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

[jarmo]

Duff, Slash Gunning for Axl

by Charlie Amter
Aug 25, 2005, 3:15 PM PT



The bad blood among the ex-members of Guns N' Roses has boiled over into a federal case.

Duff McKagan and Slash filed a lawsuit in U.S. District Court in Los Angeles Wednesday against Guns ringleader Axl Rose, accusing their former frontman of trying to cheat them out of royalties to the song catalog of the iconic band.

Duff and Slash, now part of Velvet Revolver, say they are still partners with Rose when it comes to the old Guns tunes like "Sweet Child O' Mine" and "Welcome to the Jungle." They contend that Rose, without their consent, signed a multimillion-dollar publishing deal with U.K.-based Sanctuary Group earlier this year that included the lucrative Guns N' Roses back catalog.

Because of Rose's "arrogance and ego," per the suit, he has failed to "acknowledge the contributions of his former bandmates in [creating] some of rock's greatest hits."

"Rose's actions were malicious, fraudulent and oppressive, and undertaken in conscious disregard of [Slash and Duff's] property rights." They say that a $92,000 royalty check covering the first quarter of 2005 went directly to Rose "and his accomplices," instead of being split three ways.

The former Gunners are accusing Rose of fraud, copyright infringement and breach of fiduciary duty.

There was no immediate comment from Rose's reps. Deke Arlon, chairman of Sanctuary's publishing division, told E! Online he couldn't discuss the dust-up because "the matter is subject to legal hearings."

The original members of the Los Angeles band drifted apart in the mid-1990s--leaving the band's legacy in dispute. Rose was eventually awarded rights to the Guns N' Roses moniker and continues to play (or not play, as is more often the case) under the GNR banner. But Duff and McKagan sued Rose in April 2004 to determine control of the back catalog.

That breach-of-contract lawsuit, which is still pending, specifically alleges Rose unilaterally blocked the others from licensing Guns music for movie soundtracks, effectively shutting off potential revenue streams to Slash and Duff. The duo claimed Rose "whimsically refuses to license Guns and Roses Music" even though he, they allege, dropped out of the partnership in 1995.

Even with the feuding, the band's studio albums have all gone multiplatinum, and Guns' songs are still among the most requested in the publishing biz. The band's tunes recently turned up--along with Rose's vocal acting talents--in 2004's biggest videogame release, Grand Theft Auto: San Andreas.

What hasn't turned up is Rose's forever-in-the-works album, Chinese Democracy, with his revamped version of Guns N' Roses.

Earlier this year, the New York Times ran a lengthy feature examining how the seemingly mythical Chinese Democracy has failed to surface, despite being finessed in various studios for the better part of the last decade. The article concluded that the delay was due in part to Rose's fabled eccentric and reclusive nature.

In response to the March article, Sanctuary Group CEO Merck Mercuriadis fired off a vitriolic letter to the Times, saying Rose will "have the last laugh" and that the singer is simply a "soft target for the sort of rubbish you have chosen to print."

Last we heard, Sanctuary was aiming for a late November release date for Democracy, but that was before the label's financial problems became public. The company is said to be heavily burdened by debt and is struggling to survive.

Despite their open feuding, Duff, Slash and Rose did manage to reunite last year to sue Universal to block the release of Guns N' Roses Greatest Hits. The band lost, and the album wound up debuting at number three on the Billboard 200 and ultimately sold over 2 million copies.

http://www.eonline.com/News/Items/0,1,17228,00.html


This article also has a quote that's not been seen before:


There was no immediate comment from Rose's reps. Deke Arlon, chairman of Sanctuary's publishing division, told E! Online he couldn't discuss the dust-up because "the matter is subject to legal hearings."




/jarmo

[D]

I have to apologize to Axl after reading the response, I did something I usually bitch at others for doing which is jumping the gun,

So I apologize to all fellow Axl fans


I am so glad Axl doesnt allow Slash and Duff to whore out GNR songs at every opportunity

the more you whore them out, the less special they become.

I never want to associate a GNR song I have great emotions for? to be used to sell a car or truck or something else.

 I am so glad Axl isnt a sell out bastard.

[chineseblues]

Thanks for posting the articles Jarmo. It seems as though Slash and Duff are wrong once again 

[michaelvincent]

It seems as though Slash and Duff are wrong once again 

What are Axl's people gonna say? 'Yeah, we're busted...you know we're really sick of sending those assholes money, so why not pocket it all and hope no one notices?' 

Until all the evidence is brought to light everyone just has their side of the story. It's up to an impartial medium (ie: the judge) to determine what actually happened.

[pilferk]

It seems as though Slash and Duff are wrong once again?

What are Axl's people gonna say? 'Yeah, we're busted...you know we're really sick of sending those assholes money, so why not pocket it all and hope no one notices?'?

Until all the evidence is brought to light everyone just has their side of the story. It's up to an impartial medium (ie: the judge) to determine what actually happened.

If he were to make a claim that he couldn't prove in court (remember, this is Axl's lawyer, not Axl himself), he would pretty much destroy his reputation.  For the lawyer to make that categorical of a statement, I'm going to assume he has proof (like, a cancelled check and Certified Mail receipt of some sort) that Axl did what he's claiming.

And, if he did....well, Slash and Duff are going to look pretty silly, as are their lawyers.  And the judge is likely to be pretty pissed off as the lawyers have wasted a good bit of the courts time by not doing their home work.

Assuming the Axl's lawyers claim is true, of course.

[Booker Floyd]

"When a band is very dependent on the personality of the group's leader, and that leader chooses to move on, it's not unusual for the members left behind to be hostile and mad," Rose's lawyer said. "If you mention the Eagles, people remember Henley, not Felder. When you mention Guns N' Roses, everyone knows the leader was Axl."

 

I assume Axls lawyer doesnt follow popular music very closely...

[younggunner]

Keep laughing but you know its true. Even in the old days it was the Axl signs.

Slash and company could never conjure up the cult following that is here today. If the situation was reveresed and Slash had the GNr name, Axl was on the outside lookin in, and held out with material all these yrs, do you think there would be the same amount of people here with the intensity,frusteration and passion for that Beer and Ciggs album?

My bet would be that most of the peopel would be on some other board.

[pilferk]

Keep laughing but you know its true. Even in the old days it was the Axl signs.

Slash and company could never conjure up the cult following that is here today. If the situation was reveresed and Slash had the GNr name, Axl was on the outside lookin in, and held out with material all these yrs, do you think there would be the same amount of people here with the intensity,frusteration and passion for that Beer and Ciggs album?

My bet would be that most of the peopel would be on some other board.

And, to add to that...we got Slash's idea of what GnR should have been:  It was the Snakepit albums.  And, Axl on vocals or not, that material was good, but certainly not GREAT, CLASSIC, REMARKABLE stuff.

[younggunner]

agreed but forget even that. thats all for another thread. Lets say we never even hear the Snakepit album or anything like that. Lets say it was just like it is today with GNr. DO you think it would be the same in anticipation, day by day soap opera etc...

[Shoco]

eh no it wouldnt be the same anticipation, for the simle reason that the album would have been fucking released already by now, and most likely a folow up to that too would have beenn released

and the only reason so many ppl are waiting is cos of the GNR name, if it were called the axl rose band then nearly half the ppl wouldnt be here

[Booker Floyd]

eh no it wouldnt be the same anticipation, for the simle reason that the album would have been fucking released already by now, and most likely a folow up to that too would have beenn released

 ? Exactly.? Asking such a hypothetical question is essentially asking, "Well if Slash was Axl, would..." and incredibly pointless.? Youngunner, instead of pondering such a silly impossibility, why dont you take facts into account?? For example, 2 million copies of Contraband sold in the U.S., #1 rock singles, Grammy win (and nominations), etc.?

[pilferk]

agreed but forget even that. thats all for another thread. Lets say we never even hear the Snakepit album or anything like that. Lets say it was just like it is today with GNr. DO you think it would be the same in anticipation, day by day soap opera etc...

Hmmm...I don't think so.  The anticipation level MIGHT be there (it's tough to say), but the day to day soap opera definitely not.  Because NOBODY is as closed mouthed as Axl is and forces those around him to be.  NOBODY from the old band is that singular of purpose.  Case in point: Velvet Revolver.  Mostly the same guys.  And they'll spill their guts about any old thing you want them to talk about.  The same would be true if they had carried on the GnR name and Axl had left.  The "sense of mystery" and the "air of mystique" certainly wouldn't be there....and sometimes I think that's 1/2 the appeal of the current incarnation.   We always want what we can't have.

[Neemo]

This story has made Yahoo! News

that's pretty crazy

http://news.yahoo.com/s/ap/20050826/ap_en_ce/people_guns_n__roses

[ppbebe]

The latest complaint, filed Aug. 17 in federal court in Los Angeles, alleges that in May, Rose fraudulently named himself sole administrator of the band's copyrights, jilting his former partners out of their shares of revenue that Hudson and McKagan's lawyer said totals about $500,000 a year.




Here's the interesting part of the article:

But Howard Weitzman, Rose's lawyer, said the singer had asked to receive only his portion of royalties, and that the overpayment was due to a clerical error by the society. Weitzman said Rose had returned the extra funds to the organization. A representative from the society did not return phone calls.




/jarmo

a clerical ERROR by ASCAP! 

As far as I remember in Feb this miskel person made an immediate remark about Axl's publishing deal to the effect that Axl sold his rights and the other twos without permission and quickly retracted it. And now he jumps at some clerical error as if he was right with his prophecy.
What a prudent lawyer.

And brazenfaced as well!

Last year, Hudson and McKagan filed their first suit against Rose. This one alleged that the singer had wrongly claimed ownership of the group's assets after he quit Guns N' Roses in 1995. It also claimed that Rose had blocked Hudson and McKagan from licensing the band's recordings to movie producers, "costing the Guns N' Roses partnership millions of dollars to date." The case is pending.

See, the SnDs side made assertion that Axl doesn't own the rights for the partnership previously. Doesn't this allegation imply that he isn't entitled the royalties?
Who are "suffering an apparent attack of arrogance and ego,  no longer willing to acknowledge the contributions of their partner and former band mate in having created some of rock's greatest hits."

This complaint is like accusing their own evil attempt.

[dave-gnfnr2k]

It seems as though Slash and Duff are wrong once again?

What are Axl's people gonna say? 'Yeah, we're busted...you know we're really sick of sending those assholes money, so why not pocket it all and hope no one notices?'?

Until all the evidence is brought to light everyone just has their side of the story. It's up to an impartial medium (ie: the judge) to determine what actually happened.

You really need to get a clue. You do know the  compannies that publishing royalties are UNBIASED? You really thin they have it in for slash and duff? They dont care who the money goes to, they just make sure the checks go to the right place so they dont get sued. It was a simple error like I said it was going to  be.  Axl gave the money back when he saw he got duff and slashs share. It just shows that slash and duff are trying to sue axl for every little thing.  I wonder if they even made a phone call to Axl and say what happened with ours checks?

[Eva GnRAxlRosette]

It's great to see a response from Axl's lawyer.? ?

The attorney, Howard Weitzman, is an extemely prominent celebrity attorney.? ?

"Mr. Weitzman is a two-time recipient of the Jerry Geisler Memorial Award for outstanding trial lawyer in Los Angeles County. He has been profiled in a number of publications and has been recognized as one of the most influential attorneys in the nation, as well as one of the top fifteen lawyers in the country by the National Law Journal.... Mr. Weitzman has been a guest on many national television shows, including ?Larry King Live,? ?Dateline,? and ?Good Morning America.?? Some of the clients Mr. Weitzman has represented include John DeLorean, Marlon Brando, Magic Johnson, Michael Jackson, O.J. Simpson, Courtney Love, Arnold Schwarzenegger, MGM, ICM and Westfield Development Co"

"Howard Weitzman gained prominence in the 1980s as a Los Angeles trial attorney, often standing beside big-name clients. His successful defense of automaker John DeLorean against cocaine, conspiracy and fraud charges made him the lawyer of choice for celebrities who needed serious help. Weitzman, for instance, was the first person O.J. Simpson called after the 1994 murders of the football star's ex-wife Nicole Simpson and her friend Ron Goldman.

(Regarding OJ case, in an appearance on MSNBC's Abrahams Report in March of this year, Weitzman was asked "How you did you end up passing off the O.J. Simpson case?"
Weitzman:? "Well, I wouldn?t say I exactly passed it off.? I just passed on it for personal reasons.? I was with O.J., as you know, for the first 24 hours.? And it just wasn?t a case that I wanted to be involved in for a host of reasons."
Abrams:? "Thought he was guilty?"
Weitzman:? "Well, I clearly have an opinion and I think the jury probably arrived at the wrong verdict.")

I also found references to him advising/representing: Mike Tyson, Fred Savage, Ozzy Osbourne and currently SlipKnot.


He was a partner in the Litigation and Dispute Resolution department at Proskauer Rose from 2001 until May 11, 2005....
Proskauer Rose is the firm we saw named as representing Axl in the first S&D suit.?
So even if he's moved to another firm, since he's made comment regarding this suit on Axl's behalf...? can we assume he's (still) reprensting Axl in the first case??
Is Proskauer Rose out of the picture?? I suppose it would be key for Axl was to keep the same attorney who started on the case.
And with this particular attorney's credentials, from what we can see, I suppose it's a good thing he has.

Give em hell Howard!?

[jazjme]

A fuckin 'en is all I have to say, my gut tells me that the world is gonna be up for a rude awakeneing again. (and Im so lawyer, no insight, ......Im just stand by my own beliefs and truths, when this saga is over thier will be the "winners" and the "losers" BUT MORE Than that there will be a community so divided that only CHINESE DEMOCRACY will be able to heal.

[GypsySoul]

Some of the clients Mr. Weitzman has represented include John DeLorean, Marlon Brando, Magic Johnson, Michael Jackson, O.J. Simpson, Courtney Love, Arnold Schwarzenegger, MGM, ICM and Westfield Development Co"

Not exactly the list of clientele you'd want to see Axl's name associated with.?

But if he gets Axl cleared, I guess that's all what matters.? So like Eva said...

Give em hell Howard!?

[dave-gnfnr2k]

Some of the clients Mr. Weitzman has represented include John DeLorean, Marlon Brando, Magic Johnson, Michael Jackson, O.J. Simpson, Courtney Love, Arnold Schwarzenegger, MGM, ICM and Westfield Development Co"

Not exactly the list of clientele you'd want to see Axl's name associated with.?

But if he gets Axl cleared, I guess that's all what matters.? So like Eva said...

Give em hell Howard!?

Why is that? Jacko and OJ were guilty as hell but got off. So even if Axl is guilty with this guy he has a good chance at getting out of it with a small loss or none at all.

[younggunner]

For example, 2 million copies of Contraband sold in the U.S., #1 rock singles, Grammy win (and nominations), etc.

Ok i will remember these facts. But ill tell you what I wont remember. The 3rd and 4th spins of that disc. The same disc in which I expected a world class guitar hero to give me some mesmorizing solos and not tease with little snips of greatness. Afterall he had years to work on his own stuff as well. I also wont remember the "crossover" hit FTP. The only track on that album worth remembering is YGNR. Other than that...YGNA.....You Got No Album.

So while all the dramas and frustrations might "bring down", "disgrace" the Gnr name...I know that when all the smoke clears...whatever centruy that may be, that the music will bring the name back to where it once was. The music will be on the same level as the old band. And that my friend is something you will neve rbe able to say for a guy who has the talent to do the same but just doesnt wanna....or might just not be able to without 1 very special helper

and the only reason so many ppl are waiting is cos of the GNR name, if it were called the axl rose band then nearly half the ppl wouldnt be here

I would think it would be reversed. If the only peopel here are gnr fans, then gnr fans would know the gnr situation, and then would decide whether they wanna take part in the Axl era of gnr or go there seperate ways with Slash and company. But they just cant seem to move on and leave. I wonder why. I guess its just the name?