smoe.org mailing lists
ivan@stellysee.de
| From | "Jaimie Vernon" <bullseyecanada@hotmail.com> |
| Subject | Give Brian Wilson one in the win column... |
| Date | Thu, 17 May 2007 22:26:45 -0400 |
[Part 1 text/plain (3.0 kilobytes)]
(View Text in a separate window)
Court rejects Mike Love's claims over a 2004 promo CD of rerecorded Beach
Boys songs.
Mike Love's string of lawsuits against his former Beach Boys mates was dealt
a blow late last week, as a federal judge dismissed his claims against Brian
Wilson over a 2004 promo CD Wilson made of rerecorded Beach Boys songs.
The Beach Boys on the roof of the Capitol Records buildingThe Beach Boys on
the roof of the Capitol Records building
US District Judge Audrey Collins ruled that Wilson had not breached a
fiduciary duty to Love, his cousin and one-time collaborator, both because
he was not required to inform Love of the CD and that Love was unable to
prove that a fiduciary duty even existed.
Love had filed the lawsuit in November 2005, claiming that a promotional CD
of Beach Boys songs that Wilson had rerecorded "damaged existing and future
sales of Beach Boys albums and tarnished the Beach Boys' trademark,"
according to the filing. The CD, entitled Good Vibrations, was inserted as a
giveaway in the Sept. 26, 2004 edition of the UK newspaper Mail on Sunday.
The court had previously ruled on several aspects of the case, including
those regarding the Mail on Sunday and its publisher. But Collins issued a
new decision regarding Love's specific claim that Wilson had violated his
fiduciary duty to Love.
In a stern, 17-page decision, Collins rebukes Love and states that any
partnership they ever had was merely a collaboration and not a legal
partnership, and that whatever business relationship the pair had ended in
the 1960s.
"Most damaging to [Love's] case, when asked directly if he and [Wilson]
entered into an oral partnership agreement, he simply states that they sat
down and cowrote songs together and that they never entered into a formal
agreement," Collins wrote. "Certainly [Love] and [Wilson] were
collaborators, but [Love's] mere belief that they had a legal partnership
and his repeated use of the term 'partnership' cannot substitute for
evidence that a legal partnership in fact existed."
The case was one of a number that Love has filed against Wilson over the
years, although this is the first time that Wilson won outright. In 1994,
Love was granted $13 million for songs he claimed to have cowritten with
Brian in the 1960s.
Love also sued former Beach Boy Al Jardine in 2003 over Jardine's use of the
band's name in promoting his solo concerts. That case is expected to go to
trial later this year.
Jaimie Vernon,
President, Bullseye Records
http://www.bullseyecanada.com
SWAG:
http://www.cafepress.com/bullseyecanada
BULLSEYE LIVE 365 RADIO:
http://www.live365.com/stations/bullseyerecords
Author, Canadian Pop Music Encyclopedia
http://jam.canoe.ca/Music/Pop_Encyclopedia/
http://www.myspace.com/jaimievernonsmovingtargetz
_________________________________________________________________
Windows Live Hotmail. Now with better security, storage and features.
www.newhotmail.ca?icid=WLHMENCA149
For assistance, please contact
the smoe.org administrators.