header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather


 
Calendar
Today in
S.C.V. History
July 26
1870 - Armantha Thibaudeau, community leader during early 20th Century and co-founder of chamber of commerce, born in Kentucky [story]
Armantha Thibaudeau


| Tuesday, Nov 5, 2019
Universal
Smoke rises above the Universal Studios backlot. The June 2008 fire destroyed three acres of the backlot, original master tapes for popular music and digital TV and film backups. (pinguino k via Wikipedia)

 

LOS ANGELES – An attorney for Universal Music Group told a federal judge Monday that artists seeking a cut of an insurance settlement from a 2008 fire that destroyed their master recordings have no stake in the matter since recordings belong solely to the label.

After the blaze at Universal Studios Hollywood destroyed 100,000 recordings, videos and other media, Soundgarden and other artists filed a federal class action against the label claiming it failed to properly store and protect the tapes.

Universal negligently stored the master recordings in a substandard warehouse that “was a known firetrap” and failed to tell the artists of the loss, according to the complaint filed this past June in the Central District of California.

The label moved to dismiss the lawsuit in September, calling the complaint “lawyer-driven” and saying the label has no obligation to give part of its settlements with the warehouse owner and UMG’s insurer to the artists.

Scott Edelman of Gibson Dunn, an attorney for UMG, told U.S District Judge John A. Kronstadt in a hearing Monday that UMG is the undisputed owner of the recordings and that artists’ contracts over them mention payment through royalties only, not insurance claims.

“Artists have specified rights to royalties,” Edelman said. “Everything else doesn’t belong to them. Artists don’t have an interest in the masters. Period. Full stop.”

Edelman said the fire had no impact on artists’ ability to collect royalties or release new remastered albums, as Soundgarden did in 2015.

Kronstadt asked both parties whether artists have the option to or are in the practice of insuring master recordings.

Howard King of King, Holmes, Paterno & Soriano, an attorney for plaintiffs, told Kronstadt the practice is virtually nonexistent since artists “trust” labels to properly care for the master recordings.

Mark Hatch-Miller of Susman Godfrey, another attorney for the artists, told Kronstadt the case is about “negligent storing” by UMG, not insurance recovery, since the label was aware of substandard conditions at the warehouse.

Artists have a right to demand a portion of UMG’s 2013 insurance settlement because the “flat fee” triggers royalty provisions in the recording contract, Hatch-Miller said, adding digitized backups of masters would have no effect on plaintiffs’ demand.

Hatch-Miller said in court papers that UMG hid the loss from the music artists in order to conceal nearly $150 million it gained from insurance.

Kronstadt said artists must first clear the hurdle of establishing jurisdiction by showing at least two-thirds of the artist plaintiffs live in California, that the injuries occurred there and that UMG does most of its business in the Golden State.

Plaintiffs’ counsel are working to meet the requirement – and also seeking a list of artists whose recordings were lost in the fire and are therefore potential class members – but the task is made more difficult by UMG’s hampering of preliminary discovery requests, Hatch-Miller told Kronstadt.

Kronstadt ordered both parties to produce agreements on discovery so that jurisdiction can be established or so the case can be sent to another court.

The motion to dismiss is under submission and Kronstadt did not indicate how or when we would rule.

The artists’ lawsuit was filed following an article published in New York Times Magazine that said the fire destroyed recordings by Chuck Berry, Buddy Holly, Nirvana and Louis Armstrong.

The estates of rap artist Tupac Shakur and rock artist Tom Petty are also named plaintiffs in the lawsuit.

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

0 Comments

You can be the first one to leave a comment.

Leave a Comment


ARTS & ENTERTAINMENT LINKS
ARTS & ENTERTAINMENT NEWS
Friday, Jul 26, 2024
Returning for a fourth year, the “Fringe of the Woods Festival” will again be held Aug. 9-11 at the Mile High Theater in Lake of the Woods/Frazier Park.
Friday, Jul 26, 2024
Monday, Jul 22, 2024
The Friends of Hart Park - in partnership with the Natural History Museum and Los Angeles County Parks - is pleased to announce the return of their signature event “Silents Under the Stars” on Saturday, Sept. 7, starting at 6 p.m., at William S. Hart Park.
Thursday, Jul 18, 2024
The Sierra Hillbillies Square and Round Dance club invites the community to a "Back to the Beach" themed square dance Sunday, Aug. 4, from 2 p.m. to 4:30 p.m., at Valencia United Methodist Church.
Tuesday, Jul 16, 2024
Steven Nassif, a native of the Santa Clarita Valley, wrote and directed "Homecoming" which will premiere at 2 p.m. Saturday, July 20 at the Lumiere Music Hall, 9036 Wilshire Blvd., Beverly Hills, CA 90211.
Latest Additions to SCVNews.com
The city of Santa Clarita is now accepting short poem entries for the Sidewalk Poetry Project from residents and individuals with connections or ties to Santa Clarita.
Sidewalk Poetry 2025 Submissions Now Being Accepted
Returning for a fourth year, the “Fringe of the Woods Festival” will again be held Aug. 9-11 at the Mile High Theater in Lake of the Woods/Frazier Park.
Aug. 9-11: ‘Fringe of the Woods Festival’ in Frazier Park
The Val Verde Historical Society will host Back to Val Verde for Val Verde's 100! on Saturday, Aug. 31 at 11 a.m. This all day picnic and celebration will feature food, music, games and raffles.
Aug. 31: Back to Val Verde for Val Verde’s 100!
Can you help us identify these thieves? The Santa Clarita Valley Sheriff's Station is seeking the public's help in identifying two grand theft suspects. On June 22 two suspects stole a white 2019 Toyota Tacoma tailgate from a vehicle in Valencia.
SCV Sheriff’s Station Seeks Public’s Help
The city of Santa Clarita and DrinkPAK! are seeking talented creators for Maker's Marketplace, a curated shopping experience at the city's largest holiday event, Light Up Main Street.
City Seeking Artisans for Light Up Main Street
Outgoing Santa Clarita Valley Sheriff's Foundation President Gloria Mercdo-Fortine recently received high praise for her tenure as president of the foundation for the past four years.
SCV Sheriff’s Foundation Celebrates Gloria Mercado-Fortine
Here we are at the end of July and preparations for the fall season are already underway at most of our member schools. As is the case most every year, school administration and athletic faculty should be aware and ready to immediately implement the rule changes enacted the previous year.
Mike West | Message From the CIF-SS Commissioner
The California Department of Transportation announced the southbound Interstate 5 will be reduced to one or two lanes from two miles north of Templin Highway (near the Whitaker Sand Shed) north of Castaic to Lake Hughes Road overnights Monday, July 29 through Friday, Aug. 2 for paving work.
July 29-Aug. 2: Caltrans I-5 Lane Closures Near Castaic to Continue
1870 - Armantha Thibaudeau, community leader during early 20th Century and co-founder of chamber of commerce, born in Kentucky [story]
Armantha Thibaudeau
The Santa Clarita Valley Economic Development Corporation announced earlier this month that Jey Wagner stepped down from his role as president and CEO effective July 8, 2024.
SCVEDC Seeking Candidates for President, CEO
(CN) — The California Supreme Court on Thursday rebuffed a union-backed challenge to the voter-approved law that exempts app-based drivers working for companies such as Uber, Lyft and DoorDash from being classified as employees rather than independent contractors under the state's labor code.
Rideshare Drivers to Remain Independent Contractors
Daniel Rush has been named the head coach for The Master's University's cross country and track & field teams.
TMU Names Daniel Rush Mustangs XCTF Head Coach
Nothing says Santa Clarita like our beautiful mountains, pristine parks, paseos meandering through our neighborhoods, lush trees and amenities for residents of all ages.
Jason Gibbs | Santa Clarita’s New, Upcoming Projects
"Inside Out 2," the sequel to Pixar’s 2015 hit, is taking the worldwide box office by storm.
CalArtians Help Propel ‘Inside Out 2’ to Highest-Grossing Animated Film
In honor of World Suicide Prevention Day, the second annual "Game. Set. Hope. Charity Tennis Tournament" will be held Saturday, Sept. 7, beginning 9:30 a.m., at the West Ranch High School tennis courts.
Sept. 7: ‘Game. Set. Hope.’ Tennis Tourney Benefiting Mental Health Awareness
Building on California’s ongoing work and unprecedented investments to address the decades-long issue of homelessness, California Gov. Gavin Newsom issued an executive order Thursday ordering state agencies and departments to adopt clear policies that urgently address homeless encampments while  respecting the dignity and well-being of all Californians.
Newsom Issues Executive Order to Clear Homeless Encampments
1915 - Pioneer Juan Batista Suraco buried in a family graveyard, currently unmarked, in Bouquet Canyon near Benz Road [story]
Suraco family
The Los Angeles County Department of Public Health cautions residents who are planning to visit the below Los Angeles County beaches to avoid swimming, surfing, and playing in ocean waters:
Ocean Water Warning for July 24
The Los Angeles County Departments of Mental Health and Public Health have centralized access to mental health and substance use services into one 24/7 call center at (800) 854-7771.
County Revamps Help Line for Mental Health, Overdose Services
Adopt a Pet and help the Castaic Animal Shelter "Clear the Shelter" with their kick-off Party on Aug. 10. 
Aug. 10:  ‘Clear the Shelter’ Party for Animal Adoption Month
The Santa Clarita Valley Water Engineering and Operations Committee will hold a meeting Thursday, Aug 1, at 5:30 p.m., in the Engineering Services Section Boardroom, 26521 Summit Circle in Santa Clarita.
Aug. 1: SCV Water’s Engineering and Operations Committee Meeting
SCVNews.com