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3rd time a charm? RE : Zep sues owner of Wolfgang's Vault
- Subject: 3rd time a charm? RE : Zep sues owner of Wolfgang's Vault
- From: PajLvr@xxxxxxx
- Date: Thu, 21 Dec 2006 09:10:48 EST
Nic Santoli wrote:
Uhh...cancel that last thought...I just found the article and re-read it
(I should have done that beforehand) - they are suing b/c of the use of
the streams to stimulate sales.
I had just recalled part of the quote about using their images....
<end quote>
Here's the article I read...probably convey's the same thing as the one
Carol posted, but I didn't get a chance to read all of it, before some freaky
power surge happened and all things blacked out 'round here.
(sorry, don't have a link handy either)
-VON
Members of LED ZEPPELIN are among the musicians who
are taking a music memorabilia web site owner to
court, claiming he is illegally selling vintage
recordings and memorabilia.
The lawsuit was filed in San Francisco in the U.S.
District Court, Northern District of California
against William Sagan, who operates a web site,
WolfgangsVault. com, through which he is allegedly
promoting and selling these materials in violation of
federal and state laws.
Sagan acquired the memorabilia when he purchased
certain assets of the late legendary concert promoter
Bill Graham from Clear Channel Entertainment, which
acquired Graham's concert promotion company after his
death. Graham's archives contained millions of
promotional items and personal memorabilia, such as
vintage concert posters and t-shirts featuring the
musical artists' intellectual property �~@~T their names,
voices, likenesses, photographs, trademarks and
copyrights �~@~T which were never authorized for sale.
Sagan has continued to expand his allegedly unlawful
practices by offering reproductions of these items for
sale, including "reprints" of vintage concert posters
and a new line of baby clothing featuring the artists'
names and protected trademarks. In addition, to
increase sales of these materials, Sagan is streaming
allegedly illegal recordings of live concerts
performed by the artists to the public on his web site
and is offering to "license" these recordings to other
parties.
The artists �~@~T Grateful Dead Productions, Carlos
Santana, and the members of LED ZEPPELIN and THE DOORS
�~@~T are represented by Jeff Reeves and Ashlie Beringer,
lawyers with the international law firm Gibson, Dunn &
Crutcher.
"Sagan simply doesn't have the legal rights to exploit
and profit from the extraordinary success of these
musicians," said Jeff Reeves, who represents the
musicians. "This memorabilia was created in the first
place for the purposes of promoting concerts and as
gifts for fans and concert crew. Graham himself did
not have the right to sell, reproduce or otherwise
exploit these materials as a promoter, and neither
does Sagan, who was not authorized to purchase these
materials and who has absolutely no connection to the
artists or their music."
"We have never given permission for our images and
material to be used in this way," said Bob Weir of the
GRATEFUL DEAD. "What Sagan is doing is stealing. He is
stealing what is most important to us �~@~T our work, our
images and our music �~@~T and is profiting from the good
will of our fans."
"Bill Graham was a man of great integrity who cared
very deeply about the artists he worked with as a
manager and promoter," said Grammy-award winning
musician Carlos Santana, one of the artists �~@~T along
with his namesake band Santana �~@~T affected by William
Sagan's activities on WolfgangsVault. com. "Bill was a
close friend to me and the SANTANA BAND for many
years, and I know that what Sagan is doing would go
against everything he believed in. I am fully
committed to joining with other artists to protect our
work, our rights and our legacy."