Entries tagged with: lawsuits

Federal prosecutors in Virginia say they have shut down one of the world's largest Internet file-sharing sites, Megaupload.com, and charged its founder and others with violating piracy laws.This strangely/coincidentally/ironically/suspiciously/somethingly comes just one day after more news of Universal being pissed off which was also the same day (yesterday) that the internet protested the related SOPA & PIPA bills (which were somewhat successful in helping that issue).An indictment accuses the company of costing copyright holders more than $500 million in lost revenue from pirated films and other content. -[New York Times]
Megupload is run by, no shit, CEO Swizz Beatz who recently helped create a video promoting the site with testimonials from the likes of Kanye West, Diddy, The Game, Ciara, and Alicia Keys. That video was controversially removed (by Universal) and then put back on YouTube in December (by Google). Universal Music Group and Megaupload are now suing each other, though it looks like that's the least of Megaupload's problems at the moment. Universal says the endorsements were "unauthorized". Watch the video in question below...

"Model Ann Kirsten Kennis asked a federal court in Los Angeles to dismiss the case, after she reached a settlement with Vampire Weekend and its label, XL Records. Details of the settlement were not disclosed. The case was dismissed yesterday by court order.The article goes on to say that the case between Vampire Weekend the photographer is still open.Kennis sued in 2010 after photographer Tod Brody licensed a Polaroid image of Kennis for use on the cover of the band's Contra album. The band also used the image to promote its Contra tour.
Brody allegedly provided the image--which was shot in the 1980s-- to Vampire Weekend with a forged model release. According to court papers, he was paid $5,000 for the image license. It is unclear who shot the image, or how Brody obtained it." [Photo District News] (via)
Raekwon at Best Buy Theater (more by Toby Tenenbaum)

Raekwon will headline Prospect Park Bandshell on Saturday (7/9 @ 7:30pm) featuring an impressive lineup of Smif-n-Wessun, Joell Ortiz, Large Professor & Neek The Exotic, and more. There is a suggested $3 donation to get in to the (free) Lyricist Lounge-sponsored Celebrate Brooklyn show.
While on the subject of Smif N Wessun, the crew joined Pete Rock in a protest earlier this week at City Hall regarding the incident following the Monumental release party at Tammany Hall. General Steele of Smif N Wessun also sat down with Planet Ill to discuss the madness:
As an artist with a socially conscious solo catalog, why was this the wrong show for the police to show out at?Investigations continue.General Steele: Oh yeah. Well they didn't know that; they didn't do their homework. And what I found out was after this event, after the melee they caused, they started going to clubs. I forget what the particular names of the clubs were, uh... UG Lounge, in L.E.S. [(CultureFix is one of them)] Why they would go there is beyond me, maybe they're the hub for criminals or something, but they went there asking about us. Inquiring about "what is these guys, who are they connected with? What is their real thing, what can we dig up on these guys?"
And to think about that is crazy to me.
This is our fifth album. This is our career. We just came from Norway. Before that we was in Czechoslovakia, before that we was in Poland. We do this for a living. Rap is not the side gig.
In other news, Raekwon and Nas recently teamed up for the track "Rich And Black" from Rae's new album Shaolin vs. Wu-tang. That song now has a video and related behind the scenes footage courtesy of LRG Films. Watch it all below.
Nas more recently teamed with Common for "Ghetto Dreams" from Com's forthcoming Warner Brothers release The Dreamer, The Believer. The just-released track can be streamed below and bought on iTunes.
AS announced, Nas and Damian Marley play Central Park Summerstage on 8/11. The show is still happening and tickets are still on sale, though the pair's show at Merriweather Post Pavilion (outside of DC) with The Roots, Chuck Brown and others has been cancelled. Chuck Brown however is also coming to NYC for some shows including one on the same stage Raekwon is playing this weekend in Prospect Park.
And last but certainly not least, Raekwon's partner in crime Ghostface Killah has a bit of legal trouble on his hands all of a sudden over his classic 2000 LP Supreme Clientele.
Hollywood composer Jack Urbont is suing Sony Music Entertainment and Ghostface Killah for illegally sampling his "Iron Man Theme," originally created for the 1960s television show, The Marvel Super Heroes.While you ponder this lawsuit, Boing Boing has a fascinating piece on how Paul's Boutique would lose $19.8M in sales if it followed today's copyright law.Urbont is a veteran actor and producer on Broadway as well as the creator of theme music for Guiding Light, One Life to Live, General Hospital, as well as music for That 70's Show, Oprah, 20/20 and The View. He earned an Emmy for Lorne Greene's New Wilderness and won BMI's TV/Film Pioneer award in 1986.
... According to the complaint: "Defendant Ghostface is also known for the nickname, 'Tony Starks,' which is a take-off of the name 'Tony Stark,' Iron Man's real name and true identity. In this way, Defendants' use of Urbont's 'Iron Man Theme' gives them a substantial commercial advantage by linking Ghostface to Iron Man without paying for it." -[Hollywood Reporter]
Videos & song streams below.
the concerts will be at Surf Ave & 21st St

"Earlier this month, Brooklyn music fans were disappointed to hear that, in the middle of a legal wrangle involving noise complaints, the city Corporation Councel ordered that Borough President Marty Markowitz can no longer use Asser Levy Park for his well-known summer concert series.The 2010 concerts happened in Asser Levy Park thanks in part to Mayor Bloomberg. Earlier in 2010 lawsuits were filed by local synagogues who are mad that Marty Markowitz wants to build a bigger amphitheater in the park. Those lawsuits are now apparently being taken more seriously, barring the concerts while the battle is pending. Marty is confident that concerts will again return to Asser Levy Park though. In other words, he is confident he will come out on top when he has his day in court.Monday, however, that situation was resolved, at least temporarily. Markowitz and Seaside Summer Concert Series Executive Director Debra Garcia announced that the series will be held this year at an empty lot on West 21st Street in Coney Island, the former site of the Ringling Brothers Barnum and Bailey Circus.
"We could not have done this without the great team at Taconic Investment Partners, who own the site that will host the shows. Their generosity and hard work were instrumental in making sure that the shows will go on this summer in Coney Island," said Garcia and Markowitz in a joint statement.
The weekly shows will begin in July, although the lineup has not yet been announced." [Brooklyn Eagle]
"Are we happy or sad if exit through the gift shop wins? #obeygiant" - Shepard Fairey

"Earlier [in January] I noted that Banksy had finally spoken about the artist Thierry Guetta (aka Mr. Brainwash) profiled in his now Oscar nominated film Exit Through the Gift Shop . Still, suspicions run fairly rampant that he either doesn't exist or is merely the latest prank creation by Banksy. Guetta has now given sworn statements that the artwork is his own, as he's the subject of a copyright lawsuit initiated by photographer Glen E. Friedman. The two Run DMC images above should make that fairly obvious (as well as several others after the jump).It should be noted that Glen E. Friedman has worked with Shepard Fairey (and Banksy according to articles), so who knows what's real and what isn't.Friedman is arguing that Guetta used, without credit or permission, his iconic photo of Run DMC on invitations, artworks, merchandise and promotional materials. The Hollywood Reporter broke this story, connected some of the dots between many of the people involved, and then suggested it's basically the same situation as the Associated Press vs. Shepard Fairey case surrounding the Obama 'Hope' image. It's not, and for number of reasons which I'll get to in a second..." [Boing Boing]
That said, the real human who is known as Mr. Brainwash made an appearance Saturday at the Independent Spirit Awards where "Exit" won best documentary, and he will be at the Oscars, but the LA Times says...
The big question as of Sunday morning remained whether Banksy himself would show up to the Oscars. On the red carpet before the [Independent Spirit Awards], Guetta engaged in some playfulness. "We'll see. This is like the movie: Can we explain the movie? No. Can we know that the movie is real or not? No. Can we know if he's going to show up? I don't know."Banksy is at least in LA.But then he also said that, indeed, he and the reclusive street artist could have a plan. "Maybe, maybe not. I don't know," he said, offering a coy smile.
By the way, Exit Through the Gift Shop is on Netflix on-demand.
The Washington Post talked to Thierry on the ISA red carpet too. That interview and other videos (including Exit Through The Pet Shop), below....
words & photos by Tracy Allison
"Just remembered I threw up at bruar falls last night." - WAVVES

"Monday night at New York City's Bowery Ballroom, the Wavves founder and frontman announced he'd just been "mildly sued" by the Walt Disney Company, which was less than psyched about seeing a song called 'Mickey Mouse' listed on his band's latest album.Last night (8/2) Wavves played Bowery Ballroom, their last New York City show before the just-announced September 21st show at Music Hall of Williamsburg (tickets on sale Friday at noon, AmEx presale Wednesday at noon). That is followed by opening for Phoenix at Madison Square Garden on October 20th (and other tour dates). A line began to form at the venue around 7:15 p.m. with people hoping a few tickets would still be available. The show sold out by 7:30 p.m.Williams said he'd agreed to modify future pressings of 'King of the Beach,' out today on CD and vinyl, and replace the offending track with an unreleased B-side. He then offered a succinct legal critique of the plaintiff's case.
"Walt Disney was a Nazi," Williams said. "You go [to Disney World], you feel Nazi vibes. It's disgusting!"
The outburst was one of many quotable moments of the concert, and throughout the evening, Williams and drummer Billy Hayes spent nearly as much time joking about booze and weed as they did playing actual songs. With the presence of soft-spoken metal-dude bassist Stephen Pope, Wavves was like a Kevin Smith movie come to life: two Jays and a Silent Bob." [Spinner]
The night began with a 30 minute set by Total Slacker who took the stage at 8:15. They were followed by The Smith Westerns who also played a 30 minute set as the crowd quickly began to fill the 550+ person venue.
Wavves began their set at 10:20 p.m. and immediately after walking on stage commented on the thick smell of drugs in the air, saying, "It smells like pot out here. It smells like a lot of pot." Throughout the course of the 14 song performance, the rambunctious audience thrashed into each other and danced wildly. The level of audience interaction was much like it was at Wavves' recent show at Knitting Factory- fans freely jumped on and off stage, and bassist Stephen Pope even offered an audience member a swig of whiskey after asking, "Are you cool? You can have some if you're cool." The band finished up their set by 11:20 p.m.
They then headed to Bruar Falls for puking, peeing in garbage cans, sparring with Black Lips, playing video games, etc... More pictures and Wavves' setlist from Bowery Ballroom below...

As you probably know, Vampire Weekend's record label XL Recordings is being sued along with the band and a photographer for the use of a photo on the cover of Vampire Weekend's new album Contra. The label just issued the following statement:
"As is standard practice, Vampire Weekend and XL Recordings licensed the rights to use the photo on the cover of Contra pursuant to a license agreement that contains representations and warranties authorizing this use of the photo. Now that a lawsuit has been filed, we look forward to having the matter resolved in Court. We will be filing our response after we have had an opportunity to review the allegations. Consistent with our practice, we will not be commenting further about the pending litigation at this time."A few more details on the former model doing the suing, including her opinion on why the photographer didn't take the photo. below...
Continue reading "XL issues 'Contra' statement, Ann Kennis says mom took pic"

You may have heard by now that Vampire Weekend, XL Recordings and a photographer named Tod Brody are being sued for 2 million dollars by Contra cover model Kirsten Kennis. She claims that she never gave permission for them to use a picture that was taken of her in 1983 (back when she was actually a model), and that the photographer basically tricked the band and label into thinking they were buying it legally. She says the band and label are also at fault for not doing due diligence when they paid $5000 for the picture from Tod. She thinks she deserves 2 million because her picture was obviously the reason the band's album was so successful... That's basically the info that most sites are posting, but I obtained a copy of the court documents and there's more...
First of all, her full name is Ann Kirsten Kennis, though when she was a model she just went by "Kirsten". She was a "high-fashion model under contract with prestigious agencies in New York City" in the 80's and early 90's. Her picture has appeared in clothing, jewelry, cosmetics and automobile ads, and for that she was "highly compensated" and "enjoyed numerous assignments".
She lives in Fairfield, CT, and most interestingly, she claims Tod didn't even take the picture. Her real last name doesn't even appear in the contract Vampire Weekend signed when they bought it. The allegedly forged/fake contract is with "Kirsten Johnsen" and signed by "Kirsten Johnson" (yes, the document has the last name spelled two different ways).
If Tod didn't take the picture, I'm not sure how he thought he would get away with it since she would obviously eventually see it. Whether he took it or not, it's still displayed in his portfolio (with "kirsten" in the file name), though his page that displayed the Vampire Weekend album cover is now gone.
Not content with all that, I went on a search for another picture of Kirsten, but unfortunately I came up dry though I do think I found a picture of her dog, and what might be her not-quite-operational "Cosmic Cubs" teddy bear website (which would be consistent with the possibility that her family is in the toy business). It's also possible that back before she was married, her name may have been Ann Klendshoj which is the name of someone who had a nasty run in with a creepy doctor in 1994. Speaking of creepy, I'll end this paragraph here.
Rostam from Vampire Weekend, Kid Cudi & Bethany of Best Coast made a new song for Converse. The video for that track, "All Summer", is below...
by BBG
Would you confuse these two men?

California ex-drug kingpin Ricky "Freeway" Ross filed a trademark lawsuit against rapper Rick Ross in a California Federal Court on Friday June 18. According to the Miami New Times blog, Ross is suing the rapper for stealing his name, image and likeness to create a successful rap career. ...Ross and his lawyer Melvin Sharpe Jr. are also suing Maybach Music -- rapper Rick Ross' label -- Universal Music Group Recordings, Slip-N-Slide Records -- the independent label the rapper first signed to before signing to a major -- and Jay-Z, who was President of Def Jam Records when rapper Rick Ross signed to the label in 2006. - [Billboard]
Maybe "Freeway" Ricky Ross is trying to get at the dough that the Miami MC will make at the Power 105.1 show at The Beach at Governor's Island on August 22nd. There, the former prison guard (named after a drug dealer?) will join up with Diddy & Dirty Money, Ciara, Kelly Rowland, Keri Hilson, Bobby Valentino, Fat Joe, Maino, and others. Tickets are on sale at noon today (7/2).
Also on board is Jay-Z prodigy J Cole, who recently released a new video for "Who Dat" available below. The MC will drop his as-yet untitled Roc Nation debut this October, which features contributions from Pharrell, Jim Jonsin, and Salaam Remi though the bulk of the production was handled by Chicago producer (and Kanye West mentor) No I.D.. Look for that.
That J Cole video, as well as a few others are below...
Marty Markowitz @ the 2010 Mermaid Parade (more by Chris La Putt)

Local synagogues and worshipers filed a lawsuit filed today that threatens to pull the plug on Brooklyn Borough President Marty Markowitz's longtime Coney Island summer concert series - along with his $64 million plan to expand them with a new amphitheater.The Neil Sedaka/Brenda Lee kick off show on July 15th is just one of seven Thursday night concerts scheduled for Asser-Levy Park this year, and, as the article says, the synagogue members are just pissed at Marty's plan to replace the current bandshell with the new amphitheater. In response to that Marty told the Post, "I never would have thought that in my lifetime a Jewish synagogue would try to take away joy and happiness from tens of thousands of Brooklynites out of spite."The suit, filed in Brooklyn Supreme Court, contends that the existing series violate a city law prohibiting amplified sound within 500 feet of religious institutions when they are in session. It seeks a court order to block future concerts.
Two synagogues -- Sea Breeze Jewish Center and Temple Beth Abraham - are across the street and about 300 feet away from the existing band shell used for concerts at Asser Levy Park. Both say they host services daily.
The seaside concert series is set to kick off its 32nd year of free shows - the 20th at Asser Levy - on July 15 with performances by Neil Sedaka and Brenda Lee.
For decades, no one challenged the concerts, but now the synagogues and many Brighton Beach residents who reside in the high-rises next to Asser Levy Park are furious over the Beep's plan to expand the shows with a new 8,000-seat amphitheater. [NY Post] (thx CJ)
Continue reading "local synagogues suing to try & stop Coney Island concerts "


David Byrne is suing the governor of Florida, alleging that he used the Talking Heads' 1985 single "Road to Nowhere" without permission or proper licenses.Check out a recent interview with Byrne, in Guernica Magazine.Byrne is seeking $1 million in damages from Gov. Charlie Crist, who's also Florida's former Attorney General, and his senatorial campaign for use of the song earlier this year in a website and YouTube ad attacking his then-Republican primary opponent, Marco Rubio. Crist has since changed his campaign and is running as an independent candidate. [Billboard]

Former GUNS N' ROSES guitarist Slash has commented on the countersuit filed by his former GN'R bandmate, Axl Rose, against the singer's former manager, Irving Azoff, claiming that Azoff tried to bully Rose into doing a reunion tour with the original GUNS lineup.According to The Hollywood Reporter, Rose claims in his suit that Azoff did everything he could to sabotage the current version of GUNS after Rose said no to the reunion idea last year, alleging that Azoff tried "devising and implementing a secret plan to set up Rose and the band for failure so that Rose would have no choice but to reunite with the original GUNS N' ROSES members."
Rose's suit adds, "Upon realizing that he couldn't bully Rose and accomplish his scheme, Azoff resigned and abandoned GUNS N' ROSES on the eve of a major tour, filing suit for commissions he didn't earn and had no right to receive."
The claim also added that Azoff, in his own lawsuit, deliberately used Rose's real name, William Bailey, because it "carries significant emotional damage from Rose's childhood."
Speaking to VH1 Radio Networks' Dave Basner, Slash stated about Rose's countersuit, "I don't even know what that's about. I don't know where Axl is coming from. I mean, I know where Irving is coming from -- he's looking for commissions for a tour that he booked. [It's a] pretty reasonable kind of thing. Axl's countersuing, so I'm not sure exactly what the merit is that he's countersuing, exactly. Anyways, I don't keep up with that, I don't follow it." [Blabbermouth]
a letter posted on Jonah's website...

Right after Jennifer Lopez played on SNL a little while ago, I [Jonah Matranga] got a bunch of messages from people saying she'd used the heart/question mark image that I've been using for many years. Lots of you said I should sue to stop ol' J-Lo from using it further or whatever. I thought it was kind of a bummer that she used it, but pretty funny overall. Mostly, I didn't think that I would have the money or time to deal with whatever high-powered management and lawyers J-Lo has, so I kinda wrote it off as one of those weird things that happens.Then, a friend who knows about Intellectual Property law got in touch and said I actually do have a valid case. It turns out her new album will be called 'Love?', so it seems like the image might be used by her a whole lot more. When I think about it, I would rather that she didn't use this image that I've come to enjoy so much. I have it on so many albums, posters, shirts. I draw it when I sign stuff for people, I have a tattoo of it, many of you do as well. I'm not sure what the image means to you, but it has come to mean many things to me over the years. One of those things is simply, 'I love ideas'. Anyway, I asked some lawyer friends about what I could do to stop her. I'm putting some stuff together (album covers, etc) to show that I'm a legitimate artist whose art, image and community she'd be messing with.
Here's where you come in: I've also been told that you can help out by sending photos of ways you've used the image in your life, after you found it through my music. So, if you have a tattoo of it, or you've made drawings of it, or you have anything at all that shows the many ways the little heartquestion has gotten out there, I'd love to see it, and so would the lawyers. You can post your pics (or links to them) here, or send them via any number of internetty ways, or just mail 'em to me.
I have no idea what will happen from all this, but it seems as good an excuse as any to gather this stuff together and remember the power and fun of making stuff and putting it out into the world.
Please pass this on to anyone who might be interested.
Thanks always,

As one of the self-proclaimed pioneers of stage-diving, Fishbone front man Angelo "Dr. Madd Vibe" Moore has been perfecting his form for more than 25 years.But his diving produced an unwilling ripple in his human sea while the band performed last month at the World Cafe Live, 3025 Walnut St.
On Friday, a woman who was at that show filed a lawsuit against Moore, charging that he broke her collarbone when he launched off the stage onto the outstretched hands of the audience. Kimberly Myers, 42, of Voorhees, N.J., claims in the suit that she attended Fishbone's Feb. 23 show at the World Cafe's downstairs stage and that "without any warning," Moore dived off the stage and into the audience near where she was standing.
The suit claims that she also suffered a fractured skull, perforated eardrum and hearing loss and that she had to be taken from the venue by an ambulance. [Philly Daily News]

The city will pay $1.25 million to a man who spent 14 years behind bars before being cleared in the notorious murder of a bouncer at the former Palladium nightclub.A Manhattan federal judge yesterday signed off on the deal with David Lemus, who had filed a $50 million suit against the cops and prosecutors who locked him up for the 1990 shooting.
Lemus, 40, and another man, Olmedo Hidalgo, were found guilty in 1992, but their convictions were overturned in 2005 after evidence surfaced tying two other men to the killing of Marcus Peterson outside the East 14th Street hot spot.
All charges were dropped against Hidalgo, who was deported to the Dominican Republic. Lemus, who now lives in Florida, was acquitted after a 2007 retrial.
"No amount of money can fairly compensate Mr. Lemus for spending his youth being shuffled from prison to prison," said his lawyer," Steven Schiesel. [NY Post]
"Joe Satriani's lawsuit against Coldplay has been dismissed from court, according to reports. The legendary guitarist had previously claimed that Chris Martin and co ripped-off his 2004 song "If I Could Fly" for their 2008 single "Viva La Vida". A jury trial was expected to take place following the legal challenge, which was issued in December. However, international news sites are now claiming that the California Central District Court have decided against pursuing with the prosecution. This suggests that an out-of-court financial settlement may have been reached by both parties with Judge Dean Pregerson." [Yahoo News]

Singer/songwriter Jackson Browne has resolved his lawsuit against the Ohio Republican Party ("ORP"), the Republican National Committee ("RNC") and Senator John McCain. The lawsuit arose from a web campaign video produced by the ORP in support of Senator McCain's campaign for President of the United States which incorporated portions of the song Running On Empty, a song written and recorded by Mr. Browne.....Jackson Browne plays Prospect Park in Brooklyn tonight (7/21)....The ORP, RNC and Senator McCain issued the following statement: "We apologize that a portion of the Jackson Browne song 'Running On Empty' was used without permission. Although Senator McCain had no knowledge of, or involvement in, the creation or distribution of the web campaign video, Senator McCain does not support or condone any actions taken by anyone involved in his 2008 presidential election campaign that were inconsistent with artists' rights or the various legal protections afforded to intellectual property. The ORP, RNC and Senator McCain pledge in future election campaigns to respect and uphold the rights of artists and to obtain permissions and/or licenses for copyrighted works where appropriate." [PR Newswire]
Central Park - July 14, 2009 (Noel Y C)

One down, five free shows to go.
Pianos (more by Tim Griffin)

"A bar or club isn't technically allowed to play a copy written song without first securing the appropriate licenses from the performance rights group--such as ASCAP or BMI--that represent songwriters. Enforcement has traditionally been pretty lax over the years, although every once in a while, the organizations file a lawsuit to remind venue owners that they exist. In 2007, for example, ASCAP filed suits against a handful of spots, including Jay-Z's 40/40 and Hiro at the Maritime Hotel. More recently, ASCAP and BMI slapped Cafe Wha? with a suit back in March.Kuroma, Acrylics, and Suckers all have shows coming up at Pianos. So do The Grates. Japandroids play there on July 11th.This time around BMI is turning its attention to the Lower East Side and coming down on Pianos, claiming the venue caused "great and incalculable damage" for illegally playing such favorites as "Say It Ain't So" by Rivers Cuomo; the Rolling Stones' "Paint It Black"; and your fave hit from 1986, "Final Countdown"." [Cityfile]

"It is with great regret that I had to resort to legal action against my long term partner, Tony Iommi, but after three years of trying to resolve this issue amicably, I feel I have no other recourse. As of the mid-1990's, after constant and numerous changes in band members, the brand of "Black Sabbath" was literally in the toilet and Tony Iommi (touring under the name Black Sabbath) was reduced to performing in clubs. Since 1997 when Geezer, Bill and myself rejoined the band, Black Sabbath has returned to its former glory as we headlined sold-out arenas and amphitheatres playing to upwards of 50,000 people at each show around the world. We worked collectively to restore credibility and bring dignity back to the name "Black Sabbath" which lead to the band being inducted into the UK and US Rock & Roll Hall of Fames in 2005 and 2006, respectively. Throughout the last 12 years, it was my management representatives who oversaw the marketing and quality control of the "Black Sabbath" brand through OZZFEST, touring, merchandising and album reissues. The name "Black Sabbath" now has a worldwide prestige and merchandising value that it would not have had by continuing on the road it was on prior to the 1997 reunion tour. Tony, I am so sorry it's had to get to this point by me having to take this action against you. I don't have the right to speak for Geezer and Bill, but I feel that morally and ethically the trademark should be owned by the four of us equally. I hope that by me taking this first step that it will ultimately end up that way. We've all worked too hard and long in our careers to allow you to sell merchandise that features all our faces, old Black Sabbath album covers and band logos, and then you tell us that you own the copyright. We're all in our 60's now. The Black Sabbath legacy should live on long after we have all gone. Please do the right thing." -OzzyAccording to the NY Post, "Osbourne is suing Iommi for a 50 percent interest in the 'Black Sabbath' trademark, along with a portion of Iommi's profits from use of the name", and claiming that "guitarist Tony Iommi illegally claimed sole ownership of the band's name, in a filing with the US Patent and Trademark Office. "
Meanwhile, Tony Iommi is currently touring with the rest of Black Sabbath (the Dio years) as Heaven and Hell. They hit NYC at the end of August.

"We are profoundly saddened to report that our friend died in his sleep [Sataurday] night. Jay was a beautiful human being who will be missed." [Undertow Music Collective]As the LA Times points out, Undertow released Jay Bennett's 2002 solo album, "Palace at 4 am (Part I)."
In the late '80s, Bennett founded the rock band Titanic Love Affair in Urbana, Ill., which lasted into the mid-'90s. He was best known for his seven years in adventurous rock act Wilco. Bennett split from the Chicago-based group in 2001, and since his departure had been pursuing a solo career, as well as operating Pieholden Suite Sound - named after a song on Wilco's 1999 album "Summerteeth" -- in Champaign , Ill.Videos below...Bennett released the solo effort "Whatever Happened I Apologize" via the Web late last year, and reported at that time that he was pursuing "another" master's degree at the University of Illinois at Urbana-Champaign. Yet it was Bennett's time in Wilco that won him the most acclaim.
He had a not-so-amicable split from the band in 2001, which was documented in the 2002 film "I Am Trying to Break Your Heart" and Greg Kot's book "Wilco: Learning How to Die." He did, however, play a major role in the band as a writer, producer and musician. The orchestrated pop of "Summerteeth" further stripped Wilco of its country-rock roots, and 2002's "Yankee Hotel Foxtrot" saw the band move into more atmospheric territory.
Bennett was asked to leave the group before "Yankee Hotel Foxtrot" was released, and his relationship with Wilco leader Jeff Tweedy remained strained. In early May of this year, Bennett filed suit against his former band mate for breach of contract stemming from his participation in "I Am Trying to Break Your Heart." Bennett was seeking damages in excess of $50,000, according to court papers. [LA Times]
by Andrew Frisicano
"Great Lawn, 15 minutes before the concert" (jamescastle)

This July, the New York Philharmonic will play free outdoor concerts in all five NYC boroughs. Two shows are set for Manhattan, while Brooklyn, Queens, Staten Island and the Bronx each gets one... which is one more than Long Island's East Islip. The NY Phil has been performing annual free shows in the town for more than 30 years, but had to cancel its appearance at this year's concert, "cit[ing] the current economic downturn and a resultant loss of sponsors." The Long Island Philharmonic has announced it will take the group's place at the July 18th event.
At least the New York Phiharmonic is doing better than the Brooklyn Philharmonic. The 50+ year old group (vs. the NYP's 150+ years) was less well-equipped to deal with funding losses and recently canceled the remainder of its 2009 season. That's in addition to being sued by a composer who claims the orchestra "'butchered' [his] piece to avoid paying musicians overtime."
Recent Brooklyn Phil shows, that didn't get cancelled, include one with Grizzly Bear and Final Fantasy, and another with Clogs and Bell Orchestre.
The NY Philharmonic also has an upcoming free Memorial Day show. That concert will take place at Cathedral Church of St. John the Divine on Monday, May 25th.
Last year, the NYP ran a photo contest -- the above snapshot was last year's winner in the "Overall Favorite Shot" category.
All free outdoor dates below...
by Black Bubblegum
The Cool Kids @ Highline Ballroom (More by Leia Jospe)

On some level, yes, perhaps this was inevitable. But after many locals realizing it for some time now, it seems that the Chicago-based hip-hop duo The Cool Kids--or more likely, the people who represent them--have finally been hipped to the fact that, here in [Dallas Forth Worth], there exists a lo-fi punk outfit by the name of the Teenage Cool Kids. And, as such, the Cool Kids' handlers have sent Teenage Cool Kids a cease and desist order, asking that the band change its name. [Dallas Observer]Looks like somebody lost their cool (ZING!)....
In related news, The Cool Kids AND KOOL Keith (will they go after him too?) are part of the recently announced All Points West lineup. Both Cool & Kool play on Saturday Aug 1st... that's the NON-Beastie Boys / Q-Tip / Pharcyde / Organized Konfusion (!!!!!)/ Flying Lotus day (which is Friday, July 31).
Kool Keith will also appear at the Gramercy Theatre in NYC on April 3rd, but this time as Dr Octagon vs Dr Doom. All dates below.
And probably the most exciting news (to me anyway) out of the APW lineup is the reformation of the mighty Organized Konfusion! The crew released their last LP in 1997, The Equinox which was proceeded by the classic self-titled and Stress: The Extinction Agenda LPs. Since then, Pharoahe Monch has been busy with his own ventures including writing rhymes for certain millionaires and showing up to support his friends The Roots at Highline Ballroom. Prince Po hasn't exactly sat idle either... his last album, The Saga Of The Simian Samurai dropped in 2007. Some videos below.
In other APW-playing, hip hop artist news, Q-Tip who always keeps busy performing (most recently on tour with the Cool Kids) and spinning, will be gettin' down at the 92nd St Y in Tribeca, James Lipton style:
Hot 97 DJ Peter Rosenberg hosts a night of music and conversation featuring famed hip-hop musician and producer Q-Tip, a member of the legendary band A Tribe Called Quest. Rosenberg will sit down with Q-Tip for a candid discussion about the life and influences of this innovative artist, whose career has spanned over 20 years. Jazz hip-hop fusion band Igmar Thomas and The Cypher will perform throughout the night, paying tribute to Q-Tip's music.Tickets are on sale.
Beastie Boys recently reissued (deluxe style) Check Your Head, and have been announcing lots of festival appearances for this summer.
And finally, Flying Lotus (the "experimental music producer, disc jockey, and laptop musician from Winnetka, California") will be in NYC before before All Points West, including two dates in the next month - April 16th and 17th. On April 16th, Flying Lotus will join Kode9, Martyn, Mike Slott, Pursuit Grooves, Ras_G, and Zomby as part of Brainfeeder NYC (Part 1) at Love, a showcase for Flying Lotus's all-digital label Brainfeeder. The next day look for Flying Lotus and Kode9 to play the American Museum of Natural History as part of The Fader Presents One Step Beyond (advance tickets are available).
All tour dates, flyers and videos below...

"Ticketmaster faces a Judiciary Committee hearing on Tuesday about its plan to merge with Live Nation, but at least the company managed to resolve its conflict with the state of New Jersey just before the hearing takes place.Wired further points out that the hearing will be webcast starting at 2:30pm EST.Bruce Springsteen's home state settled with the ticketing giant after fans filed thousands of complaints that Ticketmaster gouged them and others by directing them to its secondary ticketing market, TicketsNow, which offered tickets marked-up hundreds or even thousands of dollars above their asking price on the first day in which they were available.
As penance, the company paid New Jersey $350,000 and promised to compensate approximately 2,200 people who were overcharged as part of the flap, according to the Wall Street Journal (whose article can't be read without a subscription). Their means of compensation is a bit odd; out of those 2,200 disgruntled Springsteen fans, 1,000 will be entered in a random drawing to receive permission to purchase two tickets to another show on the tour without having to pay Ticketmaster's notoriously onerous convenience fees (so that's how you avoid those fees: by winning a lottery?).
In addition, Ticketmaster must erect a better wall between its primary and secondary ticketing businesses and must prove that it is selling its tickets first to the primary market, as opposed to injecting them directly into TicketsNow, whose auction style bidding generally results in higher prices.
Barry Diller, CEO of Ticketmaster, originally pinned blame for the foul-up on Visa. The company later clarified the problem was with its credit card billing system in general, which was overloaded by consumer interest in these shows -- never underestimate the popularity of Bruce Springsteen in the tri-state area.
Top brass from Ticketmaster and Live Nation will appear in a Justice Department hearing on Tuesday to determine whether they should be allowed to merge, called "The Ticketmaster/Live Nation Merger: What Does it Mean for Consumers and the Future of the Concert Business?" [WIRED]

On buttons, posters and Web sites, the image was everywhere during last year's presidential campaign: A pensive Barack Obama looking upward, as if to the future, splashed in a Warholesque red, white and blue and underlined with the caption HOPE.In related news, Shepard is appearing at Coachella, he did some work for N.A.S.A., he made a Bad Brains poster, and he recently appeared on the Charlie Rose show. Video below...Designed by Shepard Fairey, a Los-Angeles based street artist, the image has led to sales of hundreds of thousands of posters and stickers, has become so much in demand that copies signed by Fairey have been purchased for thousands of dollars on eBay.
The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Manny Garcia on assignment for the AP at the National Press Club in Washington.
The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees. [Yahoo News]
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