Music News Net

TRUTH & SALVAGE CO. Singer/Songwriter Files Lawsuit Against Marriott Corp

   MUSIC NEWS- According to a recent lawsuit filed in Tulare County California,  Tim Jones, one of the four singers/songwriters of the group TRUTH & SALVAGE COMPANY, was shaken awake and pulled from his bed by hotel security and local police while sleeping at the Marriott Hotel in Visalia, CA.  Jones, a Marriott Rewards member and a registered guest staying the night at the Visalia Marriott in February 2010 as part of the band's opening slot on a Black Crowes tour,  was handcuffed, assaulted, taken to jail and cited for trespassing and resisting arrest in his own hotel room after performing at a concert earlier in the evening.

"Best New Artist" Grammy Award Rules Updated

MUSIC NEWS - To evolve and improve its Awards process, The Recording Academy announced changes to eligibility rules in the Best New Artist category, the Classical Field, and for Recording Academy-produced performances. The new rules go into effect immediately for the upcoming 53rd Annual GRAMMY Awards on February 13, 2011, with the total number of GRAMMY categories remaining at 109.

New eligibility requirements for Best New Artist;

New artists have at least one chance to compete in the Best New Artist category, provided that the artist has not already won a GRAMMY. The current eligibility requirements state that the artist must have released, as a featured performing artist, at least one album but not more than three; and the artist must not have been entered for Best New Artist more than three times, including as a performing member of an established group. Any previous GRAMMY nomination for the artist as performer precludes eligibility in the Best New Artist category (including a nomination as an established performing member of a nominated group.)

Court Decides on MEN AT WORK "Down Under" Plagiarism Case

MUSIC NEWS- Australian rockers Men At Work won't have to pay out as much money as they thought for plagiarising an Aussie folk song for their classic rock tune, Down Under.  A Sydney court ordered them to hand over 5% of the royalties to the publisher of the children's song Kookaburra Sits In The Old Gum Tree , a sum which could top $100,000.

Earlier in the year, an Australian court ruled that the band's songwriters, Colin Hay and Ron Strykert, had broken copywrite laws by taking parts of a flute riff when they recorded Down Under.  Larrikin Music Publishing (Kookaburra... publisher) asked the court for nearly 60% of the song's royalties, but a Federal Court judge said he considered "the figures put forward by Larrikin to be excessive, overreaching and unrealistic".

MADINA LAKE Bassist, Matthew Leone, Hospitalized

MUSIC NEWS - Madina Lake's bassist, Matthew Leone, is in a Chicago hospital afer being severely beaten in the Chicago neighborhood of West Town.  Apparently, Leone came to the aid of a woman who was being assaulted by her husband on a local street early Tuesday morning, according to the local news site, Chicago Breaking News.

“Matthew saw something he didn’t like to see and tried to step in and the guy turned on him instead, but then the two of them (the couple) walked off together like nothing happened,” said an unnamed police officer, according to the website. Lead singer in the band, Nathan Leone, and Matthew’s twin brother, said he was due to meet up with his brother at a local bar, and as he arrived he saw his brother trying to stop the husband from hitting the woman.

BILLY JOEL and Former Drummer, Liberty Devitto Settle Lawsuit

MUSIC NEWS -  Billy Joel's longtime drummer and music associate, LIBERTY DEVITTO has settled his lawsuit in which he accused Joel of keeping royalties from many of his biggest albums from him, the singer's lawyer announced on Wednesday.

In Joel's heyday, from 1975 thru 2005 Liberty DeVitto was Joel's main drummer and performed on classic Billy Joel albums such as "The Stranger," "52nd Street," "Glass Houses" and "Storm Front".  DeVitto also appeared live with Joel as part of his touring band.

ROLLING STONE, Ron Wood, Arrested in the UK !

MUSIC NEWS -  Rock guitarist Ron Wood (the Faces, Rolling Stones), 62, was arrested in London on Wednesday night on suspicion of assault charges in connection with a domestic violence incident.  He wasted no time in getting out of the slammer, and posted bail Thursday AM, according to Surrey, England police who have not yet released any details on the incident,  which remain under investigation.

“I can confirm that there was an incident last night and that Ronnie Wood was arrested,” said Wood’s spokesman, David Rigg. “He has since been released on police bail."

Wood has been battling alcoholism for some time, and has had many rehab stints. Wood made the celebrity tabloid news back in July 2008 when he started dating Ekaterina Ivanoca, a young Russian model.  His involvement with the young Ivanoca led to the end of his 24-year-old marriage, which divorce was finalized last month.

NOEL GALLAGHER Attacker to Be Sentenced

MUSIC NEWS - Remember last year, when a man jumpeed on stage at an Oasis concert in Canada and attacked Noel Gallagher causing three broken ribs?  Now the attacker, Daniel Sullivan,, 47, has pled guilty to all charges and will be sentenced on February 5, 2010. The Toronto Sun reports that Sullivan claims he was drunk at the time of the incident, which happened at the Virgin Festival in Toronto, and doesn't remember anything other than jumping a fence.

GIBSON GUITAR Factory Raided by Fish and Wildlife Service Agents

MUSIC NEWS  - Gibson Guitar's factory in Nashville, TN was raided this week by local police and federal agents over the company's alleged use of rainforest wood used in the manufactuing of its' guitars.  The agents seized wood, guitars, computers and boxes from the Gibson facitity. Reports are that the factory was searched under the Lacey Act, which attempts to tackle the trafficking of illegal wildlife, plants and fish.

The search, carried out by the Fish and Wildlife Service, was to look for the use of rosewood that has been illegally harvested from the rainforest in Madagascar.   In a written statement, Gibson Guitar said it is "fully cooperating with agents of the United States Fish and Wildlife Service as it pertains to an issue with harvested wood".

Types of exotic hardwoods have been traditionally used by guitar firms in the making of their instruments.   Sources told the NashvillePost.com that Gibson was involved in an arrangement that shipped the wood from Madagascar to Germany and then to the USA.

And, Gibson CEO Henry Juszkiewicz has taken a leave of absence from his position as board member of the Rainforest Alliance, an international conservation group

Bono's Wife and McCartney's Daughter in "Nude" Fight

     Music News -  From the UK; Bono's wife is suing Paul McCartney's daughter!  Yes, Ali Hewson and Stella McCartney will face off in British court, or at least their companies will. Hewson, who owns Nude Skincare, has a problem with the new fragrance released by Stella McCartney called Stella Nude.

As a result Mrs Bono and her business partner, Bryan Meehan have filed a lawsuit against Stella and her company claiming the use of the word 'nude' in the name of McCartney's fragrance is trademark infringement, saying they own the rights to the word in relation to skin care!

UK's The Daily Mail reported: "Nude Skincare is suing for compensation, not because of anything to do with the scent of the perfume but because of branding and the use of the word 'nude'. Stella isn't likely to make any changes now because the fragrance is coming out in September and nudity is a big part of the perfume's look. The bottle, for example, is a nude colour".   Gary Johnston, a trademark specialist at Mathys & Squire in the UK said: "Nude Brands are in the driving seat given that they own the NUDE brand in the EU for perfumery. Stella Nude is clearly a brand on the run.”

The case is scheduled to go before the court in London later this year.  We thought you'd want to know.

UPDATE 8/20/09 - Judge rejects bid to stop Stella perfume launch, see report.

TOM WAITS Former Manager Sues Journalist Over Book Claims

     MUSIC NEWS - Tom Waits' former manager Herb Cohen has brought a libel lawsuit against British  music journalist Barney Hoskyns, and publisher Random House, over allegations of criminal practices  in Hoskyns' book 'Lowside Of The Road, A Life Of Tom Waits', published in May of this year.

Cohen, who says that he discovered Waits when the singer was 21, claims he also has managed Frank Zappa, Tim Buckley, Alice Cooper, Linda Ronstadt and others, is suing for $1 million over the book, which apparently says that during his period of managing Waits, 1971 to 1982, Cohen robbed him, and that the artist sued Cohen and his company over fraudulent accounting practices.  Cohen denies ever litigating copyright issues with Waits, though he does acknowledge that he settled a lawsuit with the singer/songwriter back in 1983.  Media reports indicated that Waits filed that lawsuit because Cohen's company, Third Story Music licensed, two of Waits' songs for commercials without theWait's permission.  In the book, Hoskyns also suggests that Cohen stole money from other clients, and Cohen also says these claims are untrue and defamatory.

 

The New Band, THE FALLEN, Sparks Legal Action Over the Name

     MUSIC NEWS - We had recently reported (see story here) that Ben Moody and other former Evanescence members  aligned with former American Idol finalist Carly Smithson to form a new band, calling it, THE FALLEN, but now get word of legal action against the new band.  The label bosses at SKH (Moody's band's record company) have been hit with a cease and desist notice from the managers of another act already calling themselves The FALLEN.  Alfadog Music executives fired off the legal action to Skh Music bosses, insisting that Moody and Smithson's group need to come up with another name.  The original The Fallen, were formed in 2005 and posted a message to fans of their website, sayig, "We are truly sorry for the confusion that stemmed from an unexpected announcement from Skh Music."   Ironically, the band has just released its second album, Between The Angels And The Deep Dark

The Philadelphia, PA based, THE FALLEN,  started in late 2005 as an experimental project between musicians Gabe Horning and Mark Bolger, added drummer Dwight Sensenig and vocalist Audra McLaughlin in late 2007 and completed in early 2009 with the addition of bassist Troy Feuerstein. In August of 2008 they released their debut album, 'Between The Devil And The Deep Blue Sea'. They recently released their second album in 2 years, 'Between The Angels And The Deep Dark Sky'.

We've contacted SKH over these charges but have not yet received a response.

LEMONHEADS Leader Sues GM Over Song Use

     MUSIC NEWS - The founder of the American alt rock band, the Lemonheads has filed a lawsuit in Los Angeles Federal Court on Thursday against General Motors, claiming the auto company had  copied one of his songs for an ad.  Evan Dando is suing GM and its advertising firm, claiming the automaker violated his copyright on The Lemonheads tune "It's a Shame About Ray."

The complaint alleges the song was re-recorded and included in a 2008 TV campaign for Chevrolets and Buicks. Dando is seeking damages and a percentage of the of profits from the campaign.  So far, there has been no reponse from GM, which sought federal bankruptcy protection this week, and the advertising firm Asche & Spencer, Inc .  Mr Dando's attorney, Kia Kamran said; "The facts in the complaint state Evan's case.  The similarities between the song being whistled in the commercial and "It's a Shame About Ray" are undeniable."  Take a listen to GM commercials, below-

The Lemonheads are about to embark on a tour to promote the June 23 release of their new album, Varshons (order below) on The End Records.  News, here.  

Heavy Metal Lawsuit, Ozzy Sues Tony Iommi over BLACK SABBATH Name

     Music News - Ozzy Osbourne's attorneys have filed a lawsuit with the USA Patent and Trademark Office against Mr Osbourne's former Black Sabbath bandmate, Tony Iommi, with claims that Mr Iommi has improperly taken over ownership of the Black Sabbath without having the legal right!. (read Ozzy’s full statement on the suit below the break)  According to the NY Post, Osbourne’s suit seeks a 50% stake in the “Black Sabbath” trademark and the filing claims Osbourne is entitled to a portion of the profits Iommi has generated through use of the band name. The suit further suggests that Osbourne’s “signature lead vocals”  helped propel the band’s “extraordinary success”.  The suit also points out that Sabbath’s popularity went into a decline when Ozzy left BS, during 1980 and 1996. That's when former Rainbow vocalist Ronnie James Dio took over behind lead vocalist chores.

Ozzy's action likely stems from Iommi's 12/08 lawsuit against entertainment firm, Live Nation claiming that the company sold merchandise with the BLACK SABBATH  logo, in violation of a 2006 expiration of a merchandising deal, reportedly worth nearly $80 million. Soon after the agreement ended, Iommi took back the band’s trademark.  Iommi’s suit argued that Live Nation continued to sell more than 100 items of merchandise featuring the band’s likeness, name and logo, despite the cease-and-desist order from the guitarist’s legal team. Iommi’s suit seeks damages in the amount of three times the profits from the merchandise sales, plus a halt to the Black Sabbath merchandise sales.

A real shame when friend's fight, huh?

San Francisco's Free Woodstock 40th Anniversary Concert Will Fight "Cease and Desist" Order

     MUSIC NEWS - With the increased interest in all things Woodstock and the original event's 40th Anniversary, some legal squables has already started.  And now, the organizer's of San Francisco's planned daylong celebration have announced that they will fight the original Woodstock promoters.  These are the same Summer of Love folks that revisit the Hippie Sacred Ground in Golden Gate Park every 10 years to celebrate San Francisco's Human Be In that became the Summer of Love that became the Woodstock Generation and the Age of Aquarius.   Council of Light leader and SF event promoter, Boots Hughston, Former District Attorney Terrence “Kayo”Hallinan, Woodstock veteran musician and attorney Barry “The Fish” Melton and his partner Country Joe McDonald along with Lester Chambers of The Chambers Brothers and Super Lotto Winner Dennis “Mr. Lucky” Sanfilippo announced today at a press conference that despite a Cease and Desist demand from NY's Woodstock Ventures, their day long free show on Sunday, October 25th is fully permitted, financed and will take place as scheduled. Hughston also complained of “an old fashioned shakedown tactics for money” by Woodstock producer Michael Lang.

BILLY JOEL's Former Drummer Files Lawsuit, Liberty DeVitto Says He's Owed $$$

MUSIC NEWS -  The "Piano Man's longtime drummer, Liberty DeVitto, has opted to sue his old boss,  Billy Joel, under claims that the Long Island, NY "PIANO MAN" hadn't paid the drummer royalties for the last 10 years !   Liberty DeVitto, Joel's drummer of 30 years, filed a suit against the singer/songwriter and his record company, Columbia Records /  Sony Music, on Tuesday (May 19, 2009) in Manhattan Supreme Court.   Mr DeVitto, 58, says that he was shocked when he was abruptly fired by Joel and thrown out of the backing band in 2005 (after being with him since 1975 during Billy's biggest days).  That's the same year that Mr Joel checked himself into an alcohol rehab center for alcohol abuse.   DeVitto told the New York Post "Everybody always assumes that you make a lot of money because you worked with Billy Joel. It didn't happen that way. People get fired, they get severance or insurance for a certain period of time. I didn't even get a phone call. It was cold."   The Brooklyn, NY drummer now works as a studio musician and believes he was kicked out of the band after he took part in an intervention with Joel over his addictions.   He added, "I thought I could say things to him as a friend...  This is what I would tell Billy: 'If you only had talked to me... this probably never would have happened.'"  "I think he's insensitive to other people," Mr DeVitto said of Joel, a Gold album man, with six Grammys and 33 Top 40 hits.

DeVitto's lawyer,  Brian Gucciardo says, "It's all subject to an audit. We're talking a long period of time and worldwide sales."   Mr Joel has declined to comment on the suit.  He's currently on the road with Elton John on their "FACE to FACE" tour (itinerary below). See news on Elton's Red Piano release.

UPDATE 4/21/10- Joel and DeVitto come to terms, see news on settlement .