MR

http://somethingelsereviews.com/2012/08 ... -that-way/

Settle with Sony? Former Journey producer Roy Thomas Baker isn't feeling that way


Former Journey producer Roy Thomas Baker is not only refusing to settle as part of an on-going class-action lawsuit over royalties with Sony, he's filed a separate suit — to the tune of $1 million.

Baker produced Journey's first three albums with Steve Perry, from 1978′s Infinity through 1979′s Evolution and 1980′s Departure — a period that saw the band achieve its first chart successes.

His new 18-page lawsuit, according to Courthouse News Service, details allegations that Sony underreported his royalties by more than $475,000 for 21 songs that later ended up on a greatest-hits album which sold more than 80 million copies. Baker also claims to be owed more than $500,000 in additional royalties relating to the Departure album, Journey's 2003 greatest hits DVD, and for music and ringtones downloaded through digital music providers.

Baker, who also produced Queen, the Cars, Alice Cooper, Ozzy Osbourne, Cheap Trick and Foreigner over the years, opted out of a recent class-action lawsuit that made similar claims against Sony from a variety of other artists for downloaded music, because he didn't feel the proposed March settlement was fair. He now says Sony is stonewalling, refusing to release other documents that might uncover additional monies owed since an audit first revealed the inconsistencies.

During Baker's time with Journey, the group scored a number of embryonic chart and radio hits, including "Anytime," "Any Way You Want It," "Feeling That Way," "Just the Same Way," "Lights," "Lovin', Touchin', Squeezin'" and "Wheel in the Sky." Those early successes helped pave the way for Journey's platinum era in the 1980s

COURTHOUSE NEWS SERVICES

Thursday, August 09, 2012


http://www.courthousenews.com/2012/08/09/49153.htm

MANHATTAN (CN) - A veteran producer for Queen, Guns N' Roses, Ozzy Osbourne and other rockers claims Sony Music Entertainment underpaid royalties for his work on 21 Journey songs and owes him more than $1 million.
Roy Thomas Baker has been producing albums for iconic rock bands since the 1970s, including Journey, Cheap Trick, The Cars, Guns N' Roses, Alice Cooper, Ozzy Osbourne, Foreigner and Queen. He most famously produced the Queen hit "Bohemian Rhapsody."
Baker says he produced the master recordings to 21 Journey songs, which were first released on the band's "Infinity" and "Evolution" albums and later compiled in a "Greatest Hits" album that sold more than 80 million copies worldwide. The songs included "Feeling That Way," "Anytime," "Just the Same Way," "Wheel in the Sky" and "Lights."
Sony was supposed to pay Baker royalties under a producer agreement, according to his 18-page federal lawsuit. But Baker says an audit of Sony's books revealed that the music company had been underreporting his royalties by more than $475,000 for the period audited.
He says Sony is refusing to release other documents that might uncover additional underreporting since the audit, and he estimates that his royalties may have been underreported by more than $500,000 before the audit using Sony's incorrect rates.
"There was no way for plaintiff to know of this fraud by Sony because of its concealment, and plaintiff reasonably relied to his detriment," the lawsuit states.
Baker says Sony also charged certain deductions on CDs and foreign digital downloads that were either higher than allowed or were not in the original producer agreement.
Sony allegedly admits to some of Baker's claims, but chalks them up to the "over-linking" of accounts, which it says limits the company's liability.
The producer adds that Sony never paid him royalties for Journey's "Departure" album or its "Greatest Hits DVD 1978 - 1997," released in 2003, and that Sony stiffed him on royalties for music and ringtones downloaded via iTunes, eMusic, Amazon and other digital music providers.
Baker says he opted out of a class action over Sony's alleged failure to correctly pay artists for downloaded music because the proposed settlement in March "is wholly insufficient to make plaintiff whole."
Baker and his company, RTB Audio Visual Productions, demand $1 million and an order forcing Sony to pay him half of its net receipts from leasing the 21 master recordings.
His attorney is Richard Busch of King & Ballow in Nashville.

A "Greatest Hits" album that sold more than 80 million copies worldwide?
Journey has barely touched that total with their entire catalog sales combined.

Don wrote:A "Greatest Hits" album that sold more than 80 million copies worldwide?
Journey has barely touched that total with their entire catalog sales combined.

Ha, no shit! I read that and was like "Holy crap, could that be anymore insane?" LOL. Then I thought about it and realized that maybe because RTB produced individual songs on that GH CD, what they could have meant, in an incredibly lazy and unclear manner, was 80 million sales of songs that RTB produced. Meaning for every one of the 10 million or so copies of GH sold, he should have gotten royalties on 8 songs on that CD, thus the 80 million figure. If my math is right. I don't know, math makes my brain hurt. But maybe that's what they meant.

Jeremey wrote:

Don wrote:A "Greatest Hits" album that sold more than 80 million copies worldwide?
Journey has barely touched that total with their entire catalog sales combined.

Ha, no shit! I read that and was like "Holy crap, could that be anymore insane?" LOL. Then I thought about it and realized that maybe because RTB produced individual songs on that GH CD, what they could have meant, in an incredibly lazy and unclear manner, was 80 million sales of songs that RTB produced. Meaning for every one of the 10 million or so copies of GH sold, he should have gotten royalties on 8 songs on that CD, thus the 80 million figure. If my math is right. I don't know, math makes my brain hurt. But maybe that's what they meant.

I guess if we take the 21 songs he master recorded times number they appeared on Greatest Hits1 and 2, Time³, Essential Journey, Infinity, Evolution and Departure albums that have sold we might come up with 80 million?

SOny admitting culpability is gonna get a judge to order a full audit.. stupid on their part..

Don wrote:

Jeremey wrote:

Don wrote:A "Greatest Hits" album that sold more than 80 million copies worldwide?
Journey has barely touched that total with their entire catalog sales combined.

Ha, no shit! I read that and was like "Holy crap, could that be anymore insane?" LOL. Then I thought about it and realized that maybe because RTB produced individual songs on that GH CD, what they could have meant, in an incredibly lazy and unclear manner, was 80 million sales of songs that RTB produced. Meaning for every one of the 10 million or so copies of GH sold, he should have gotten royalties on 8 songs on that CD, thus the 80 million figure. If my math is right. I don't know, math makes my brain hurt. But maybe that's what they meant.

I guess if we take the 21 songs he master recorded times number they appeared on Greatest Hits1 and 2, Time³, Essential Journey, Infinity, Evolution and Departure albums that have sold we might come up with 80 million?

That's my interpretation.

slucero wrote:SOny admitting culpability is gonna get a judge to order a full audit.. stupid on their part..

Hey, maybe they'll get all of those albums updated certifications with the RIAA finally.

A record company screwing over the talent...That's inconceivable!

Don wrote:

slucero wrote:SOny admitting culpability is gonna get a judge to order a full audit.. stupid on their part..

Hey, maybe they'll get all of those albums updated certifications with the RIAA finally.

I'm sure some other lawyers are gonna jump all over that...

slucero wrote:

Don wrote:

slucero wrote:SOny admitting culpability is gonna get a judge to order a full audit.. stupid on their part..

Hey, maybe they'll get all of those albums updated certifications with the RIAA finally.

I'm sure some other lawyers are gonna jump all over that...

Man, if that happens, all of the classic Journey guys will be rechecking their royalty ledgers to make sure they didn't get shortchanged over the years.

An interesting read on termination rights and the upcoming lawsuits we've only yet begun to hear of. I've even heard argument that the new "mastered for iTunes!" gimmick was just a ploy by the major labels to avoid the masters reverting back to the original artists by creating "new" works in a way to somehow circumvent the 35 year termination rights provisions that are just now coming due. Labels are trying to squeeze every last dollar on digital downloads, streaming royalties and other new technologies in an effort to fill the coffers before the labels potentially enter long legal battles over the master recordings they've made billions off of over the past 35 years.

http://www.nytimes.com/2011/08/16/arts/ ... wanted=all

man talk about arrogant..

“We believe the termination right doesn’t apply to most sound recordings,” said Steven Marks, general counsel for the Recording Industry Association of America, a lobbying group in Washington that represents the interests of record labels. As the record companies see it, the master recordings belong to them in perpetuity, rather than to the artists who wrote and recorded the songs, because, the labels argue, the records are “works for hire,” compilations created not by independent performers but by musicians who are, in essence, their employees.

slucero wrote:man talk about arrogant..

“We believe the termination right doesn’t apply to most sound recordings,” said Steven Marks, general counsel for the Recording Industry Association of America, a lobbying group in Washington that represents the interests of record labels. As the record companies see it, the master recordings belong to them in perpetuity, rather than to the artists who wrote and recorded the songs, because, the labels argue, the records are “works for hire,” compilations created not by independent performers but by musicians who are, in essence, their employees.

No shit...Employees??? Really, I am sure the IRS would love to hear about that.

Jeremey wrote:

slucero wrote:man talk about arrogant..

“We believe the termination right doesn’t apply to most sound recordings,” said Steven Marks, general counsel for the Recording Industry Association of America, a lobbying group in Washington that represents the interests of record labels. As the record companies see it, the master recordings belong to them in perpetuity, rather than to the artists who wrote and recorded the songs, because, the labels argue, the records are “works for hire,” compilations created not by independent performers but by musicians who are, in essence, their employees.

No shit...Employees??? Really, I am sure the IRS would love to hear about that.

If Don Henley is on this... he's like a dog on a bone when it comes to his songs... the labels don't stand a chance...

Jeremey wrote:A record company screwing over the talent...That's inconceivable!

But...but...but, if Journey were with a major label today, they might get to be like Justin or Mariah and actually get heard on the radio, even with their new stuff and new singer, instead of the small play on A/C channels. Even letting the Major labels screw them might make them more money in record sales than they get from being independent. They will still make their money on touring. Maybe Journey should reconsider their stance on this and just lube up a bit and take it.

steveo777 wrote:

Jeremey wrote:A record company screwing over the talent...That's inconceivable!

But...but...but, if Journey were with a major label today, they might get to be like Justin or Mariah and actually get heard on the radio, even with their new stuff and new singer, instead of the small play on A/C channels. Even letting the Major labels screw them might make them more money in record sales than they get from being independent. They will still make their money on touring. Maybe Journey should reconsider their stance on this and just lube up a bit and take it.

LOL, on the WalMart deals the band got paid up front. It couldn't have been a better arrangement. You want 100,000 copies? Sure thing, here's the invoice! Send us the money!! It was awesome. I don't see any WalMart deals in the future though.

Jeremey wrote:

steveo777 wrote:

Jeremey wrote:A record company screwing over the talent...That's inconceivable!

But...but...but, if Journey were with a major label today, they might get to be like Justin or Mariah and actually get heard on the radio, even with their new stuff and new singer, instead of the small play on A/C channels. Even letting the Major labels screw them might make them more money in record sales than they get from being independent. They will still make their money on touring. Maybe Journey should reconsider their stance on this and just lube up a bit and take it.

LOL, on the WalMart deals the band got paid up front. It couldn't have been a better arrangement. You want 100,000 copies? Sure thing, here's the invoice! Send us the money!! It was awesome. I don't see any WalMart deals in the future though.

Walmart knows they would sell like the Shorty Barnhill records of the 60's in Spokane Washington.......a few.

Jeremey wrote:

slucero wrote:man talk about arrogant..

“We believe the termination right doesn’t apply to most sound recordings,” said Steven Marks, general counsel for the Recording Industry Association of America, a lobbying group in Washington that represents the interests of record labels. As the record companies see it, the master recordings belong to them in perpetuity, rather than to the artists who wrote and recorded the songs, because, the labels argue, the records are “works for hire,” compilations created not by independent performers but by musicians who are, in essence, their employees.

No shit...Employees??? Really, I am sure the IRS would love to hear about that.

Man, that's going to open up a whole can of worms. Independent contractor or employee....I don't think the labels want to go down that road. Did they put these "employees" on their payroll? Employment taxes paid?

I thought Elson produced Departure (with Geoff Workmann maybe?) not RTB?

slucero wrote:SOny admitting culpability is gonna get a judge to order a full audit.. stupid on their part..

In the early 1990s, the band Chicago did the same thing. There was a clause in Chicago's contract that basically said that after the albums recouped all advances, costs + a certain amount, the rights would revert to Chicago.

Sony kept claiming that the albums hadn't hit that milestone ... even as Chicago's worldwide sales topped 120 million albums sold. Finally, the band audited therm and discovered that the rights were - in fact - many years overdue. In the end, the band got the masters, back-payments and an apology.

Music industry has its sleezyness on the business side.

Please tell me this is the grenade that blows up these record companies...LOL!

Sounds familiar..

http://www.mtv.com/news/articles/144845 ... sony.jhtml

Baker produced Departure? Why does it sound like crap compared to Infinity and Evolution?