Slash, Duff Sue Axl Over Guns N' Roses Publishing Royalties

[Eva GnRAxlRosette]

I came across this article regarding the sale of publishing rights and it sheds some light on what Axl and Sanctuary had to consider in regards to the publishing deal it made with Axl.

The Reason Clear Title Is Important

? ? ? ? This may seem self-evident but before you can sell something, you should own it.? Yet, many publishers may actually believe, quite innocently and in good faith, that they own rights which they do not own.? ?During the process of a sale, however, the buyer is likely do an intellectual property audit and if there is a gap in the ownership that shows up during that examination, that is going to come at a very inconvenient time for the parties, especially the seller.? If, at that time, the seller has to approach the creator of rights to seek an after-the-fact agreement because it turns out that the publisher does not actually own that which it believed it owned, the negotiating leverage is entirely within the realm of that creator and the seller may find that the deal then is much, MUCH more expensive to make.? Having been making deals for the entirety of my several decades long legal practice, I can say that once there are a few dollars on the table, making a deal is often very difficult indeed.? Any creator, knowing that the other party, the publisher in this instance, has to make a deal in order to complete the sale, will almost assuredly make requests in the negotiation that increase the cost to the publisher.? There is nothing wrong with that strategy.? It is called free-market capitalism and the publisher has only itself to blame for making itself vulnerable by not acquiring all the rights at a time when the negotiating tables might have been to its advantage.

? ? ? ? Further, as part of the deal, the publisher is very likely going to have to represent and warrant that it actually owns what it is selling, that there are no other parties that own rights to the IP assets and other forms of representations and warranties as to title and other elements.? The publisher will also likely have to indemnify the buyer against any breach of warranty as to any such claims and other of the publisher?s obligations.? Thus, if any part of the rights that are being sold are not in fact owned by the publisher, the publisher is likely to be in breach of the warranty, the indemnity is likely to commence right away and the publisher may then find that it has to spend many, many thousands of dollars in attorneys fees (the publisher?s as well as the buyer?s attorneys) and perhaps damages and costs to the seller and perhaps to the creator (and maybe even the creator?s attorney?s fees as well) rectifying the situation that could have been handled much less expensively had it been done right in the first instance.

? ? ? ? There may of course be other consequences to lacking a clean chain of title including but not limited to dealing with heirs of deceased creators (see discussion below) and other consequences.? But the point should be clear:? Taking care of legal obligations at the inception of the relationship between creator and publisher is the best way to make a problem not a problem.

? ? ? ? Help me is almost always cheaper than fix me.

source: http://www.ivanhoffman.com/selling.html

Slash and Duff are claiming that Axl sold publishing rights which he himself did not own - hence had no right to sell.
If we begin with the assumption/understanding that GN'R (as a partnership of Axl, Slash, and Duff) owns the publishing rights, Axl could not sell those rights wholly - however, as the partnership allows, he may sell his portion of those rights.? ?This is what Sanctuary announced took place.?
So seems Slash and Duff's are claiming, (as they claim in the original suit) that Axl does not have any publishing rights to GN'R songs, not even a portion.

[marknroses]

I love Axl fans because I can relate to them even though I am not like them. I love Axl too.
But is it really worth playing a game of chess when all you gotta do is play battleship?

In other words, you take the side of our hero who has been trying to do much behind the scenes in the last 11 years (recruiting, losing members, firing producers, getting into lawsuits, playing mind games with himeslf before appearing 1 hour late to concerts) by doing exactly what he does with posts such as this.

All Slash and Duff said was that they didn't get their money. Now they get an avalanche of legal jargon from Axl lovers to prove that they are not only wrong, but malicious in intent to destroy Axl and his credibility with the GNR name. Its Axl who has done this by not putting out the record. You are all just frustrated (I am too). But that doesn't mean I go around bagging on ex-members whose contributious are parallel with Axls regarding the success of the GNR. Not only that, but they make music, and contribute to some great causes out there.

This lawsuit really doesn't fucking matter at this point anyways. Im looking forward to the next VR record, keep playing your chess games behind the rock star who is tended by his maid in his malibu mansion.

MNR

[killingvector]

I love Axl fans because I can relate to them even though I am not like them. I love Axl too.
But is it really worth playing a game of chess when all you gotta do is play battleship?

In other words, you take the side of our hero who has been trying to do much behind the scenes in the last 11 years (recruiting, losing members, firing producers, getting into lawsuits, playing mind games with himeslf before appearing 1 hour late to concerts) by doing exactly what he does with posts such as this.

All Slash and Duff said was that they didn't get their money. Now they get an avalanche of legal jargon from Axl lovers to prove that they are not only wrong, but malicious in intent to destroy Axl and his credibility with the GNR name. Its Axl who has done this by not putting out the record. You are all just frustrated (I am too). But that doesn't mean I go around bagging on ex-members whose contributious are parallel with Axls regarding the success of the GNR. Not only that, but they make music, and contribute to some great causes out there.

This lawsuit really doesn't fucking matter at this point anyways. Im looking forward to the next VR record, keep playing your chess games behind the rock star who is tended by his maid in his malibu mansion.

MNR

Well, mark, it is very possible that these suits have derailed plans for the album's release. Clearly there was an intent for some action in 2005, ask Mr. Merck about that, but lo and behold, two lawsuits later, we are hearing alot of backtracking.

It does matter. The game of battleship is an apt comparison. Two sides so angry with each other that they are willing to tear each other apart in court.

Eva is going a great job demonstrating the problems with the slash & Duff case not only in the suit against Axl and Kobalt but in the suit for control of the back catalog.

It boils down to this; Slash & Duff's accusations are betrayed by their own comments and behavior. In lieu of a contracted agreement, a judge will look to see if the letter of intent was accepted by both parties. If $ & D didn't treat axl like a resigned partner after this intent 'letter' was proffered then most likely the judge will be hardpressed to rule in their favor.

[madagas]

Mark, Axl did not file any lawsuits against S/D....he is simply defending himself...as he had to do when Seymour and Everly sued him. Axl usually isn't the one filing the lawsuits (only the greatest hits thing and Hollywood Rose thing where I believe he had a right to). Almost every time, someone is coming after him. That is something he does get a bad rap for. He is not suit happy like everyone thinks-at least to my knowledge he's not.?

[marknroses]

Mark, Axl did not file any lawsuits against S/D....he is simply defending himself...as he had to do when Seymour and Everly sued him. Axl usually isn't the one filing the lawsuits (only the greatest hits thing and Hollywood Rose thing where I believe he had a right to). Almost every time, someone is coming after him. That is something he does get a bad rap for. He is not suit happy like everyone thinks-at least to my knowledge he's not.?

I said Axl "gets into lawsuits". I didn't say that he files them.
Better that he not file any lawsuits since he doesn't balls to put out an original record of music in 14 years.

It really amazes me in the world of HTGTH how many Axl lovers are utterly convinced that Axl intended on putting out the record and that lawsuits or anything else that happens in our world or his world delay the record.
Show me a smidge of record promotion for the new record before statements like that are made.

MNR

[Eva GnRAxlRosette]

I love Axl fans because I can relate to them even though I am not like them. I love Axl too.
But is it really worth playing a game of chess when all you gotta do is play battleship?

In other words, you take the side of our hero who has been trying to do much behind the scenes in the last 11 years (recruiting, losing members, firing producers, getting into lawsuits, playing mind games with himeslf before appearing 1 hour late to concerts) by doing exactly what he does with posts such as this.

You "love Axl fans", because you can relate to them... but you are not like them. ? I got that. ?You can relate to Axl fans because you, too, "love Axl". ?That also I 'get'. ?But you, who loves Axl, are not like "Axl fans" who love Axl....? ? Getting a bit fuzzy but a small assumption can clear that up: ?You 'love' Axl differently than do the Axl fans to whom you are referring?

How?

"Is it" (your "love of Axl"),"really worth playing a game of chess"...."
Against whom do you believe that "the Axl fans" are playing chess?
Who is the opponent of the "Axl fans"?
It's logical to identify "the Axl fans" you refer to are "on Axl's side" ?(as you later describein your post ).
So if the Axl fans you describe are on Axl's side of the chessboard - then its stands to reason that opposing them is all that opposes Axl.  The Axl fans you reference are challenged by and opposed to all that challenges and opposes Axl.

In chess the objective is victory. ?To achieve victory you must conquer your opponent. ?Your opponent seeks to do the same to you. ? Yours is an offesive as well as defensive position. Your opponent is the enemy. ?The enemy challenges your survival. ?The objective of the enemy is to destroy you.

I know as myself being one of these "Axl fans" that you describe, that I have faced those who challenge us... who oppose us.... who want us not to be - ?not to be the Axl fans that we are. ?They try to invalidate us through attempting to devalue and discredit our reasons for being on 'Axl's side'. ?

So one could ask if your meaning is that your love of Axl is not worth taking his side on the chessboard.
I would have to note however, that it is not the taking of sides you object to specifically in the example you present. ?You also, clearly, don't refute that there is a battle being waged - your words: ?"all you gotta do is play battleship."

- So it is the manner in which the Axl fans 'do battle' to which you object. ?The manner in which Axl fans defend their positions and make their stand. ?This is what differs you. ?You believe that "all you gotta do is play battleship." (as opposed to chess)

What's the difference between Chess and Battleship?

Without going into too much detail, can I present a simple conclusion (which you may refute if you will.)

Chess is (with the exception of who makes the first move) a game of pure skill.
Battleship, espcially the first move(s), is subject to and dependent on blind guesses and luck. ?Skill only becomes progressingly involved. ?In Battleship one does not see the opponents formation, whereas in Chess every move is based on what is laid out in plain sight before them. ?Battleship involves a degree of guessing and luck not present in Chess where every move is calculated based on every past move which right from the first has been visible. ?

So then, yes, I'm one of those "Axl fans" that play chess. ?My 'moves' - my expressions .... my posts are based on that which is evident. ?

You prefer battleship?

"All Slash and Duff said was that they didn't get their money."

Miss.? ?

Slash and Duff's suit does claim more than that. ?Slash and Duff's suit claims that Axl sold rights he did not own.

"Now they get an avalanche of legal jargon from Axl lovers to prove that they are not only wrong, but malicious in intent to destroy Axl and his credibility with the GNR name."

You refer to the material I posted as "an avalanche of egal jargon" perhaps because you don't understand it and hence it overwhelms you - much like someone who doesn't play chess sees the players moves as random and can't 'keep up' with the game.

I could go on but my post is lengthy as is. ?If you think Slash and Duff are correct in their actions and that thier motives are without malice, that's your opinion and you are entitled to it. ?If you could explain how you find their actions which include publicly accusing Axl of theft (malicious intent to defraud), egotism, and arrogance are devoid of malice, I could perhaps understand your point of views - even if I don't agree.

But it is not worth that much to you. ? As you say it doesn't matter to you. ?You don't care what Axl's going through. ?(recruiting, losing members, firing producers, getting into lawsuits, playing mind games with himself before appearing 1 hour late to concerts) ?It doesn't matter to you what Slash and Duff do either, other than musically. ?You just want the music! ?That's you man. ?You "love Axl" your way. ?Win prizes dressed up as Axl in bars. ? ?That's your way. ?That's what you enjoy and it works for you. ?That's cool. ?There's plenty of room for all types of "Axl fans".

So there is no call or need to knock us Axl fans whose interest goes beyond the music. ?(And whose interest in that music goes beyond whether we have a CD in our hands or not.) ?We Axl fans who support Axl in his efforts with GN'R the way we do, in standing with him in this manner - at his side... We who find ourselves in opposition to Slash and Duiff, happen to care about justice and victory for Axl. ?We look forward to the music YES of course. ?And we can reasonably determine that what's detrimental to Axl can not mean good thigs for the music either. ? (Edited to add:? Efforts to discredit Axl are detrimental to GN'R)

 

[killingvector]

Mark, Axl did not file any lawsuits against S/D....he is simply defending himself...as he had to do when Seymour and Everly sued him. Axl usually isn't the one filing the lawsuits (only the greatest hits thing and Hollywood Rose thing where I believe he had a right to). Almost every time, someone is coming after him. That is something he does get a bad rap for. He is not suit happy like everyone thinks-at least to my knowledge he's not. 

I said Axl "gets into lawsuits". I didn't say that he files them.
Better that he not file any lawsuits since he doesn't balls to put out an original record of music in 14 years.

It really amazes me in the world of HTGTH how many Axl lovers are utterly convinced that Axl intended on putting out the record and that lawsuits or anything else that happens in our world or his world delay the record.
Show me a smidge of record promotion for the new record before statements like that are made.

MNR

Believe what you want, but Richard said that outside distractions were lengthening this whole process. Is it so hard to believe that Axl's finishing touches were being disrupted by the fight of his artistic life? Of course, no one here has access to any planned record promotion. Your request is glib and ridiculous.

I'm also a bit confused. are you blaming axl for getting sued? Wait until one day, god forbid, someone files a suit against you. You will feel how encroaching and disruptive such a process is. It is at times the only thing you can focus on.

KV

[Eva GnRAxlRosette]

Mark, Axl did not file any lawsuits against S/D....he is simply defending himself...as he had to do when Seymour and Everly sued him. Axl usually isn't the one filing the lawsuits (only the greatest hits thing and Hollywood Rose thing where I believe he had a right to). Almost every time, someone is coming after him. That is something he does get a bad rap for. He is not suit happy like everyone thinks-at least to my knowledge he's not.?

I said Axl "gets into lawsuits". I didn't say that he files them.
Better that he not file any lawsuits since he doesn't balls to put out an original record of music in 14 years.

It really amazes me in the world of HTGTH how many Axl lovers are utterly convinced that Axl intended on putting out the record and that lawsuits or anything else that happens in our world or his world delay the record.
Show me a smidge of record promotion for the new record before statements like that are made.

MNR

Believe what you want, but Richard said that outside distractions were lengthening this whole process. Is it so hard to believe that Axl's finishing touches were being disrupted by the fight of his artistic life? Of course, no one here has access to any planned record promotion. Your request is glib and ridiculous.

I'm also a bit confused. are you blaming axl for getting sued? Wait until one day, god forbid, someone files a suit against you. You will feel how encroaching and disruptive such a process is. It is at times the only thing you can focus on.

KV

Hit!

hehehe... just messin' with ya MNR 

KV... haven't you heard?  EVERYTHING is Axl's fault!   
LOL!  Great posts KV