08 02:07 PM
Re: Virgin sues Leto for $30 mil
[Re: ginchopolis]
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FranzFerdinand
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30stm actully does have a pretty rabid base who want jared to quit movies and focus on the tunes. And their parents want them to move out of the basement, too.
nice.
_________________________
when i was young, i only wanted to be black
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#562031 - 08/16/08 03:41 PM
Re: Virgin sues Leto for $30 mil
[Re: FranzFerdinand]
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HeavensDor
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Perhaps if we could look beyond perception of personality, and whether someone is or is not 'a douche', as if that should be the criteria of assessment, we might be getting a very clear indicator of the Hands on approach to EMICAP Virgin artists and their creativity. In other words this would appear to be a clear message to musicians that what you generate is merely product like soap flakes and you will deliver when we want to sell it. And tell that Da Vinci guy to get off his ass and finish the freakin' mural for the lobby NOW! Le plus sont chamges le moins sont changes ... consider yourselves duly warned by bureaucratic overkill.
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#562034 - 08/16/08 04:03 PM
Re: Virgin sues Leto for $30 mil
[Re: HeavensDor]
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teverett
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Remember Joe Smith offering to buy Jackson Browne -- in his typical perpetual writer's block -- a rhyming dictionary?
I'd still like to know where the hell that $30 million figure came from.
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#562037 - 08/16/08 04:16 PM
Re: Virgin sues Leto for $30 mil
[Re: teverett]
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violetsprl
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I was very impressed by the 30stm performance on leno. Really wanted to like the band... Even had a huge crush on leto in my so-called life.
Hate to say it, but leto does come off as a giant douche and his cover of Bjork's "Hunter" is painfully self indulgent. I wanted to like the band but...(sigh)...meh.
Leto's ego makes Robert Plant look humble.
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#562038 - 08/16/08 04:19 PM
Re: Virgin sues Leto for $30 mil
[Re: teverett]
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s7evinstar7
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I'd still like to know where the hell that $30 million figure came from.
Valtrex is pretty expensive I hear.
_________________________
Another drink and I won't miss her
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#562039 - 08/16/08 04:19 PM
Re: Virgin sues Leto for $30 mil
[Re: HeavensDor]
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schwadron
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we might be getting a very clear indicator of the Hands on approach to EMICAP Virgin artists
Didn't Virgin just sue Red Jumpsuit Apparatus as well?
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#562041 - 08/16/08 04:29 PM
Re: Virgin sues Leto for $30 mil
[Re: HeavensDor]
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AbbeBigou
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Well, let's see, this marginal band is in the hole for a fucking fortune unrecouped, so themsleves and their team are trying the typical "we want to break free" and they will expound on some silly reason, made all the more believable because of the wrongful bad press of EMI exodus afoot and the very in vogue WMG exodus. However this little bunch need to deliver their next record and next after that. The stunt won't work and is very costly in litigation kids.
Like some old Little Rascals skit "Hey gang, I have an idea, we owe a bunch of money to EMI, if we find some wacky excuse to leave, we can have a zero balance and clean slate! All the gangs are doing it, and I bet EMI won't want any more bad press, golly gee!"
"Well you little fuckers a contract is a contract and you wouldn't be so in debt if we didn't bleed dollars to break your lame ass shit, deal with it. Plus your movie career is as marginal as your music semi Goth boy. Deliver a fucking record please"
In answer to teverett, in litigation, in the dmagaes portion, you have a multitude of areas to claim any number that your heart desires. Hard losses and soft. My guess is they have a few records left and the number is based on projected loss of revenue.
_________________________
"It used to be a beautiful business" Moishe
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#562045 - 08/16/08 04:43 PM
Re: Virgin sues Leto for $30 mil
[Re: AbbeBigou]
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teverett
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That was my guess: that they're claiming (with a straight face, this being serious business) that they thought their take from 30StM would be $30M.
And if that's what they are claiming, what were they smoking?
That said, based solely on the news story, I'm with Virgin on this one, ludicrous though the actual $ may be.
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#562073 - 08/16/08 07:25 PM
Re: Virgin sues Leto for $30 mil
[Re: AbbeBigou]
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HeavensDor
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Dear Abbe,
such vinegar over a 'marginal' band? Something personal here? Look, if they are so marginal rationalising a potential loss of $30Mill is a courtroom dog and pony show we'd all get a giggle out of, especially if one were able to throw down a typical EMICAP fiction sometimes loosely referred to as a statement in rebuttal.
And if they are marginal why the litigation hullaballoo. David trying to sue Neil still looks like one of his dumbest and low class moments ... and the message that sent then is the same as the one sent now ... the industrious plodders will still line up to be indentured, but anyone of any artistic soul will look at this and say, "here's the wrestler's unilever jam of my arms up my back, and holy God whats he gonna do with that nightstick!"
Yes contracts have to be honored, even those made with the devil I suppose ... a little more ethics all round would not ever go amiss. How is major label karma these days?
Just for fun, on another note, check the release list for 1973 ... if the biz could boast but half a dozen of these titles, or enjoy a modicum of the eclecticism, then it would be strutting around with fluffed up self importance and pomp. Oh? It does anyway? Heres to record men like Mo and Ahmet and Jerry. A bas with your contemporary senior executive, mon amis.
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#562078 - 08/16/08 08:38 PM
Re: Virgin sues Leto for $30 mil
[Re: AbbeBigou]
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violetsprl
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if you read this thread in complete silence, can hear Nancy Berry laughing?
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#562089 - 08/16/08 09:55 PM
Re: Virgin sues Leto for $30 mil
[Re: violetsprl]
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HeavensDor
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Berry funny.
Almost as amusing as $50,000 birthday soirees for twelve, on the company dime of course. Empirical conceits. "Just a small town girl, ... get your Detoit rhyme in here ..."
Both the executive and the artist are capable of being beguiled by the bright lights of extravogance and the sense of entitlement. Where is that girlie now? Italy? Did Ken finally trade mountaineering for the hills of Tuscany? Great legacy ... Spice Girls, Bananarama, Simple Minds ... and a fear of women in senior executive positions.
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#562104 - 08/16/08 10:47 PM
Re: Virgin sues Leto for $30 mil
[Re: violetsprl]
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eclipticalmerc
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Way to take him down a peg!
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#562161 - 08/17/08 11:02 AM
Re: Virgin sues Leto for $30 mil
[Re: eclipticalmerc]
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SympathyEyes
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30 Million To Mars
this story stinks with desperation by EMI. not sure who's at fault really, or why we even care for that matter. Leto doesnt need the band. its always been a vanity project.
EMI layed off some people in the past few months. theyre just trying to restructure and find ways to recoup dough
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#562162 - 08/17/08 11:18 AM
Re: Virgin sues Leto for $30 mil
[Re: SympathyEyes]
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hugehits
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if 30 stm owes them money, imagine what KORN owes them, wow!
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#562199 - 08/17/08 02:36 PM
Re: Virgin sues Leto for $30 mil
[Re: teverett]
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teek
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Virgin should sue themselves for being foolish enough for a) signing 30 Seconds to Mars and giving them an advance and b) thinking that TSTM could conceivably generate $30m worth of anything.
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#562387 - 08/18/08 08:02 AM
Re: Virgin sues Leto for $30 mil
[Re: shaolin]
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PaulCashmere
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EMI's new business model, why A&R when you can sue...
Jared Letos letter to fans ....
To our Friends and Fans,
Despite rumors to the contrary, 30 Seconds to Mars is NOT calling it quits. We are incredibly happy, healthy and very much together here, in Los Angeles, recording our new record. Besides this ridiculously overblown lawsuit (courtesy of Virgin/EMI), we are having one of the most inspiring, wonderful and exciting times that we've experienced to date. (More on that later...)
Beyond this distraction, we are so incredibly grateful to all of you around the world that have supported us so passionately. We would never consider stopping this just yet. These past few phenomenal years have been beyond imaginable and we owe every single bit of it to you. Thank you all for that!
So, as you may have heard we are being sued by our former record company for the ridiculously oversized, totally unrealistic and pretty silly (but slightly clever) sum of $30,000,000. Insane? Yea that's what we said too.
A little history...
We had been signed to our record contract for 9 years. Basically, under California law, where we live and signed our deal, one cannot be bound to a contract for more than 7 years. This is widely known by all the record companies and has been for years. In fact, so aware of it are they that they desperately try to make deals outside of California whenever possible. It is a law that protects people from lengthy, unfair, career-spanning contracts. This law also gave us the legal right to explore other possible opportunities.
Yes we have been sued by EMI. But NOT for failing to deliver music or for 'quitting'. We have been sued by the corporation quite simply because roughly 45 days ago we exercised our legal right to terminate our old, out of date contract, which, according to the law is null and void.
We terminated for a number of reasons, which we won't go into here (we'd rather not air any dirty laundry) but basically our representatives could not get EMI to agree to make a fair and reasonable deal.
A few things to note...
If you think the fact that we have sold in excess of 2 million records and have never been paid a penny is pretty unbelievable, well, so do we. And the fact that EMI informed us that not only aren't they going to pay us AT ALL but that we are still 1.4 million dollars in debt to them is even crazier. That the next record we make will be used to pay off that old supposed debt just makes you start wondering what is going on. Shouldn't a record company be able to turn a profit from selling that many records? Or, at the very least, break even? We think so.
That, and other issues, like the new regime at EMI firing most of the people we know and love, wanting to place advertisements on our website, EMI owning 100 percent of the masters of our record...forever, and basically having a revolving door of regimes at the company made it easy to not want to continue as is.
As the result of this takeover - and the firing of over 2000 employees - we have lost many of the people that were near and dear to us at Virgin/EMI and crucial to the success of 30 Seconds to Mars. A few of the great ones are still there, but it is hardly the same company we have known. After more than 5 regime changes in 9 years you'd think we would be used to the inconsistency, but the team that took the journey together for A Beautiful Lie was a very very special group of people and it's a huge loss that so many of them are gone. (Quick fact: There is not a single employee at Virgin Records who was working at the company when we signed.)
FYI Virgin/EMI was not required to make this lawsuit public or to list such an egregiously and stupendously large amount of mullah. In fact, they were not required to set any price even close to this. We did not want to take this public, but we felt it best to explain our point of view to you, our friends and fans, in hope that you can better understand our point of view.
We would always do our best to avoid a fight, but sometimes it's important to stand up for what you believe in. We hope that by doing what's right we can help to change things for the better, for ourselves and possibly others.
P.S. We will always remain grateful to the people at Virgin/EMI who were so integral to our success. And we hope that, above all, we can find a resolution to this in as civil and kind a way as possible.
There are certainly more important things out there in the world to spend time and energy on.
To be continued...
Jared Leto 30 Seconds to Mars
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#562393 - 08/18/08 08:59 AM
Re: Virgin sues Leto for $30 mil
[Re: PaulCashmere]
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AbbeBigou
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Well Jared, to be honest 1.4mm is a very small sum considering the amount of money it took to break your record. To find the idea of recoupment record to record incredulous is silly on your part when it is the norm. Think of being on an indie where your mechanicals are cross collateralized and be happy that is not the case.
Let me drop another bomb on your parade. You may be able to get a nice advance from another label due to your prior sales but then you will again be in debt and quite frankly I'm not sure you will sell another million units.
One step further, if you think you can pull an Irving and go it alone, well then certainly don't count on a big record. You need radio son and that is costly and no these virtual set ups and one stops shopping services can't pull that off, not at the level you are used to.
You do know other labels will feel a bit leery working with you if you are always going to consider suing them or breaching, unless of course you have already identified your new home and are working in concert with them to extract you from EMI, which is tortious dear.
Nice of you to thank the regime at EMI who did break your record, it was silly how long they stayed on it and how much they spent to break it.
As per your distaste at EMI not wanting to negotiate a new deal, well I assume you are looking for a pay day and in the Guy Hands era, silly advances just won't and don't happen. Ask Radiohead or Jagger and Co.
Jared when you're done with EW, read this little gem in the Post to understand EMI's new era of fiscal accountability:
For example, Elio Leoni-Sceti, the chief executive of EMI Music, is said to be paid less than $1 million a year plus incentives - which pales in comparison to the $18 million Doug Morris, the CEO of Universal Music Group earned in 2005.
You know Jared, you are very lucky as most actor types can't sell 3 units let alone a million. Most of your pals sell cardboard at the very most, so you did OK. Another thing to ponder is how lucky you are that when you need a hit of cash you could always take a role for a few hundred thousand in pocket change. I'd bet there are countless starving musicians who would bleed for that option in life.
You are very fortunate dear boy, especially considering you are merely a Jonas Brother for the Emo/Goth set.
Keep listening to your handlers and minders (who also benefit from a thing called commission) and we'll see you soon on many a direct to DVD offering.
_________________________
"It used to be a beautiful business" Moishe
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#562395 - 08/18/08 09:03 AM
Re: Virgin sues Leto for $30 mil
[Re: AbbeBigou]
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Darren
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frankly I'm not sure you will sell another million units.
Wait, 30 Seconds to Mars sold a million units? On what planet? In what dimension?
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#562406 - 08/18/08 09:57 AM
Re: Virgin sues Leto for $30 mil
[Re: Darren]
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hugehits
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Abbe, no worry here, EMI knows all about other labels funding lawsuits.
Most artists negotiate after a platinum record, the question here is can they get out of their deal on a California state law?
One thing is for sure, they will not be releasing a record for a long time.
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#562419 - 08/18/08 10:38 AM
Re: Virgin sues Leto for $30 mil
[Re: hugehits]
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Threnody
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You are very fortunate dear boy, especially considering you are merely a Jonas Brother for the Emo/Goth set.
This made me giggle.
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#562429 - 08/18/08 11:25 AM
Re: Virgin sues Leto for $30 mil
[Re: Threnody]
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SprmntRhinoFan
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Abbe-
I'm really fucking cynical with this shit - this stinks of PR stunt - especially the "$30 million for 30 seconds to mars" - which is an absolute bullshit figure. But in a press release - don't you think that reporters are going to write the story?
30Seconds is probably almost done with their next album (if not done with their album). They haven't released anything for three years - and they are already entering a cluttered landscape of stable and emerging artists. They need respark interest in the band.
You and I know that ramping up the PR machine costs a shitload of money. Look at the coverage their getting off this crock of shit lawsuit? It's worth millions in itself because it's "news". Think of how much money EMI would put in radio promo, word of mouth campaigns and the other bullshit PR methods we use. This thing is getting good coverage on the internet and in mainstream press.
If Guy Hands wants to drop the operating costs at EMI, think about how much PR money was saved with a bullshit lawsuit like this. The exorbitant sum of thirty million has to get coverage.
This lawsuit is pure bullshit. Both Leto and EMI know it and will probably "reconcile" or "come to an agreement" right before their album comes out. This lawsuit is a PR stunt. And for any of you worth your salt, you know that lawsuits have been used as PR stunts for years.
If it's not a PR stunt - then their manager is smoking crack because they are NOT in a position to renegotiate after ONE platinum record. And who would take the risk to fuck over their friends at another label for this act? They only have... again ONE platinum record. I know those are hard to come by these days, but still... seems like a PR stunt.
Edited by SprmntRhinoFan (08/18/08 11:26 AM)
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#562432 - 08/18/08 11:31 AM
Re: Virgin sues Leto for $30 mil
[Re: Threnody]
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corey3rd
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How shocking that Leto is whining about what's been the standard "we got screwed by our record company" whine. Did he think he was a special boy on the cellblock?
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#562440 - 08/18/08 11:52 AM
Re: Virgin sues Leto for $30 mil
[Re: AbbeBigou]
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blastjacket
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One step further, if you think you can pull an Irving and go it alone, well then certainly don't count on a big record.
Isn't he handled by Irving? I think Lee, I mean Jared, should shut up.
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#562445 - 08/18/08 12:02 PM
Re: Virgin sues Leto for $30 mil
[Re: blastjacket]
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MayorWest
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Isn't he handled by Irving? I think Lee, I mean Jared, should shut up.
You are correct that they are at AGP, but Irving isn't handling them. Geary is their manager.
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#562513 - 08/18/08 01:25 PM
Re: Virgin sues Leto for $30 mil
[Re: teverett]
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Paul
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As an aside, it always bugged me that the guy who got paid for portraying Lennon's murderer in some pointless movie would be an A-priority at EMI.
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#562540 - 08/18/08 02:05 PM
Re: Virgin sues Leto for $30 mil
[Re: AbbeBigou]
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Soup
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Unless I'm way off base, 2 million records should bring in $20 million in revenue. Who in the world would spend essentially $10 per unit in promotion and advertising? As for the 2 million records, if that's soundscan then in the US alone there are at least another 50,000 out there which should be another $500,000. It's no wonder these companies are going under.
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#562553 - 08/18/08 02:48 PM
Re: Virgin sues Leto for $30 mil
[Re: PaulCashmere]
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rope_burn
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We had been signed to our record contract for 9 years. Basically, under California law, where we live and signed our deal, one cannot be bound to a contract for more than 7 years. This is widely known by all the record companies and has been for years. In fact, so aware of it are they that they desperately try to make deals outside of California whenever possible. It is a law that protects people from lengthy, unfair, career-spanning contracts. This law also gave us the legal right to explore other possible opportunities.
Yes we have been sued by EMI. But NOT for failing to deliver music or for 'quitting'. We have been sued by the corporation quite simply because roughly 45 days ago we exercised our legal right to terminate our old, out of date contract, which, according to the law is null and void.
Is it actually Californian law, or just something that all labels refuse to have challenged in court?
Has any other group used it to walk away from a contract. I know artists that use it to renegotiate, but I'm unaware of anyone walking away.
All future label contracts could just have a "cannot be a legal resident of California" clause that would close the loophole.
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#562558 - 08/18/08 03:06 PM
Re: Virgin sues Leto for $30 mil
[Re: rope_burn]
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DieterK
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Registered: 02/26/07
Posts: 100
Loc: Frankfurt, Germany
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"Is it actually Californian law, or just something that all labels refuse to have challenged in court?"
The De-Havilland-Law (California Labor Code Section 2855) was the result of a lawsuit filed in the 1940s by Olivia De Havilland (and the SAG) against Warner Bros. Pictures (the studios could suspend their actors and add the suspension period to the contract period).
But after years of lobbying the RIAA got an exemption (in 1987): the De-Havilland-Law doesn't apply for music industry contracts.
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#562562 - 08/18/08 03:21 PM
Re: Virgin sues Leto for $30 mil
[Re: DieterK]
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rope_burn
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Registered: 12/16/02
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Loc: Vancouver
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But after years of lobbying the RIAA got an exemption (in 1987): the De-Havilland-Law doesn't apply for music industry contracts.
I thought it was used, or attempted to be used, by BECK and LeAnn Rimes?
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#562608 - 08/18/08 04:26 PM
Re: Virgin sues Leto for $30 mil
[Re: rope_burn]
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streetlight
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Registered: 07/27/01
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Hey Paul! AAAAAaaaaah! You're sued.
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#562652 - 08/18/08 05:51 PM
Re: Virgin sues Leto for $30 mil
[Re: streetlight]
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nycbiscuit
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Registered: 09/24/02
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Most contracts I've seen call for options for albums and delivery periods. Considering it's been 3 years since the last album, sounds like they've been dragging their feet in delivering said last option. And the suit was a response to that and a response to their "repudiation" claim.
And Soup, yes, you're way off with your numbers. But also remember EMI's profits or break even point is in no way related to 30STM's break even or recoupment benchmark.
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#562655 - 08/18/08 05:58 PM
Re: Virgin sues Leto for $30 mil
[Re: rope_burn]
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MayorWest
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Registered: 03/20/07
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But after years of lobbying the RIAA got an exemption (in 1987): the De-Havilland-Law doesn't apply for music industry contracts. I thought it was used, or attempted to be used, by BECK and LeAnn Rimes?
The law was also used by Incubus in 2003. While there was an exemption granted in 1987, I highly suspect no record labels really want to actually be challenged in court (i.e. go to verdict) over the law, which is why bands still use it to try to re-negotiate contracts despite knowing of the exemption. These things usually end up with a band challenging the label, the label counter suing for damages and breach of contract and both sides settle out of court before a verdict.
If it were to actually go to the courts for verdict and that exemption overturned, whether it be from a California court or work its way into the Federal Supreme on appeals and they lose, the proverbial flood gates would open across the board for all bands under California contracts. From there, a precedent could be set and bands from other states would want to challenge their contracts, etc.
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#562669 - 08/18/08 06:30 PM
Re: Virgin sues Leto for $30 mil
[Re: MayorWest]
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rope_burn
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Registered: 12/16/02
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The law was also used by Incubus in 2003. While there was an exemption granted in 1987, I highly suspect no record labels really want to actually be challenged in court (i.e. go to verdict) over the law, which is why bands still use it to try to re-negotiate contracts despite knowing of the exemption. These things usually end up with a band challenging the label, the label counter suing for damages and breach of contract and both sides settle out of court before a verdict.
If it were to actually go to the courts for verdict and that exemption overturned, whether it be from a California court or work its way into the Federal Supreme on appeals and they lose, the proverbial flood gates would open across the board for all bands under California contracts. From there, a precedent could be set and bands from other states would want to challenge their contracts, etc.
So LETO's claim they can just walk away after 7 years because it's Californian law holds as much ground as the label's claim that their future album sales are worth anywhere near $30mil?
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#562753 - 08/18/08 10:58 PM
Re: Virgin sues Leto for $30 mil
[Re: DieterK]
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LordnMaster
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Registered: 04/28/07
Posts: 237
Loc: California
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"Is it actually Californian law, or just something that all labels refuse to have challenged in court?"
The De-Havilland-Law (California Labor Code Section 2855) was the result of a lawsuit filed in the 1940s by Olivia De Havilland (and the SAG) against Warner Bros. Pictures (the studios could suspend their actors and add the suspension period to the contract period).
But after years of lobbying the RIAA got an exemption (in 1987): the De-Havilland-Law doesn't apply for music industry contracts.
I was just about to post the very exact "thing"/reply AND YES THAT IS IN FACT 100% CORRECT and ACCURATE
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#562763 - 08/18/08 11:25 PM
Re: Virgin sues Leto for $30 mil
[Re: LordnMaster]
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Avalon
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Registered: 03/14/08
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Is there a lawyer in the house who can translate for us laymen?
2855. (a) Except as otherwise provided in subdivision (b), a contract to render personal service, other than a contract of apprenticeship as provided in Chapter 4 (commencing with Section 3070), may not be enforced against the employee beyond seven years from the commencement of service under it. Any contract, otherwise valid, to perform or render service of a special, unique, unusual, extraordinary, or intellectual character, which gives it peculiar value and the loss of which cannot be reasonably or adequately compensated in damages in an action at law, may nevertheless be enforced against the person contracting to render the service, for a term not to exceed seven years from the commencement of service under it. If the employee voluntarily continues to serve under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation. (b) Notwithstanding subdivision (a): (1) Any employee who is a party to a contract to render personal service in the production of phonorecords in which sounds are first fixed, as defined in Section 101 of Title 17 of the United States Code, may not invoke the provisions of subdivision (a) without first giving written notice to the employer in accordance with Section 1020 of the Code of Civil Procedure, specifying that the employee from and after a future date certain specified in the notice will no longer render service under the contract by reason of subdivision (a). (2) Any party to a contract described in paragraph (1) shall have the right to recover damages for a breach of the contract occurring during its term in an action commenced during or after its term, but within the applicable period prescribed by law. (3) If a party to a contract described in paragraph (1) is, or could contractually be, required to render personal service in the production of a specified quantity of the phonorecords and fails to render all of the required service prior to the date specified in the notice provided in paragraph (1), the party damaged by the failure shall have the right to recover damages for each phonorecord as to which that party has failed to render service in an action that, notwithstanding paragraph (2), shall be commenced within 45 days after the date specified in the notice.
Section 1020 of the Code of Civil Procedure. Any notice required by law, other than those required to be given to a party to an action or to his attorney, the service of which is not governed by the other sections of this chapter and which is not otherwise specifically provided for by law, may be given by sending the same by registered mail with proper postage prepaid addressed to the addressee's last known address with request for return receipt, and the production of a returned receipt purporting to be signed by the addressee shall create a disputable presumption that such notice was received by the person to whom the notice was required to be sent.
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#562956 - 08/19/08 01:53 PM
Re: Virgin sues Leto for $30 mil
[Re: nycbiscuit]
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Soup
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Registered: 06/02/06
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Most contracts I've seen call for options for albums and delivery periods. Considering it's been 3 years since the last album, sounds like they've been dragging their feet in delivering said last option. And the suit was a response to that and a response to their "repudiation" claim.
And Soup, yes, you're way off with your numbers. But also remember EMI's profits or break even point is in no way related to 30STM's break even or recoupment benchmark.
I can se how they aren't related. It's just odd to me. I think you slightly misinterpreted what I stated. If they sold $2 million records to retailers at $10 per CD (just an easy math number which should be somewhat close from my Sony days of a price) you get $20 million in revenue (not profit). What in the world could 30stm recoupment point be to get paid on the record? I guess my flawed logic is that if you have $20 million (or even $15 million) in revenue off 2 million sold you have to be well into the black otherwise it's an illogical buisness model. My thinkin may be way off. I'm still very tired from the Keb Mo/Robert Cray show last night that was an hour away.
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