This US legal complaint is important for all creators and artists
Popular music and films make huge money for rights-owning corporations.
Yet, too often, the artists and creators get a raw deal from exploitation of their talent.
We want to help rebalance this equation.
Our case against Vivendi and Universal Music Group is simple, if perhaps a little shocking.
It’s been 39 years since This Is Spinal Tap was released.
Yet we, the creators, have been told that global music sales from the soundtrack album total just US$98.
We’re also, apparently, only entitled to share US$81 (between us) from global merchandising sales.
This shocks us, given Tap’s enduring popularity.
So, Vivendi and UMG – it’s not a big ask. Just show us how you’re exploiting our creative work and pay us a fair share.
#FairnessRocks
If you’re a fellow creator, the information on this site may be of interest.
Official Media Releases
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“This is Spinal Tap” Litigation Accelerates Towards Trial - 03.12.2019
French Version
“This is Spinal Tap” Litigation Accelerates Towards Trial
Creators Turbocharge Battle With France’s StudioCanal Following Failed Mediation
London Dec. 3rd, 2019 - Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner, the four co-creators of the iconic 1984 mockumentary film This is Spinal Tap (TIST), have set the stage for their trial with StudioCanal in Los Angeles, in the coming months.
According to the plaintiffs’ complaint, Vivendi, through its agent StudioCanal, wilfully manipulated certain accounting data, failed to protect the rights entrusted to it and ignored contractually-obligated accounting and reporting processes - all of which served to deny Shearer, and his fellow co-creators, their rightful stake in the production’s profits. The action seeks hundreds of millions of dollars in compensatory and punitive damages, and a declaration that the co-creators own all copyright and trademark interests in the film property.
The four creators successfully overcame Vivendi’s use of procedural methods in an attempt to dismiss and delay the case. After a year of mediation and informal exchange of information, the co-creators became frustrated by StudioCanal’s continued delay and failure to acknowledge the co-creators’ rights and their entitlement to past-due profits. StudioCanal’s attitude demonstrates a fundamental failure to appreciate the duties expected of a film rights owner. StudioCanal’s tactics have only served to harden the creators’ determination to prevail.
The four are also warning other artists in profit-share agreements with rights-owners of the battles they face in receiving the fruits of their labours, despite a rightful entitlement.
On Nov. 5th, the plaintiffs announced the settlement of their claims against Vivendi’s UMG regarding the film’s soundtrack recordings. The ongoing case against Vivendi’s StudioCanal is not affected by the UMG settlement.
The litigation against StudioCanal and senior executive Ron Halpern, now shifts to a pre-trial discovery phase. This gives the plaintiffs the right to seek full access to StudioCanal’s internal books and records going back decades - since the creators first offered up for exploitation the independent film they had created. This allows the four artists to confirm what they have long suspected: that the defendants have, for more than two decades, deliberately shielded their corporate failings and accounting sleight of hand, and withheld accurate information relating to the revenues and profits generated by the film. The French company stood idly by while others made a killing from sales of merchandise inspired by the film and the much-beloved, faux heavy metal band it depicts.
“The past year has felt like being stuck in limbo. We’re now back and unleashed, ready to burrow deep into StudioCanal’s ledgers to see what commercial secrets and corporate failings they have concealed,” said Harry Shearer, TIST co-creator and band bassist. “Their failed motions to dismiss, delay and obfuscate won’t help the studio now we are able to dig up what they have been hiding all these years. We get to depose key figures, including top executives of StudioCanal and Vivendi, such as Mr. Ron Halpern. They reported that we were entitled to $81 between the four of us, for 35 years of merchandise sales. Even with the limited information we now have, it is clear that StudioCanal shielded millions of dollars in revenues from us and manipulated the accountings in their favor.”
“It’s been revelatory. We’ve been woefully underestimated by Studio Canal,” said Christopher Guest, who played guitarist Nigel Tufnel. “They simply refused to acknowledge us or our concerns. In discussions over the recordings UMG “got it” and throughout showed respect for talent, for intellectual property and the creative process. UMG’s approach eventually brought about an amiable and equitable solution to our music claims. StudioCanal, however, has been dismissive to the point of contemptuous.”
“The stay in proceedings is now over,” declared lead litigator Stanton “Larry” Stein. “We move with determination to the next phase, in which we will seek comprehensive discovery of StudioCanal’s accounting procedures and licensing transactions. When my clients filed this case three years ago, they did so seeking equity, fair treatment and fealty to the contractual arrangement between the film’s creators and the studio. What’s extraordinary is the strength of the French studio’s grip on the film’s rights, having failed to properly guard, or exploit them over the past 35 years. We look forward to entering the discovery phase and bringing this case to trial. The creative industry in Hollywood will be closely watching this litigation as we go onwards to trial.”
“This isn’t just about the four of us – it never has been,” said co-creator and TIST Director Rob Reiner. “The film was made on the thinnest of budgets. And so many creative people worked hard contributing their talents to a film that has stood the test of time. That’s why we took on this fight. Not just for us, but for all hardworking artists who should get their fair share from their creative efforts.”
“After all the delays we are closing in,” said Michael McKean, lead singer and guitarist David St Hubbins in TIST. “StudioCanal has had three years to take our claims seriously – yet focused instead on trying to get rid of us. Now that they have failed to swat us away procedurally, we are about to expose their other legions of failings. Year after year, brand pirates have been left to run amok, as recently as last month taunting us via social media, while flooding the market with unauthorized Spinal Tap t-shirts and other products. StudioCanal had a duty to properly exploit film and image rights and collect revenues. They haven’t, so we will. It is time to return this beloved film to its rightful owners.” -
Shearer, Guest, McKean & Reiner and UMG Settle Dispute - 05.11.2019
Shearer, Guest, McKean & Reiner and UMG Settle Dispute
London: Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner, the creators of the iconic mockumentary film This is Spinal Tap, have resolved their dispute with Universal Music Group (UMG) regarding the film's soundtrack recordings.
Under the agreement, Spinal Tap’s recordings will continue to be distributed through UMG and eventually the rights will be given to the creators. The parties look forward to making these beloved recordings available to existing and new Spinal Tap fans for years to come.
Harry Shearer said:
“I must admit, from the moment we first began mediation with them to now, I’ve been impressed by UMG’s respect for creatives and their distinctive desire to seek a prompt and equitable solution to the issues.”
Christopher Guest said:
"It was refreshing to be treated so constructively and with such courtesy by UMG and I'm pleased we have been able to resolve this." -
Spinal Tap plaintiffs soundly defeat defendants’ motions to dismiss - 29.08.2018
Spinal Tap plaintiffs soundly defeat defendants’ motions to dismiss
Historic Litigation Moves Forward with Fraud and Copyright Termination Claims Intact; Co-creators Introduce New Legal Team to Carry Case Forward
August 29, 2018: Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner, the four co-creators of the revered band “Spinal Tap,” and the 1984 film “This is Spinal Tap,” (TIST), today celebrated the favorable ruling by U.S. District Court Judge Dolly M. Gee in their ongoing $400m lawsuit against French conglomerate Vivendi and its subsidiaries.
Harry Shearer, commenting on behalf of his co-Plaintiffs, said:
“We are pleased with the decision in our ongoing litigation involving the film ‘This is Spinal Tap,’ which allows all of our claims against Vivendi, StudioCanal and Ron Halpern, including the fraud claim, to proceed. We are also confident that we will adequately amend our claims against the defendant Universal Music, as specified by Judge Gee’s order, so we can move forward with those as well. The Court’s ruling makes clear that we can pursue damages both for breach of contract and fraud, including punitive damages, based on the defendants’ failure to properly account to us for our profits in connection with ‘This is Spinal Tap.’ It is equally important that we can pursue our right to recapture our copyright interests and other intellectual property rights in connection with the Spinal Tap film and music, so that we can control our own creative product and benefit from it, as we should have all along. We look forward to finally getting our day in court, at a trial, with the evidence that to date Vivendi has tried to hide from us.”
Further, Spinal Tap creators Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner announced that preeminent entertainment litigator Stanton “Larry” Stein and his team at Russ, August & Kabat, including Bennett Bigman and Irene Lee, have been engaged as new lead counsel in the creators’ ongoing litigation against Vivendi and its affiliated defendants over unpaid revenues, breach of contract, fraud, and ownership of intellectual property rights in the landmark “This is Spinal Tap” case.
Harry Shearer, commenting also on behalf of his co-Plaintiffs, said:
“We are confident that Larry Stein and his team are the right lawyers to lead our case to victory on the merits. I have known and worked with Larry for a long time. Larry is widely recognized as one of Hollywood’s top entertainment litigators and has a long history of successfully challenging self-dealing within giant media corporations such as Vivendi. Larry and his experienced team will help us through the next phase of this litigation to show that not only have we been deprived of fair compensation for our work, but that we are entitled to ownership and control over our film, music, and the Spinal Tap brand itself. I want to thank Peter Haviland and his team at Ballard Spahr for their great work in crafting our claims, and especially for preserving our important fraud claim that Vivendi has desperately tried, but failed, to have dismissed. We look forward to Larry and Peter working together to move this case into the discovery phase, where we can shine a bright light on Vivendi’s improper and fraudulent accounting practices.”
Larry Stein added:
“We welcome the opportunity to build on what Peter and his team have done and to get to the merits of what I am sure will be ground-breaking litigation in protecting valuable rights for not only these four talented individuals, but for all creative artists.”
ENDS
The Plaintiffs’ case is filed as: 2:16-cv07733.
Further details and a copy of the Plaintiffs’ Opposition to the Defendants’ Motions can be found at www.fairnessrocks.com
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Plaintiffs' Consolidated Opposition to Motions - 01.02.2018
Spinal Tap Plaintiffs File Opposition to Defendants’ Motion
February 1, 2018: Counsel for the Plaintiffs has today filed a Consolidated Opposition to Defendants’ Motions to Dismiss in the US District Court in the Central District of California. This follows Defendants UMG Inc & UMG Recordings Inc filing a Motion to Dismiss on December 21, 2017. Vivendi, StudioCanal and Ron Halpern filed their second effort to dismiss the Complaint also on that date. A hearing of the Defendants’ Motions and the Plaintiffs’ Consolidated Opposition to these Motions is scheduled for March 16, 2018.
Harry Shearer, commenting also on behalf of his co-Plaintiffs Christopher Guest, Michael McLean, Rob Reiner, said:
“Vivendi has now withdrawn all of its challenges to the continuance of our Complaint, with one exception – that if we are right, we have ‘only’ suffered under a breach of contract and so are not entitled to punitive damages for conduct we allege is fraud. Vivendi bleats to the court that a fraud allegation stymies its effort to reach a reasonable resolution – belying the fact the company has not once, in 15 months, attempted to communicate constructively with us.
“Backed into a corner by decades of irrefutable failures, Vivendi and its subsidiaries have resorted to legal gymnastics in an attempt to limit their liabilities. It would be comical if it weren’t so tragically inept.
“In turn, Universal is trying to hoodwink the Court into believing that it has no contractual duties to us. This is despite it accepting UMG acquired the music recording rights and obligations from Embassy and that it remains responsible for collecting the sound recording revenues owed to us. Universal seems to want it both ways.
“In today’s filing, we make a concise argument for why Vivendi and its cohorts must face both the fraud and breach of contract allegations they are so desperately trying to avoid. It’s time to face the music.”
ENDS
Plantiffs’ Consolidated Opposition to Motions – 01.02.2018
The Plaintiffs’ case is filed as: 2:16-cv07733.
The Motion hearing is set for 9.30am, March 16, 2018 in Courtroom 8c at US District Court, Central District of California, 350 West 1st St, Los Angeles before the Honorable Judge Dolly M Gee.
Notes to Editors
The plaintiffs’ filing directly addresses two primary assertions made by the defendants in the December Motions:
(1) the plaintiffs allegations do not rise to the level of fraud because of the long-standing “economic loss rule,”
(2) Universal Music Group (UMG) should not be party to this lawsuit, nor should it be liable for fraud.
Today’s filing challenges these two errant themes head-on. For convenience, we excerpt key passages that concisely refute the defendants’ arguments (location within the filed document noted alongside each excerpt):
1. The Economic Loss Rule Does Not Preclude Plaintiffs’ Fraud Claim Intentional Tort Exception
“California courts have long recognized an exception to the economic loss rule for intentional torts” (Page 9, line 7)
“…the fraud claim is based on Vivendi’s malicious, tortious conduct designed to defraud Plaintiffs. Specifically, Vivendi’s knowingly false statements, both through affirmative misrepresentations that they were providing accurate and reliable accountings to Plaintiffs, and through active concealment of accurate gross-receipts, expenses and net profits in each of the profit participation statements as well as of Vivendi’s improper self- dealing by sharing of revenues between different Vivendi subsidiaries, including the disproportionate allocation of costs and bundling of unsuccessful films in the Embassy catalogue. Vivendi and its subsidiaries StudioCanal and UMG breached this independent tort duty to not knowingly deceive or make affirmative false representations to Plaintiffs.” (Page 12, line 8)
California Public Policy Strongly Favors the Recognition of an Independent Cause of Action for Intentional Fraud
“The California Supreme Court has consistently held that the economic loss rule must not be applied mechanically.” (Page 12, line 21)
“Allowing claims for intentional fraud, “discourages such practices in the future while encouraging a business climate free of fraud and deceptive practices.” (Page 14, line 3)
The “Special Relationship” Exception
“…the California Supreme Court held that the economic loss rule does not bar recovery in tort for foreseeable economic loss where a “special relationship” exists between
the parties.” (Page 14, line 11)“Here, a “special relationship” plainly exists between Plaintiffs and Defendants in that Defendants had complete control over the publication, distribution, royalty collection and accounting, and intellectual property enforcement related to Spinal Tap and their intentional fraud in the course of that relationship breached an independent duty
created by this special relationship. Specifically: (1) the Embassy agreement was made expressly for the benefit of Plaintiffs; (2) the harm to Plaintiffs from Defendants’ fraudulent accounting practices was plainly foreseeable; (3) there is no question that Plaintiffs have suffered injury; (4) Plaintiffs’ injuries have resulted directly from Defendants’ conduct; (5) Defendants’ anti-competitive accounting practices, active concealment and intentionally false representations are morally blameworthy; and (6) future harm to Plaintiffs and other artists can readily be avoided by enforcement of a rule that imposes a duty of due care and honesty in the performance of Defendants’ obligations to Plaintiffs.” (Page 15, line 1)
2. UMG’s Motion to Dismiss Fails
Plaintiffs Have Properly Alleged Their Breach of Contract and Accounting Claims against UMG.“Plaintiffs allege that UMG acquired all pertinent sound recording rights and obligations under the Embassy Agreement and that UMG is responsible for providing the revenues it collects, through Vivendi, to Plaintiffs. In its briefing, UMG admits that it is the successor- in-interest to Polygram Records, which indisputably was responsible under its own agreement with Embassy to collect and account for the music sound recording revenues due to Plaintiffs as set forth in the Embassy Agreement.“ (Page 18, line 8)
UMG Is Liable for Fraud Because It Directed False Statements to Vivendi and Studiocanal Intending That Those False Statements Be Communicated to Plaintiffs
“The Second Amended Complaint alleges Vivendi’s and UMG’s hidden, fraudulent accounting practices and repeated, knowingly false statements that the gross receipts, expenses and net profits identified therein — including music royalties — were “truthful and accurate.” UMG directed those representations to Plaintiffs through Vivendi, knowing that Vivendi, StudioCanal and their agents would repeat those false representations to Plaintiffs. These false statements were not made in isolation, but were part of a fraudulent scheme involving improper self-dealing between between UMG, Vivendi, and StudioCanal. These allegations are more than sufficient to state a claim for fraud against UMG, particularly where more expansive evidence of the fraud is in Vivendi, StudioCanal and UGM’s possession and control and can only be obtained through legally compelled discovery.” (Page 23, line 6)
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About The Film
This is Spinal Tap – produced on a shoestring budget, has become a cult classic since its first theatrical run, in 1984. The film has garnered international praise and acclaim, having been included in “best ever” lists such as The New York Times Guide to the Best 1,000 Movies Ever Made; Entertainment Weekly’s 100 Greatest Movies of All Time where it appeared on the “Just Too Beloved to Ignore” list; and the 100 Greatest Movies of All Time list published by Total Film.
The band, composed of Shearer, Guest and McKean, performing as their beloved stages personas (in the company of a rotating cast of hard-luck percussionists), has toured the world multiple times since the film’s release, and hundreds of thousands of Spinal Tap sound
recordings have been sold over the ensuing decades. Full-length Spinal Tap albums are still available for hard-copy sale, download and streaming today.
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Amended Complaint Filed - 19.10.2017
Spinal Tap Co-Creators File Amended Complaint in $400M Lawsuit
• Adds Universal Music Group as co-Defendant
• Inserts Shearer, Reiner & McLean as individual co-plaintiffs alongside Guest
• Details Vivendi’s Fraud
• Seeks Declaratory Judgment over copyright recapture and trademark rights
19 October 2017: Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner, the four co-creators of the revered band “Spinal Tap,” and 1984 ‘mockumentary’ film “This is Spinal Tap” (TIST), have today filed amendments to their ongoing $400m lawsuit, including adding Universal Music Group as a co-defendant.
The amended complaint details the fraud by concealment and misrepresentation conducted by Vivendi and its agent Ron Halpern and others. The co-creators contend there was longstanding and deliberate concealment by Vivendi of material facts regarding the actual gross receipts of the film, soundtrack, music and merchandise sales, plus expenses and the profits owed to them.
Vivendi, via its subsidiary Canal, has repeatedly refused to deliver numerous years’ accounting statements, contrary to its contractual obligations – in particular, statements relating to years in which substantial exploitation occurred and as a result, revenues were significantly enhanced. By way of just one example, Vivendi’s concealment included the omission of a $1.6m payment by MGM to Vivendi in 2004, which represented a settlement in respect of VHS & DVD revenues originally underreported by MGM.
Further compounding this fraud, improper expense deductions were made in Vivendi’s accounting to the creators, allegedly representing print, advertising and publicity expenses (undocumented) totalling over $3.3m and a further $1m in freight and other direct costs, more than half of which extraordinarily appears to fall some 20 years after the film’s release (see Count III para 86 of Amended Complaint). Vivendi has also recently charged over $460k in “interest” on production advances for a film released in 1984, and $165k in “litigation expenses” to the creators’ account (see para 22). Vivendi clearly has no intention of honouring its obligations to account honestly, or to fairly compensate the Spinal Tap creators for their work.
Today’s amended complaint also seeks a Declaratory Judgment over the creators’ inalienable right to reclaim their copyright in the film, screenplay, musical compositions, sound recording and characters relating to the band, the 20 minute development film they created and in TIST, the film, – collectively the Spinal Tap Works. This would invalidate the French corporation’s attempt to countersue Shearer, as it has threatened to do, by falsely claiming that the four’s creative product constituted ‘works for hire’.
There’s currently a wealth of purportedly Spinal Tap merchandise for sale online: from beer dispensers to bedlinen, clocks to prayer candles, none of which is licensed. Yet to date, Vivendi has selectively sought to enforce property rights against the original four creators – a clearly absurd position that had to be challenged.
The lawsuit continues to seek a similar Judicial Declaration over the Trademark application made to the USTPO by Shearer’s loan out company on behalf of all four creators, given the abandonment by Vivendi of the various Spinal Tap trademarks.
“The scale and persistence of fraudulent misrepresentation by Vivendi and its agents to us is breathtaking in its audacity. We are slowly unpeeling an onion that’s beginning to look rotten to its core. One just has to wonder how these defendants are treating other filmmakers and musicians,” said Shearer.
He adds: “The thinking behind the statutory right to terminate a copyright grant after 35 years was to protect creators from exactly this type of corporate greed and mismanagement. Absurdly, Vivendi seems determined to allow anyone but the creators to be enriched by our works. It’s emerging that Vivendi has, over decades, utterly failed as guardian of the Spinal Tap brand – a truer case of life imitating our art would be hard to find.”
ENDS
Amended Complaint – filed 19.10.2017
NOTES TO EDITORS
Statutory Termination Rights & Notices to Terminate
The U.S. Congress passed a revised version of the U.S. Copyright Act in 1976, which allowed for termination of copyright grants expressly to protect creative artists from abusive and exploitative contracts.
The four co-creators of Spinal Tap originally filed their termination notices in October of 2016 in respect of certain creative products directly associated with This Spinal Tap.
In its response to the creators’ litigation, Vivendi threatened a separate claim against Harry Shearer alone, asserting he has no termination rights on the grounds that the creative product was “work for hire.” In this way, the French corporation inexplicably sought to abuse a single creator of jointly created works by making nonsensical and baseless legal threats.
By no stretch of the imagination does the “work for hire” doctrine apply in the case of the film, not least as the band, its music and its recognized characters all existed long before the motion picture was made. Yet, Vivendi continues to assert that it has a right to maintain control over all the elements of the film – even though the corporation has failed to enforce valuable rights and has abandoned trademarks that would, via merchandising licences, otherwise have benefitted both the creators and Vivendi itself for a very long period of time.
The ability of creators to terminate a grant of rights in certain circumstances, after 35 years have elapsed, was created by a U.S. Congressional amendment to the US Copyright Act in the Act’s sweeping 1976 revision. Section 203 of USC Title 17 gives authors, whose works are protected under US law, the inalienable right to reclaim the rights in their works. The statute is very clear that an author’s right to recapture ownership of works is absolute: that is, both inalienable and “notwithstanding any agreement to the contrary.” Founded on the premise that it is in the best interests of the authors whom a copyright was originally meant to protect, Congress introduced this right of termination expressly to shield creators from the stark consequences of unremunerative, repeat transfers of rights in their works.
Unsuspecting creators, when starting out in their careers, had commonly signed unfair deals with major studios and music companies, allowing the entertainment corporations to reap huge profits as works were re-released via new and evolving formats over the years, but leaving many artists out in the cold in regard to fair remuneration. This long-standing statute, which first kicked in, in early 2016, has since allowed a number of writers and artists to effectively take back control of their rights. In this way, the creative talent more fairly profits from the enduring popularity and long-term cultural viability of their work.
In this case, the termination notices relate to grants effected by the four TIST co-creators in respect of pre-existing works, works that were conceived, created and distributed well before the making of the film. The four co-creators have notified all successors in the chain of title of their termination notices, including Vivendi.
The Motion Picture
This is Spinal Tap, produced on a shoestring budget, has become a cult classic since its first-of-many theatrical runs in 1984. The film has garnered international praise and adulation, having been included in “best ever” lists such as The New York Times Guide to the Best 1,000 Movies Ever Made; Entertainment Weekly’s 100 Greatest Movies of All Time — where it appeared on the “Just Too Beloved to Ignore” list — and the 100 Greatest Movies of All Time list, published by Total Film.
The band, composed of Shearer, Guest and McKean, performing as their beloved stages personas (in the company of a rotating cast of hard-luck percussionists), has toured the world multiple times since the film’s release, and hundreds of thousands of Spinal Tap sound recordings have been sold over the ensuing decades. Full-length Spinal Tap albums are still available for hard-copy sale, download and streaming today. On occasion, their songs have been covered by other artists.
Merchandise licensing – Trademarks
The film and band, as a result of the co-creators’ endeavours, established unique characters, a screenplay, songs, sound recordings, a seminal short film, and the potential for thousands of licensed products – which the four co-creators are currently seeking to protect through an application to the US Trademark Office to reclaim control of the Spinal Tap brand.
The $400m Complaint Timeline
Guest, McKean and Reiner joined Shearer’s October 2016 filed complaint in February 2017, claiming breach of contract, fraud and anti-competitive business practices in respect of Vivendi’s management of rights in TIST and its associated intellectual properties. Their joint Complaint is labelled Case No. 2:16-cv-07733. The previously mentioned threat by Vivendi to counter-sue Shearer, in an effort to prevent him from terminating his grants of copyright, appeared in Vivendi’s Motion to Dismiss the plaintiffs’ Complaint.
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The ruling on Vivendi's Motion to dismiss - 29.09.2017
Court Rules Spinal Tap Litigation Should Continue Unfettered – Vivendi’s Motion to Dismiss Rejected
29 September 2017: Last night, the U.S. District Court in California rejected the Motion by Vivendi to dismiss the $400m lawsuit brought by legendary band “Spinal Tap” co-creators, Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner.
The four co-creators, Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner, and the members of their legal team, welcomed the long-awaited court decision.
The Court concluded that the “Co-creators are intended Third Party Beneficiaries of the 1982 Agreement” [P8 Para 2]. However since the original filing was brought in the names of 3 of the 4 co-creators’ loan out companies, rather than by the co-creators individually, alongside Christopher Guest, the Court has granted Shearer, Reiner and McKean leave to amend to add themselves as co-plaintiffs going forward [P9 Para 3]. The principle behind the litigation therefore remains steadfast.
Harry Shearer, commenting on the ruling said: “Vivendi thought we would be made to go away. Well, not today, not tomorrow, nor the next day. England’s loudest band will be heard. But today is a good day not just for us, but for all aggrieved creative artists.”
“This ruling is an important victory,” said Peter Haviland, trial counsel for the four Spinal Tap co-creators. “It ratifies a critical contractual right for artists: even in studio-drafted contracts containing a ‘No Third Party Beneficiary Clause,’ artists may be determined by a Court to be third party beneficiaries who have the right to sue for wrongdoing, notwithstanding such contractual clauses. The Court has invited us to amend our complaint to clarify the individual rights of each of the co-creators, and we will do so promptly. We will also be adding further facts to highlight Vivendi’s history of fraud in this case, and to address equally important issues of copyright reversion and so-called ‘works for hire’.”
Christopher Guest added: “We’re doing the right thing, and most importantly, we are setting a precedent for similarly aggrieved artists who can’t afford to do this themselves. We’re sending a message not just to Vivendi, but to the so-called Hollywood accounting cabal as a whole: treat creators from the outset with genuine fairness and respect.”
ENDS
Further details including Judge Dolly M Gee’s Motion to Dismiss Ruling (CV16-7733-DMG (ASx)) plus the full litigation timeline can be found at www.fairnessrocks.com.
NOTES TO EDITORS
The Motion Picture
This is Spinal Tap (TIST), produced on a shoestring budget, has become a cult classic since its first-of-many theatrical runs in 1984. The film has garnered international praise and adulation, having been included in “best ever” lists such as The New York Times Guide to the Best 1,000 Movies Ever Made; Entertainment Weekly’s 100 Greatest Movies of All Time — where it appeared on the “Just Too Beloved to Ignore” list — and the 100 Greatest Movies of All Time list, published by Total Film.
The band, composed of Shearer, Guest and McKean, performing as their beloved stages personas (in the company of a rotating cast of hard-luck percussionists), has toured the world multiple times since the film’s release, and hundreds of thousands of Spinal Tap sound recordings have been sold over the ensuing decades. Full-length Spinal Tap albums are still available for hard-copy sale, download and streaming today. On occasion, their songs have been covered by other artists.
Merchandise licensing – Trademarks
The film and band, as a result of the co-creators’ endeavours, established unique characters, a screenplay, songs, sound recordings, a seminal short film, and the potential for thousands of licensed products – which Shearer, on behalf of all four, is currently seeking to protect through his application to the US Trademark Office to reclaim the Spinal Tap brand.
The $400m Complaint
Guest, McKean and Reiner joined Shearer’s filed complaint on 9 February 2017, claiming breach of contract, fraud and anti-competitive business practices in respect of Vivendi’s management of rights in “This is Spinal Tap” and its associated intellectual properties. Shearer filed his initial Complaint in October 2016. Their joint Complaint continues before Judge Dolly M Gee in the U.S. District Court for the Central District of California, labelled Case No. 2:16-cv-07733.
Vivendi filed its Motion to Dismiss on 28 February 2017. Attorneys for the plaintiffs filed their response to the Motion to Dismiss on 30 March 2017. Today’s ruling has been awaited since then.
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Plaintiffs' Filed Response to Vivendi Motion - 30.03.2017
“Spinal Tap” Creators Answer Vivendi's Claim
That Their Suit Be Thrown Out30 March 2017: Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner, the co-creators of the revered band “Spinal Tap” and joint plaintiffs in the $400m Complaint against Vivendi, have answered, in Court pleadings filed March 29, Vivendi’s threat to sue Harry Shearer and its attempt to dismiss the creators’ claims. Unbowed by the Defendants’ intimidatory representations, the plaintiffs remain united and resolute in their determination to expose and challenge anti-competitive practices and fraudulent accounting in respect of their creations.
The co-creators deride as “grossly inappropriate” Vivendi’s threat to sue one of the plaintiffs, Harry Shearer, for exercising his inalienable right to terminate his grant of copyrights under US statute. The plaintiffs point out that the other three co-creators/joint plaintiffs in fact followed Shearer’s footsteps by issuing similar copyright termination notices over the songs, film, screenplay, and sound recordings.
Shearer commented: “Vivendi’s distracting and obfuscatory conduct is entirely in line with our experience of the Corporation to date – failing to provide participation statements; declaring piddling revenue share from exploitation over 33 years, particularly Tap music & merchandise; and neglecting or abandoning the protection of Tap trademarks worldwide. As a result, we have seen a deluge of unofficial Spinal Tap-branded apparel, dishware, pet accessories, and god knows what else. And perhaps the greatest irony? Learning that the only party against whom Vivendi threatens to enforce copyrights, is me!”
Shearer continued: “That Vivendi suddenly appears concerned about certain exploitation opportunities would be laughable if it were not so disingenuous. The hypocrisy on display is unreal. On the one hand, Vivendi claims Spinal Tap and all its associated collateral have hardly made the thinnest of dimes. On the other, they hold the rights with the ferocity of a death grip, all the while refusing to enforce them, excepting the recent threat targeting me. Seemingly Vivendi is prepared to allow anyone but the creators to enjoy enrichment from these works.”
Christopher Guest added: “It’s absurd that Vivendi now claims our creations were “works for hire” and that Harry’s termination (notwithstanding we have all given notices) places a “cloud over the movie and music copyrights” which “threatens Studio Canal’s ability to distribute Spinal Tap (sic) and to otherwise enjoy its lawful rights to the movie”. Vivendi is re-writing history and showing a complete lack of understanding of copyright law. The band, the characters, the distinctive logo and most of the songs performed both live and televised all existed long before any agreement to produce a motion picture.”
ENDS
Further details and a copy of the Plaintiffs’ Opposition to the Defendants’ Motion can be found at www.fairnessrocks.com .
The Motion hearing is set for 9.30am, May 5, 2017 in Courtroom 8C at US District Court, Central District of California, 350 West 1st St, Los Angeles before the Honorable Judge Dolly M Gee.
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NOTES TO EDITORS
Statutory Termination Rights
The ability of creators to terminate a grant of rights in certain circumstances is vested in them as a result of the U.S. Copyright Act of 1976. Section 203 of USC Title 17 gives authors the inalienable right to reclaim certain rights in their works. Founded on the premise that it is the interests of authors that copyright was originally meant to protect, Congress introduced this right of termination expressly to protect authors from the consequence of unremunerated transfers of rights in their works. The statute is very clear that an author’s right to recapture ownership of works in specific circumstances is both inalienable and “notwithstanding any agreement to the contrary.
This is Spinal Tap – produced on a shoestring budget, has become a cult classic since its first theatrical run, in 1984. The film has garnered international praise and acclaim, having been included in “best ever” lists such as The New York Times Guide to the Best 1,000 Movies Ever Made; Entertainment Weekly’s 100 Greatest Movies of All Time where it appeared on the “Just Too Beloved to Ignore” list; and the 100 Greatest Movies of All Time list published by Total Film.
The band, composed of Shearer, Guest and McKean, performing as their beloved stages personas (in the company of a rotating cast of hard-luck percussionists), has toured the world multiple times since the film’s release, and hundreds of thousands of Spinal Tap sound recordings have been sold over the ensuing decades. Full-length Spinal Tap albums are still available for hard-copy sale, download and streaming today. -
Plaintiffs' response to Vivendi motion 01.03.2017
Plaintiffs' response to Vivendi motion 01.03.2017
“Vivendi’s motion to dismiss is a sadly predictable response. Their motion does not dispute that Vivendi has paid virtually nothing to Harry Shearer, Rob Reiner, Christopher Guest and Michael McKean for This Is Spinal Tap. Yet it asserts these co-creators have no legal right, or standing, to challenge this absurdity. We disagree. Shearer, Reiner, Guest and McKean formed the group Spinal Tap Productions (STP). There's no dispute that STP, also a plaintiff, has standing to proceed. Further the creators' claims to intellectual property rights to the film and its music – both trademark and copyright – cannot be dismissed through this legal standing challenge from Vivendi."
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Additional Plaintiffs Release 8.02.2017
Guest, McKean and Reiner Join Shearer's This Is Spinal Tap Fraud Suit Against Vivendi
8 February 2017, London: Christopher Guest, Michael McKean and Rob Reiner, co-creators of the cult-classic film This is Spinal Tap, have today formally joined fellow creator, Harry Shearer, as plaintiffs in his lawsuit against French conglomerate Vivendi S.A..
Guest starred as the band Spinal Tap’s lead guitarist Nigel Tufnel; McKean as lead vocalist and rhythm guitarist David St Hubbins and Shearer as bassist Derek Smalls. Reiner directed the film and starred as its narrator.
The original complaint, by Shearer’s service company Century of Progress Productions, [Case No. 2:16-cv-07733], was filed on 17 October 2016 in the Central District of California USA. The lawsuit alleges Vivendi S.A. engaged in anti-competitive and unfair business practices, as well as fraudulent accounting, directly related to its management of This Is Spinal Tap.
With Guest, McKean and Reiner’s participation, the revised filed and served complaint now seeks US$400 (four hundred) million in compensatory and punitive damages from Vivendi, up from the US$125 million originally claimed.
Commenting on the lawsuit, Guest said: “The deliberate obfuscation by Vivendi and its subsidiaries is an outrage. It is vital that such behavior is challenged in the strongest way possible.”
Reiner adds: “Fair reward for artistic endeavor has long been raised by those on the wrong end of the equation. What makes this case so egregious is the prolonged and deliberate concealment of profit and the purposeful manipulation of revenue allocation between various Vivendi subsidiaries – to the detriment of the creative talent behind the band and film. Such anti-competitive practices need to be exposed. I am hoping this lawsuit goes to 11.”
“This is Spinal Tap was the result of four very stubborn guys working very hard to create something new under the sun. The movie’s influence on the last three decades of film comedy is something we are very proud of. But the buck always stopped somewhere short of Rob, Harry, Chris and myself. It’s time for a reckoning. It’s only right.” commented McKean.
Shearer welcomed his co-creators’ decision to join: “Their participation will help demonstrate the opaque and misleading conduct at the heart of this case. We’re even louder now.”
The amended complaint, which also incorporates Spinal Tap Productions (owned in equal share by all for co-creators), as a joint plaintiff alongside the co-creators and their service companies, details Vivendi’s alleged manipulation of certain accounting data, while ignoring contractually obligated
accounting and reporting processes, to deny the plaintiffs their rightful stake in the production’s profits.
ENDS
FOR A COPY OF THE AMENDED COMPLAINT CLICK HERE
FOR PHOTOS OF ALL PLAINTIFFS CLICK HERE
NOTES TO EDITORS
In 1982, Reiner, Shearer, Guest, and McKean signed an agreement with Embassy Pictures, Inc. for the production, financing and distribution of This Is Spinal Tap. The agreement ensured profit participation payments, at the rate of 40 percent of net receipts, to the creators based on all sources of revenue, including merchandise and music.
After two years of production, the film was released in 1984. It soon became a cult favourite, and its reputation as one of the 20th Century’s most enduring comedies has increased exponentially in the ensuing years. The film’s accolades include being named in the New York Times Guide to the Best 1,000 Greatest Movies Ever Made list, Total Film’s 100 Greatest Movies of All Time list, and achieving the coveted Number One spot on Time Out London’s 100 Best Comedy Movies list. In 2002, the film’s lasting appeal led the U.S. Library of Congress to designate it as a culturally, historically, or aesthetically significant film.
The film’s ongoing critical success was likewise matched by its financial success. It was produced on a shoestring budget of $2.25 million. The complaint alleges that This Is Spinal Tap generated millions of dollars across various revenue streams for Vivendi, its subsidiary companies, and their licensees. The music and merchandise that the film and band have spawned, earned tens of millions of dollars in revenue through re-releases, album and singles sales, merchandise sales, and distribution of the film in various formats across the globe over the course of the last 32 years. However, these profits were not fairly shared with the four co-creators, cast, or crew.
The French conglomerate claims that the four creators’ share of total worldwide merchandising income between 1984 and 2006 was a mere $81 dollars. Likewise, total income from soundtrack music sales between 1989 and 2006 was reported by Vivendi as only $98 dollars/
Band & Movie Background
Although This Is Spinal Tap was first released in 1984 in US and UK (in 2000 in France) the band “Spinal Tap” was actually created in the late 1970s. The band’s rock musician characters “Nigel Tufnel” and “David St. Hubbins” were created by Christopher Guest and Michael McKean with Harry Shearer creating bassist “Derek Smalls”. Spinal Tap’s comedic sole claim to fame was as “one of England’s loudest bands”.
Phrasing from the film’s script has entered the general lexicon (“it goes to 11”). The film continues to be shown regularly on TV home viewing around the world, is available on multiple video formats and has been supported by several album/singles releases and band tours.
Litigation Background
Harry Shearer’s determination to highlight the principle of fair rights to creators led him to launch the original suit. He is unafraid to take on vested interests in the entertainment industry in his pursuit of equitable treatment between the industry and its talent. He is today joined by all of his co-creators of Spinal Tap the band, and the film.
This lawsuit will determine several key matters in respect of the exploitation rights to This Is Spinal Tap, including breach of contract, fraud and fraudulent concealment, breach of an implied covenant of good faith and fair dealings and intellectual property rights. The lawsuit raises particular concerns over the anti-competitive effects of non-arms’ length transactions among Vivendi subsidiaries in managing This Is Spinal Tap. These issues are further outlined in the Complaint.
Advisors
Lead Litigator: Peter Haviland, Ballard Spahr (Los Angeles, CA.)
Lead Counsel: Amanda Harcourt, Intellectual Property Consultant (UK)
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Harry Shearer Response to Vivendi Media Statement 02.12.2016
Harry Shearer Response to Vivendi Media Statement
"I am surprised to read that Vivendi is unaware of my legal Complaint, filed with the US court on 17 October, and of the global success of the film, This is Spinal Tap, whose rights it owns and whose recoupment it has allegedly been calculating over the past 30 years. Listed conglomerates have a duty to be aware of all litigation in which they are referenced, no matter from where in the world they emanate.Vivendi's reaction demonstrates a worrying myopia from a media giant concerned with IP rights ownership in a global industry. Mr Ron Halpern, Vivendi's executive with responsibility for exploiting the film, his US colleagues as well as Vivendi's own legal department in Paris, will be able to inform Vivendi's board of our myriad of correspondence over the years.
"To help familiarise itself with the issues at stake, perhaps the corporation should also take a look at www.fairnessrocks.com where the filed Legal Complaint is published and downloadable to anyone. A copy of the 18 October media release (in French) can also be downloaded. An internet search will demonstrate to Vivendi shareholders the level of public support as evidenced by the hundreds of media reports from the US West and East Coast through London and Australia since filing. It's puzzling that Vivendi considers this support, for a film whose rights it sometimes asserts as its own, as "disproportionate".
"I think fans will be shocked at the lack of interest shown by Vivendi towards this much-revered film. Perhaps this also explains the corporation's lackadaisical approach to intellectual property rights embodied in the Spinal Tap brand. With US$125m at stake, the US court is unlikely to be so cavalier."
Background:
Vivendi may be unaware of TIST's unique and long-term appeal, but its popularity has not been lost on expert critics, given its inclusion in "best ever" lists such as:
· The New York Times Guide to the Best 1,000 Movies Ever Made;
· Entertainment Weekly's 100 Greatest Movies of All Time where it appeared on the "Just Too Beloved to Ignore" list;
· the 100 Greatest Movies of All Time list published by Total Film;
· 2011 Time Out London named the film number one on its list of The 100 Best Comedy Movies.
the National Film Registry of the Library of Congress in 2002 designated TIST as a culturally, historically, or aesthetically significant film.
Unusually, the film has had two releases, several years appart. What's more, TIST still enjoys popularity on television, home video, and other media, including both a 25th Anniversary Blu-Ray DVD release in 2009 and a 30th Anniversary release in November 2014. Yet Vivendi now claims not to recognise the film's significance or popularity whilst booking over US$2.5m in undocumented "marketing and promotion expenses" years after its release. Similarly Vivendi's accounting has produced undocumented charges to "Freight and other Direct Costs" totalling over US $500,000, allegedly incurred almost twenty years after the film's initial release. It is difficult to see on what basis these charges are justified on an unpopular historic film of little import – if that is truly how Vivendi sees TIST.
END
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Vivendi Response 01.12.2016
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Shearer Litigation Launch Release 17.10.2016
French Version
Harry Shearer, This Is Spinal Tap Co-Creator, Files Vivendi Fraud Suit
Harry Shearer, renowned worldwide for his voicing of 23 characters on the long-running animated television series ‘The Simpsons’, has filed a comprehensive legal action in Los Angeles, California, USA.
The lawsuit alleges the French conglomerate, Vivendi S.A., engaged in anti-competitive and unfair business practices, as well as fraudulent accounting, directly related to its management of the cult-classic film, This Is Spinal Tap. Shearer co-created the film, co-wrote the soundtrack and starred as the Spinal Tap band’s bassist, Derek Smalls.
According to the complaint, Vivendi and its agents, including StudioCanal and Universal Music Group, wilfully manipulated certain accounting data, while ignoring contractually-obligated accounting and reporting processes, to deny Shearer and his fellow co-creators their rightful stake in the production’s profits. The action seeks US$125,000,000 in compensatory and punitive damages.
As a StudioCanal executive with personal responsibility for exploitation of the film and band, Ron Halpern is named as a co-defendant in the claim. Halpern is based in Paris.
“Almost 40 years ago, Christopher Guest, Michael McKean, Rob Reiner and I created the somewhat legendary band Spinal Tap,” said Shearer. “We thought there was something real and really funny about the characters, and between that inception and the theatrical release of This Is Spinal Tap in 1984, we poured ourselves into nurturing and perfecting the paean to rock loudness that has entertained so many people, even today. But despite the widespread success of the film and its music, we’ve fallen victim to the same sort of fuzzy and falsified entertainment industry accounting schemes that have bedevilled so many other creators. In this instance, the fraud and negligence were just too egregious to ignore. Also, this time, it was personal.”
In 1982, Reiner, Shearer, Guest, and McKean – signed an agreement with Embassy Pictures, Inc. for the production, financing and distribution of This Is Spinal Tap. The agreement ensured profit participation payments, at the rate of 40 percent of net receipts, to the creators based on all sources of revenue, including merchandise and music.
After two years of production, the film was released in 1984. It soon became a cult favourite and its reputation as one of the 20th Century’s most enduring comedies has increased exponentially in the ensuing years. The film’s accolades include being named in the New York Times Guide to the Best 1,000 Greatest Movies Ever Made list, Total Film’s 100 Greatest Movies of All Time list, and achieving the coveted Number One spot on Time Out London’s 100 Best Comedy Movies list. In 2002, the film’s lasting appeal led the US Library of Congress (the world’s largest cultural collection), to designate it as a culturally, historically or aesthetically significant film.
The film’s ongoing critical success was likewise matched by its financial success. It was produced on a shoestring budget of US$2.25 million. Yet This Is Spinal Tap and the music and merchandise that it and the band have spawned, earned tens of millions of dollars in revenue, according to the complaint – through re-releases, album and singles sales, merchandise sales, and distribution of the film in various formats, across the globe over the course of the last 32 years. However, these profits were not fairly shared with the four co-creators, cast or crew.
When Vivendi acquired the rights to This Is Spinal Tap in 1989, through its subsidiary Canal, the lawsuit alleges it began a concerted and fraudulent campaign to hide, or grossly underreport, the film’s revenues in order to avoid its profit participation obligations. Vivendi’s financial reporting of income has been woefully inconsistent at best. Performance of its duties to the film’s creators dropped off entirely from 2014, the 30th anniversary of the film’s initial theatrical release. In the past two years, Vivendi has altogether failed to produce an account of any Tap revenue, according to the complaint.
The complaint alleges that This Is Spinal Tap has generated millions of dollars, across various revenue streams, for Vivendi, its subsidiary companies and their licensees. The French conglomerate asserts that the four creators’ share of total worldwide merchandising income between 1984 and 2006 was US$81 dollars. Between 1989 and 2006, total income from soundtrack music sales was reported by Vivendi as US$98 dollars, according to the complaint.
“This is a simple issue of artists’ rights,” added Shearer. “It is stunning that after all this time, two cinema releases, all the various home video format releases, all the records and CDs, and all the band-themed merchandise still widely available worldwide, the only people who haven’t shared Spinal Tap’s success are those who formed the band and created the film in the first place.”
“Vivendi and its subsidiaries – which own the rights to thousands and thousands of creative works – have, at least in our case, conducted blatantly unfair business practices,” Shearer continued. “But I wouldn’t be surprised if our example were the tip of the iceberg. Though I’ve launched this lawsuit on my own, it is in reality a challenge to the company on behalf of all creators of popular films whose talent has not been fairly remunerated. I am just one person seeking redress for blatant injustice, but I hope this lawsuit will, in its own way, help set a new precedent for faithful and transparent accounting practices, and fair artistic compensation, industry-wide.”
ENDS
NOTES TO EDITORS
Band & Movie Background
Although This Is Spinal Tap was first released in 1984 in US and UK (in 2000 in France) the band “Spinal Tap” was actually created in the late 1970s. The band’s rock musician characters “Nigel Tufnel” and “David St. Hubbins” were created by Christopher Guest and Michael McKean with Harry Shearer creating bassist “Derek Smalls”. Spinal Tap’s comedic sole claim to fame was as “one of England’s loudest bands”.Phrasing from the film’s script has entered the general lexicon (“it goes to 11”) as exemplified by the Tesla car, whose audio system’s volume control goes to 11, as does that of the BBC’s iPlayer.
The film continues to be shown regularly on TV home viewing around the world, is available on multiple video formats and has been supported by several album/ singles releases and band tours. Yet, apparently, the film took 27 years to recoup.
Litigation Background
Mr Shearer has been frustrated by the difficulty in receiving a clear picture from the Vivendi group as to the revenues due from each of the various income streams – including merchandising and music sales – and by the Group’s accounting methods. He is determined to highlight the principle of fair rights to creators. He is unafraid to take on vested interests in the entertainment industry in his pursuit of equitable treatment between the industry and its talent.This lawsuit will determine several key matters in respect of the exploitation rights to This Is Spinal Tap, including breach of contract, fraud and fraudulent concealment, breach of an implied covenant of good faith and fair dealings and the lawfulness or otherwise of practices indulged in by a media player with market dominance. The lawsuit raises particular concerns over the anti-competitive effects of non-arms’ length transactions among Vivendi subsidiaries in managing This Is Spinal Tap. These issues are further outlined in the Complaint.
Mr Shearer has filed his litigation in the U.S. District Court for the Central District of California, through his trial counsel, Peter Haviland, Managing Partner of the Los Angeles office of U.S. firm Ballard Spahr.
Official Media Contacts
London:
Melanie Riley
Bell Yard Communications
O: +44 (0)207 936 2021 M: +44 (0)7775 591244 E: melanie@bell-yard.com
Key Factual Charges From Complaint
new_releases
Fact 1
In 1982 Embassy Pictures (later acquired by Canal/Vivendi) signed an agreement with the Spinal Tap creators to provide regular Participation Statements. These detail the income received from all sources set against the costs of production/administration. This is key to any artist or creator in the entertainment business looking to understand their royalty payments.
Despite repeated requests from Shearer's business management team, he has still not been provided with the complete record of Participation Statements. Over the last two years, Vivendi and Canal have failed to account at all.
In 2013, in anticipation of This Is Spinal Tap (TIST)'s 30th Anniversary, Harry Shearer commissioned a study of the accounting statements and revenue streams associated with TIST. By November it was ready.
new_releases
Fact 2
It is clear from the study that media giant Vivendi has an interest in many of the companies exploiting TIST right along the value chain. This has enabled a blurring of revenue and cost allocation between different film (StudioCanal) and music (Universal Music Group) subsidiaries.
It appeared Vivendi had wilfully concealed and manipulated years of accountings to retain monies due to the film’s creators. The failure to provide accounting and the gaps in statements coincided with the years where activity would have enhanced revenue.
Millions of dollars in undocumented marketing and promotional expenses were allegedly incurred years after release, as were undocumented charges for "freight and other direct costs". All this, almost 20 years after the film's initial launch.
According to Vivendi, TIST took 27 years to recoup.
new_releases
Fact 3
The creators have always been entitled to revenues from sale of TIST merchandise. But according to Vivendi accounting, no merchandise revenue has been generated worldwide in over 20 years.
Shearer's representatives have informed Canal on numerous occasions of the existence of unlicensed items using the trademark or third party products branded in association with the film/band. Thousands of TIST-branded items are offered for sale online.
Harry discovered that not only has Canal failed to enforce the trademarks, it had actually abandoned its registrations in 2011. Yet Canal still claims rights against the creators if they want to use the Spinal Tap name. Harry has now filed trademark applications to reclaim creative rights to use the names "Spinal Tap" and "Derek Smalls" without interference from Vivendi.
Timeline of events
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1 Feb 2018
Plaintiffs File Opposition to Defendants’ Motion
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19 Oct 2017
Plaintiffs file amended complaint, adding Universal Music Group as Co-Defendants
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28 Sept 2017
Californian Federal Court rejects Vivendi’s Motion to Dismiss
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29 Mar 2017
Plaintiffs file response to Vivendi’s Motion to Dismiss.
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7 Feb 2017
Guest, Reiner and McKean join Shearer as Plaintiffs in now $400 million amended com
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17 Oct 2016
Shearer Files $125 million lawsuit against Vivendi for fraud, anti-competitive business practices and a failure to account for profits in the film "This Is Spinal Tap" and exploitation of the rights in the band "Spinal Tap".
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2012-2016
Harry Shearer's representatives alert Canal to numerous trademark infringements and unlicensed merchandise products, varying from 'This is Spinal Tape' to "Dobly Sound" and McDonalds' "Our taste goes to 11" by way of examples. No meaningful action is taken by Canal to uphold the IP rights.
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2012
Rialto appointed to manage US theatrical (cinema) and non-theatrical distribution. Rialto is a distribution company co-founded by Adrienne Halpern, the sister of Vivendi/StudioCanal’s Ron Halpern.
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2010
Audio visual use licenses are granted for the songs Big Bottom, Gimme Some Money and Cups and Cakes, Heavy Duty, Hellhole, Sex Farm, Stonehenge and Tonight I am Gonna Rock You, Tonight.
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2009
The band plays Glastonbury Festival in the UK. Back from the Dead CD & DVD re-released by Essential. The band also appeared and performed on 'The Daily Show with Jon Stewart'.
Release of the so-called Marshall Amp edition on BluRay from Optimum.
Up to 11 25th Anniversary Editon from Optiumum DVD & BluRay
Release of BluRay disc from ArtHaus.
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1992-2008
Numerous film, video and music releases in USA and Europe. The band invited to appear in advertising around the 1996 Olympics and in TV commercials.
In 2007, the band plays UK’s Wembley Stadium for the Live Earth global warming charity event. -
June 1992
The first single, The Majesty of Rock, is released by MCA from the follow up album Break Like the Wind. The single, Bitch School, follows then the album. Release of Home Video – Return of Spinal Tap.
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1991
New Line Home Video buys Nelson Entertainment catalogue for US$15 million. These video rights subsequently passed to MGM, now part of Sony Music Entertainment.
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1989
Re-make rights are sold during the De Laurentis Entertainment Group bankruptcy to Lloyd Ivan Miller Productions LLC and continue to be managed on behalf of LIMP by Carolco Pictures in LA. Yet Canal has purported to license re-make rights when ownership is vested elsewhere.
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1989
De Laurentis Entertainment Group files for bankruptcy and certain of its rights in This Is Spinal Tap are sold to Parafrance. Parafrance is a subsidiary of L’Oreal which later transfers certain rights to StudioCanal - a subsidiary of French media conglomerate Vivendi.
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1986
Coca Cola divides Embassy Pictures' assets and sells the theatrical division to De Laurentis Entertainment Group. Home video is sold to Nelson Entertainment.
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18 June 1985
Embassy Pictures sold to Coca Cola for US$485 million.
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1985
Theatrical (cinema) releases by now in Brasil, Germany, Norway, Finland, Australia, Norway, Hong Kong, Italy. The title and the film itself has by now been translated into at least 19 languages.
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1984
Spinal Tap: The Original Soundtrack Recording from the Motion Picture This Is Spinal Tap is released by Polydor.
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3 May 1984
This Is Spinal Tap is released in a London cinema, opening in other UK cinemas the following day.
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2 Mar 1984
The film, "This Is Spinal Tap", is released on 3 screens in US cinemas.
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7 May 1982
Spinal Tap Productions signs a production and distribution agreement with Embassy Pictures to produce the motion picture “This Is Spinal Tap” incorporating the pre-existing characters, situations and the songs. Under the terms of the Agreement, STP and its Principals were to receive both fixed, deferred and contingent compensation for their services in the form of profit participation payments based on all sources of revenue, including merchandise and music.
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6 May 1982
The production company, Spinal Tap Productions, is formed with all four creators (Guest, McKean, Shearer and Reiner) as Principals having equal shares in the company and all revenues arising from the company’s creations.
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1980
Spinal Tap and Rob Reiner produce a 20 minute 'proof of concept' film they called “The Last Tour” which was eventually picked up by independent film studio Embassy Pictures who offered the creators a deal.
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July 1979
Spinal Tap appears in a pilot called “The TV Show” which lampooned many television formats. It is broadcast on ABC. Rob Reiner was executive producer and Harry Shearer produced the show.
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1979
Spinal Tap writes 7 songs and records them in an LA studio. The band performs these songs at gigs at LA’s Whiskey & The Central (both on Sunset Strip) and at a club in Orange County.
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1978
Christopher Guest & Michael McKean create Nigel Tufnel and David St Hubbins, English musicians. Harry Shearer joins them as Derek Smalls. The band is named "Spinal Tap".
News
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As David Zaslav Reshapes Warner Bros., Are His New Film Execs on the Same Page?
SOURCE: The Hollywood Reporter
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‘THIS IS SPINAL TAP’ CREATORS SET UP LICENSING BODY TO EXCLUSIVELY MANAGE FILM’S RIGHTS
SOURCE: Topi Radio
‘THIS IS SPINAL TAP’ CREATORS SET UP LICENSING BODY TO EXCLUSIVELY MANAGE FILM’S RIGHTScloseThe creators of This Is Spinal Tap have set up a licensing body to exclusively manage the cult film’s rights. Rob Reiner, Harry Shearer, Christopher Guest and Michael McKean, creators … Continue reading "‘THIS IS SPINAL TAP’ CREATORS SET UP LICENSING BODY TO EXCLUSIVELY MANAGE FILM’S RIGHTS"
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Spinal Tap creators set up new licensing company following settlement of Vivendi dispute
SOURCE: CMU
Spinal Tap creators set up new licensing company following settlement of Vivendi disputecloseThe creators of ‘This Is Spinal Tap’ have announced that they will launch a new company on Friday to manage the licensing of the cult film and all rights related … Continue reading "Spinal Tap creators set up new licensing company following settlement of Vivendi dispute"
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‘Spinal Tap’ Creators Set Up Licensing Body To Manage Exploitation Of Their Iconic Motion Picture
SOURCE: BlabberMoush.net
‘Spinal Tap’ Creators Set Up Licensing Body To Manage Exploitation Of Their Iconic Motion PicturecloseRob Reiner, Harry Shearer, Christopher Guest and Michael McKean, creators of the iconic mockumentary “This Is Spinal Tap”, have set up a wholly owned entity to manage the licensing of … Continue reading "‘Spinal Tap’ Creators Set Up Licensing Body To Manage Exploitation Of Their Iconic Motion Picture"
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Spinal Tap stars set up licensing companyclose
Spinal Tap’s stars have set up a new company to manage the licensing of the film and all rights related to it. The move comes after Rob Reiner, Harry Shearer, … Continue reading "Spinal Tap stars set up licensing company"
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‘This Is Spinal Tap’ creators set up licensing body to exclusively manage film’s rightsclose
The creators of This Is Spinal Tap have set up a licensing body to exclusively manage the cult film’s rights. Rob Reiner, Harry Shearer, Christopher Guest and Michael McKean, creators … Continue reading "‘This Is Spinal Tap’ creators set up licensing body to exclusively manage film’s rights"
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Dispute Settled Between ‘This is Spinal Tap’ Creators and Vivendi, StudioCanalclose
Good news has come for the creators of This is Spinal Tap on Friday, Sep 19 as they have reached a settlement with Vivendi media conglomerate and their film distribution … Continue reading "Dispute Settled Between ‘This is Spinal Tap’ Creators and Vivendi, StudioCanal"
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‘This Is Spinal Tap’ creators and StudioCanal settle rights disputeclose
The creators behind cult movie This Is Spinal Tap have settled a longstanding rights despite with StudioCanal. Read More: https://www.nme.com/news/film/this-is-spinal-tap-creators-and-studiocanal-settle-rights-dispute-2757087
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‘Spinal Tap’ Creators Settle Royalties Fight With Vivendiclose
The creators of “This is Spinal Tap” and Vivendi SA’s Studiocanal have reached an agreement in their long-running dispute over allegedly unpaid profits from the 1984 cult classic. Read More: … Continue reading "‘Spinal Tap’ Creators Settle Royalties Fight With Vivendi"
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‘This Is Spinal Tap’ Creators Settle Fraud Lawsuit With Vivendi, StudioCanal
SOURCE: Ppo Times UK
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This Is Spinal Tap Creators Reach Settlement With StudioCanal in Fraud Lawsuitclose
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‘This Is Spinal Tap’ Creators Settle Fraud Lawsuit With Vivendi and StudioCanalclose
The creators of the film “This Is Spinal Tap,” including director Rob Reiner and stars Michael McKean, Christopher Guest and Harry Shearer, have settled a lawsuit with StudioCanal and its … Continue reading "‘This Is Spinal Tap’ Creators Settle Fraud Lawsuit With Vivendi and StudioCanal"
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Spinal Tap Creators Reach Settlement With Vivendi in Fraud Lawsuitclose
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‘This Is Spinal Tap’ Creators Reach Settlement On Long-Running Court Battle Over Rights And Income
SOURCE: Deadline
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‘Spinal Tap’ Creators Reach Settlement With Distributorsclose
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‘Spinal Tap’ Creators Settle Rights Dispute With StudioCanal
SOURCE: The Hollywood Reporter
‘Spinal Tap’ Creators Settle Rights Dispute With StudioCanalcloseThis is Spinal Tap co-creators Harry Shearer, Rob Reiner, Michael McKean and Christopher Guest have got a deal that could potentially revive the franchise. On Friday, attorneys for the group … Continue reading "‘Spinal Tap’ Creators Settle Rights Dispute With StudioCanal"
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‘Spinal Tap’ Creators’ Lawsuit Heading Towards Trialclose
Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner, the creators of the iconic mockumentary film This is Spinal Tap, have announced that they expect to go to trial in the … Continue reading "‘Spinal Tap’ Creators’ Lawsuit Heading Towards Trial"
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SPINAL TAP’S UMG CASE MIGHT BE OVER, BUT VIVENDI IS NOT OFF THE HOOK YET
SOURCE: Music Business Worldwide
SPINAL TAP’S UMG CASE MIGHT BE OVER, BUT VIVENDI IS NOT OFF THE HOOK YETcloseThe creators of the iconic 1984 mockumentary film This Is Spinal Tap – Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner – are preparing to head to trial with … Continue reading "SPINAL TAP’S UMG CASE MIGHT BE OVER, BUT VIVENDI IS NOT OFF THE HOOK YET"
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StudioCanal Fights to Retain ‘Spinal Tap’ in Counterclaims Against Creators
SOURCE: Hollywood Reporter
StudioCanal Fights to Retain ‘Spinal Tap’ in Counterclaims Against CreatorscloseThis Is Spinal Tap co-creators Harry Shearer, Rob Reiner, Michael McKean and Christopher Guest may have recently settled with Universal Music Group, but that doesn’t quite mean that a potentially … Continue reading "StudioCanal Fights to Retain ‘Spinal Tap’ in Counterclaims Against Creators"
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This Is Spinal Tap at 35: the faux-rockers reunite at Tribeca film festival
SOURCE: The Guardian
This Is Spinal Tap at 35: the faux-rockers reunite at Tribeca film festivalcloseAs Rob Reiner, Michael McKean, Christopher Guest and Harry Shearer stood on the stage of New York’s Beacon Theater, basking in waves of deafening applause from their rabid sold-out crowd, … Continue reading "This Is Spinal Tap at 35: the faux-rockers reunite at Tribeca film festival"
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Spinal Tap Rocks, Rolls and Delights at Tribeca 35th Anniversary Screeningclose
Fans of the legendary British rock outfit Spinal Tap were given a rare treat Saturday night as the band’s core trio reunited for a rare acoustic performance following the Tribeca Film Festival’s … Continue reading "Spinal Tap Rocks, Rolls and Delights at Tribeca 35th Anniversary Screening"
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35 YEARS LATER, THIS IS SPINAL TAP STILL ROCKS HARDER THAN EVERclose
On March 2, 1984, the world was blessed by the hilarious mocku-rockumentary This Is Spinal Tap (Certified Fresh at 95%). Utilizing largely improvisational dialogue, director Rob Reiner and writers and cast members Christopher Guest, Harry Shearer, and Michael … Continue reading "35 YEARS LATER, THIS IS SPINAL TAP STILL ROCKS HARDER THAN EVER"
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Classic Film Review: Rob Reiner’s This Is Spinal Tap Has Always Proven the Answer Is “None More Biopic”
SOURCE: Consequence of Sounds
Classic Film Review: Rob Reiner’s This Is Spinal Tap Has Always Proven the Answer Is “None More Biopic”closeThis is Spinal Tap is hilarious to everyone who’s not a musician. Because for as ridiculous and perverse as Rob Reiner’s heavy metal mockumentary gets, the slim, 82-minute comedy gnaws at more … Continue reading "Classic Film Review: Rob Reiner’s This Is Spinal Tap Has Always Proven the Answer Is “None More Biopic”"
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‘This Is Spinal Tap’ at 35close
“This Is Spinal Tap,” the heavy metal mockumentary about one of England’s loudest bands, turns 35 this year. The 1984 satire parodies early metal bands and the rock music industry … Continue reading "‘This Is Spinal Tap’ at 35"
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‘Spinal Tap’ turns 35: 11 ways the world literally turned the film love to 11close
“This Is Spinal Tap” turns 35 on March 2. That’s one more year, innit? Director Rob Reiner’s 1984 mockumentary highlighting the loudest band in the world — Spinal Tap’s Nigel Tufnel (Christopher … Continue reading "‘Spinal Tap’ turns 35: 11 ways the world literally turned the film love to 11"
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FIA warmly welcomes the Council of Europe recognition of bargaining rights of self-employed workers
SOURCE: FIA
FIA warmly welcomes the Council of Europe recognition of bargaining rights of self-employed workerscloseThe Committee of Ministers of the Council of Europe issued a decision in December that constitutes an important recognition of the collective labour rights of self-employed persons, clearly recognising that … Continue reading "FIA warmly welcomes the Council of Europe recognition of bargaining rights of self-employed workers"
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The AMLC Takes Another Big Step Towards Implementing the Music Modernization Act
SOURCE: Digital Music News
The AMLC Takes Another Big Step Towards Implementing the Music Modernization ActclosePresident Trump may have signed the Music Modernization Act (MMA) into law. But he’s also throwing a gigantic monkey wrench into process required to transform the MMA into reality. Read … Continue reading "The AMLC Takes Another Big Step Towards Implementing the Music Modernization Act"
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Harry Shearer’s This Is Spinal Tap Lawsuit Is Moving Forwardclose
As it exists in pop culture, Spinal Tap is a strange entity. The band is fictional, created for the Rob Reiner-directed mockumentary This Is Spinal Tap, but their existence has continued … Continue reading "Harry Shearer’s This Is Spinal Tap Lawsuit Is Moving Forward"
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Vivendi loses motion to dismiss $400m Spinal Tap suit
SOURCE: Intellectual Property Magazine
Vivendi loses motion to dismiss $400m Spinal Tap suitcloseThe creators of Spinal Tap were told yesterday (29 August) they can pursue a $400m lawsuit against French conglomerate Vivendi. Read more: https://www.intellectualpropertymagazine.com/copyright/vivendi-loses-motion-to-dismiss-400m-spinal-tap-suit
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Judge Rules “This Is Spinal Tap” Case Can Proceedclose
LOS ANGELES (CelebrityAccess) — A ruling on Tuesday by U.S. District Judge Dolly cleared the way for a lawsuit brought by the creators of the semi-fictional band against Vivendi to … Continue reading "Judge Rules “This Is Spinal Tap” Case Can Proceed"
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Studios Can’t Duck Suit Over ‘Spinal Tap’ Royaltiesclose
LOS ANGELES (CN) – A federal judge on Tuesday advanced the bulk of claims brought by the creators of “This Is Spinal Tap” over profits from the 1984 cult film. … Continue reading "Studios Can’t Duck Suit Over ‘Spinal Tap’ Royalties"
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Creators of cult rock movie This is Spinal Tap score legal win in £308m battle over profits
SOURCE: Mail Online
Creators of cult rock movie This is Spinal Tap score legal win in £308m battle over profitscloseActor Harry Shearer and three co-creators of the comedy claim they missed out on royalties due to ‘fuzzy’ accounting by studio Vivendi, and have defeated a bid to have their … Continue reading "Creators of cult rock movie This is Spinal Tap score legal win in £308m battle over profits"
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Judge turns up Spinal Tap lawsuit, clears band to sue merch companies for fraudclose
It’s been two years since Harry Shearer filed a $125 million lawsuit against entertainment groups Vivendi and StudioCanal, saying he’s received only $81 in merchandising income from Spinal Tap’s enduring array of albums, … Continue reading "Judge turns up Spinal Tap lawsuit, clears band to sue merch companies for fraud"
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‘Spinal Tap’ Creators Will Get Their Day In Court —With $400 Million In Fraud Claims
SOURCE: Digital Music News
‘Spinal Tap’ Creators Will Get Their Day In Court —With $400 Million In Fraud ClaimscloseThe creators of This Is Spinal Tap say they’ve been stiffed for decades, with Universal Music Group among those blamed. Now, a judge has given the okay for the case to proceed … Continue reading "‘Spinal Tap’ Creators Will Get Their Day In Court —With $400 Million In Fraud Claims"
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‘Spinal Tap’ co-creators get OK to pursue $400M fraud case against Vivendiclose
The creators of the 1984 comedy film “This Is Spinal Tap” earned a major victory in a California court on Tuesday, after a federal judge allowed Harry Shearer, Rob Reiner, … Continue reading "‘Spinal Tap’ co-creators get OK to pursue $400M fraud case against Vivendi"
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‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuit
SOURCE: Reuters via CNBC
‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuitclose(Reuters) – A U.S. judge said the creators of “This Is Spinal Tap” may pursue the fraud claim underlying their $400 million lawsuit against Vivendi SA over the 1984 cult … Continue reading "‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuit"
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‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuit
SOURCE: Reuters via This is Money
‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuitclose(Reuters) – A U.S. judge said the creators of “This Is Spinal Tap” may pursue the fraud claim underlying their $400 million lawsuit against Vivendi SA over the 1984 cult … Continue reading "‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuit"
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‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuit
SOURCE: Reuters via The New York Times
‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuitclose(Reuters) – A U.S. judge said the creators of “This Is Spinal Tap” may pursue the fraud claim underlying their $400 million lawsuit against Vivendi SA over the 1984 cult … Continue reading "‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuit"
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‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuitclose
(Reuters) – A U.S. judge said the creators of “This Is Spinal Tap” may pursue the fraud claim underlying their $400 million lawsuit against Vivendi SA over the 1984 cult … Continue reading "‘Spinal Tap’ creators may pursue fraud claim in $400 million U.S. lawsuit"
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Spinal Tap welcome latest ruling in Vivendi disputeclose
Harry Shearer has welcomed the latest development in the ongoing legal battle over the rights in and royalties generated by the ‘This Is Spinal Tap’ movie and soundtrack. A judge … Continue reading "Spinal Tap welcome latest ruling in Vivendi dispute"
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‘Spinal Tap’ Legal Battle May Go All the Way to 11close
The creators of “This is Spinal Tap” can pursue a lawsuit against Vivendi SA’s Studiocanal over allegations they weren’t paid their share of the profits from the 1984 cult classic about … Continue reading "‘Spinal Tap’ Legal Battle May Go All the Way to 11"
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Court OKs Spinal Tap Creators’ Fraud Claim in Lawsuitclose
A California judge has denied a motion to dismiss fraud claims brought as part of a lawsuit filed by the creators of Spinal Tap and the associated 1984 mockumentary “This … Continue reading "Court OKs Spinal Tap Creators’ Fraud Claim in Lawsuit"
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‘This Is Spinal Tap’ Creators Get Court’s OK To Pursue Fraud Claim In Lawsuit
SOURCE: Deadline Hollywood
‘This Is Spinal Tap’ Creators Get Court’s OK To Pursue Fraud Claim In LawsuitcloseA judge has denied the defendants’ motion to have a fraud claim dismissed from the lawsuit filed by the principals of the 1984 feature This Is Spinal Tap. Original filed nearly … Continue reading "‘This Is Spinal Tap’ Creators Get Court’s OK To Pursue Fraud Claim In Lawsuit"
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Judge Allows ‘Spinal Tap’ Creators to Move Forward on Fraud Claim
SOURCE: Hollywood Reporter
Judge Allows ‘Spinal Tap’ Creators to Move Forward on Fraud ClaimcloseA judge rules Vivendi’s alleged conduct goes above and beyond failure to comply with contractual obligations. This Is Spinal Tap co-creators Harry Shearer, Rob Reiner, Michael McKean and Christopher Guest on … Continue reading "Judge Allows ‘Spinal Tap’ Creators to Move Forward on Fraud Claim"
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Judge Allows ‘Spinal Tap’ Creators to Move Forward on Fraud Claimclose
A judge rules Vivendi’s alleged conduct goes above and beyond failure to comply with contractual obligations. This Is Spinal Tap co-creators Harry Shearer, Rob Reiner, Michael McKean and Christopher Guest on … Continue reading "Judge Allows ‘Spinal Tap’ Creators to Move Forward on Fraud Claim"
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Universal Gets Trim Of $400M ‘Spinal Tap’ Suitclose
Law360 (August 28, 2018, 11:06 PM EDT) — A California federal judge Tuesday dismissed fraud and breach of contract claims that “This Is Spinal Tap” actors had made against Universal … Continue reading "Universal Gets Trim Of $400M ‘Spinal Tap’ Suit"
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W&DW Congress support spinal tap litigation in seeking share in success of their creation
SOURCE: Writers & Directors Worldwide
W&DW Congress support spinal tap litigation in seeking share in success of their creationcloseThe following resolution was unanimously adopted at the Writers & Directors Worldwide Congress in Venice in November 2017: “Writers & Directors Worldwide salute the bold stand by the creators of the beloved … Continue reading "W&DW Congress support spinal tap litigation in seeking share in success of their creation"
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‘Spinal Tap’ Actors File Amended Complaint, Seek Ability to Reclaim Copyrightsclose
Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner, the four co-creators of the band at the center of the 1984 “mockumentary” film “This is Spinal Tap,” have filed amendments to their … Continue reading "‘Spinal Tap’ Actors File Amended Complaint, Seek Ability to Reclaim Copyrights"
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Spinal Tap creators amend their Vivendi litigation, add Universal Music as a defendantclose
The four creators of ‘This Is Spinal Tap’ have filed amendments to their ongoing litigation against Universal Music owner Vivendi. The new filings make new and more specific allegations against … Continue reading "Spinal Tap creators amend their Vivendi litigation, add Universal Music as a defendant"
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‘Spinal Tap’ Lawsuit Now Seeks Confirmation That Creators Reclaimed Rights Billboard
SOURCE: Billboard
‘Spinal Tap’ Lawsuit Now Seeks Confirmation That Creators Reclaimed Rights BillboardcloseSpinal Tap co-creators Harry Shearer, Rob Reiner, Michael McKean and Christopher Guest have now filed an amended complaint in their $400 million lawsuit against Vivendi. A few weeks ago, U.S. District Judge Dolly … Continue reading "‘Spinal Tap’ Lawsuit Now Seeks Confirmation That Creators Reclaimed Rights Billboard"
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‘Spinal Tap’ Lawsuit Now Seeks Confirmation That Creators Reclaimed Rights
SOURCE: THE HOLLYWOOD REPORTER
‘Spinal Tap’ Lawsuit Now Seeks Confirmation That Creators Reclaimed RightscloseSpinal Tap co-creators Harry Shearer, Rob Reiner, Michael McKean and Christopher Guest have now filed an amended complaint in their $400 million lawsuit against Vivendi. A few weeks ago, U.S. District Judge Dolly … Continue reading "‘Spinal Tap’ Lawsuit Now Seeks Confirmation That Creators Reclaimed Rights"
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‘Spinal Tap’ Actors Add Universal To $400M Royalties Suitclose
Law360, San Francisco (October 19, 2017, 4:58 PM EDT) — Four film stars on Thursday beefed up allegations in their $400 million suit against French media giant Vivendi SA over … Continue reading "‘Spinal Tap’ Actors Add Universal To $400M Royalties Suit"
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Spinal Tap vs. Hollywoodclose
For years, Harry Shearer, one of the creators of the comedy classic This Is Spinal Tap, received royalty checks for the movie that could barely cover a day’s supply of … Continue reading "Spinal Tap vs. Hollywood"
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This Lawsuit Goes to 11close
The creators of This is Spinal Tap, the most influential mockumentary ever made, have been paid almost nothing. The rock gods are angry. In comedy, as in rock ’n’ roll, … Continue reading "This Lawsuit Goes to 11"
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Harry Shearer: Why My ‘Spinal Tap’ Lawsuit Affects All Creatorsclose
“We are motivated by a desire to highlight the longstanding and improper accounting practices in the music and film industries,” actor writes A little over three decades ago, This Is … Continue reading "Harry Shearer: Why My ‘Spinal Tap’ Lawsuit Affects All Creators"
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‘Spinal Tap’ Actors Blast Studio’s ‘Threat’ In Royalty Rowclose
By Melissa Daniels Law360, Los Angeles (March 30, 2017, 6:48 PM EDT) — The co-creators of “This Is Spinal Tap” on Wednesday defended their right to bring a $400 million … Continue reading "‘Spinal Tap’ Actors Blast Studio’s ‘Threat’ In Royalty Row"
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‘Spinal Tap’ creators fire back at current owners in courtclose
The creators of “Spinal Tap” have turned the legal volume up to 11 in an effort to advance their $400 million suit against the movie’s current owner. In pleadings filed … Continue reading "‘Spinal Tap’ creators fire back at current owners in court"
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Spinal Tap creators hit out at Vivendi’s “distracting and obfuscatory conduct”
SOURCE: Complete Music Update
Spinal Tap creators hit out at Vivendi’s “distracting and obfuscatory conduct”closeThe creators of ‘This Is Spinal Tap’ have responded to Vivendi’s response to their $400 million lawsuit, mainly focusing on the termination right element of the case. Harry Shearer, Christopher … Continue reading "Spinal Tap creators hit out at Vivendi’s “distracting and obfuscatory conduct”"
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Spinal Tap creators respond to ‘grossly inappropriate” claim their lawsuit should be thrown out
SOURCE: Music Week
Spinal Tap creators respond to ‘grossly inappropriate” claim their lawsuit should be thrown outcloseThis Is Spinal Tap co-creators Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner have responded to Vivendi’s claim that their lawsuit should be thrown out, describing the French company’s … Continue reading "Spinal Tap creators respond to ‘grossly inappropriate” claim their lawsuit should be thrown out"
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‘Spinal Tap’ Stars Blasted for ‘Absurdly’ Filed $400 Million Lawsuitclose
The 1984 film “This Is Spinal Tap” might be a beloved cult classic, but it was far from a blockbuster. At least that’s the assertion in a new filing relating … Continue reading "‘Spinal Tap’ Stars Blasted for ‘Absurdly’ Filed $400 Million Lawsuit"
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‘Spinal Tap’ Defendants File Motion To Dismiss Lawsuitclose
French media giant Vivendi SA blasted back Tuesday at a lawsuit claiming it underpaid royalties for the cult classic “This Is Spinal Tap,” calling the suit’s demand of $400 million … Continue reading "‘Spinal Tap’ Defendants File Motion To Dismiss Lawsuit"
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Vivendi Calls $400M ‘Spinal Tap’ Royalties Claim ‘Absurd’close
French media giant Vivendi SA blasted back Tuesday at a lawsuit claiming it underpaid royalties for the cult classic “This Is Spinal Tap,” calling the suit’s demand of $400 million … Continue reading "Vivendi Calls $400M ‘Spinal Tap’ Royalties Claim ‘Absurd’"
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Vivendi Demands Spinal Tap Members Be Ousted From Lawsuit “Absurdly” Claiming $400M in Damages
SOURCE: The Hollywood Reporter
Vivendi Demands Spinal Tap Members Be Ousted From Lawsuit “Absurdly” Claiming $400M in DamagescloseForget an 11. This one is now up to at least 18. Earlier this month, This Is Spinal Tap co-creators Christopher Guest and Michael McKean, along with the 1984 film’s … Continue reading "Vivendi Demands Spinal Tap Members Be Ousted From Lawsuit “Absurdly” Claiming $400M in Damages"
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Media company bosses seek dismissal of $400 million Spinal Tap lawsuitclose
In October (16) Harry Shearer, who played bassist Derek Smalls in the beloved 1984 spoof rockumentary This Is Spinal Tap filed a lawsuit alleging Vivendi bosses had cheated him and … Continue reading "Media company bosses seek dismissal of $400 million Spinal Tap lawsuit"
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Vivendi seeks dismissal of Spinal Tap’s $400 million lawsuitclose
Last year, Harry Shearer filed a lawsuit against Vivendi Universal about This is Spinal Tap, a classic 1984 film that started the mockumentary genre that’s continued on to this day. … Continue reading "Vivendi seeks dismissal of Spinal Tap’s $400 million lawsuit"
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Vivendi says $400 million Spinal Tap legal claim “absurd”close
Universal Music owner Vivendi would like everyone to know that it has “genuine admiration for the talents of Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner”. But all things … Continue reading "Vivendi says $400 million Spinal Tap legal claim “absurd”"
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“Spinal Tap” Owners Demand Dismissal of $400 Million Lawsuitclose
Vivendi is cranking their lawsuit up to an 11. According to The Hollywood Reporter, the owner of “This Is Spinal Tap” has fought back against the $400 lawsuit filed by the cult … Continue reading "“Spinal Tap” Owners Demand Dismissal of $400 Million Lawsuit"
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‘Spinal Tap’ owners attempt to get creators’ $400M suit tossedclose
The foursome behind the “Spinal Tap” mockumentary — Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner — should have the volume of their $400 million suit against Vivendi turned down to … Continue reading "‘Spinal Tap’ owners attempt to get creators’ $400M suit tossed"
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VIVENDI MOVES TO DISMISS ‘TAP’ SUITclose
Vivendi S.A. and Studiocanal say they have “genuine admiration” for “This Is Spinal Tap” stars Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner, but their $400 million claim for damages … Continue reading "VIVENDI MOVES TO DISMISS ‘TAP’ SUIT"
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Le faux groupe de rock Spinal Tap porte plainte contre Vivendiclose
Le réalisateur Rob Reiner ainsi que les acteurs Christopher Guest, Harry Shearer et Michael McKean se réunissent pour réclamer 400 millions de dollars à la compagnie de Vincent Bolloré, qu’ils … Continue reading "Le faux groupe de rock Spinal Tap porte plainte contre Vivendi"
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Rob Reiner, Christopher Guest, and Michael McKean Join Harry Shearer’s $400 Million This Is Spinal Tap Lawsuit
SOURCE: Spin
Rob Reiner, Christopher Guest, and Michael McKean Join Harry Shearer’s $400 Million This Is Spinal Tap LawsuitcloseChristopher Guest, Rob Reiner, and Michael McKean have joined their This Is Spinal Tap co-star Harry Shearer’s lawsuit against against Vivendi SA over alleged fraudulent accounting related to the 1984 … Continue reading "Rob Reiner, Christopher Guest, and Michael McKean Join Harry Shearer’s $400 Million This Is Spinal Tap Lawsuit"
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Spinal Tap Crew Joins Harry Shearer’s $400 Million Lawsuit Against Vivendi
SOURCE: Rolling Stone
Spinal Tap Crew Joins Harry Shearer’s $400 Million Lawsuit Against VivendicloseThis Is Spinal Tap actors Christopher Guest and Michael McKean and the mockumentary’s director Rob Reiner have joined co-star Harry Shearer’s lawsuit against the film’s rights holder Vivendi. In October, … Continue reading "Spinal Tap Crew Joins Harry Shearer’s $400 Million Lawsuit Against Vivendi"
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Spinal Tap creators aim to ‘go to 11’ with $400m lawsuitclose
The band members from cult rock mockumentary This Is Spinal Tap have agreed to reunite in a bid they claim will ensure a $400m (£321m) lawsuit against media firm Vivendi “goes to … Continue reading "Spinal Tap creators aim to ‘go to 11’ with $400m lawsuit"
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Spinal Tap get the band back together for Vivendi lawsuitclose
A lawsuit alleging that Vivendi, the French media conglomerate, engaged in “anti-competitive behaviour” and “fraudulent accounting” in its management of the royalties generated by the movie This Is Spinal Tap has … Continue reading "Spinal Tap get the band back together for Vivendi lawsuit"
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Les co-créateurs du film “This is Spinal tap” rejoignent une plainte contre Vivendiclose
Les co-créateurs du film “This is Spinal tap” rejoignent une plainte contre Vivendi 8 February 2017 Trois co-créateurs du film culte “This is Spinal tap” se sont joints à une … Continue reading "Les co-créateurs du film “This is Spinal tap” rejoignent une plainte contre Vivendi"
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LES ECHOS (16 Dec 2016)close
LES ECHOS: LE CERCLE/POINT DE VUE 16 December 16 Il faut rétablir le droit pour les auteurs à une rémunération proportionnelle à l’utilisation de leurs oeuvres. On nous … Continue reading "LES ECHOS (16 Dec 2016)"
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Creators Rights: Harry Shearer, known as the voice of The Simpsons, Fights Vivendi in the US
SOURCE: Le Monde
Creators Rights: Harry Shearer, known as the voice of The Simpsons, Fights Vivendi in the USclose1st December 2016 Full article available here: http://www.lemonde.fr/economie/article/2016/12/01/droits-d-auteur-harry-shearer-connu-pour-etre-la-voix-des-simpsons-attaque-vivendi-aux-etats-unis_5041434_3234.html#lVKyK9T8oc0bKhx4.99 Translation: Creators Rights: Harry Shearer, known as the voice of The Simpsons, Fights Vivendi in the US By filing a complaint against … Continue reading "Creators Rights: Harry Shearer, known as the voice of The Simpsons, Fights Vivendi in the US"
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Spinal Tap star turns it up to 11 in fight for royaltiesclose
(22 October 2016) The artist’s law suit comes at a time of deepening suspicion of platform owners Philip Delves Broughton There can only be one winner in the case … Continue reading "Spinal Tap star turns it up to 11 in fight for royalties"
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Spinal Tap’s Harry Shearer claims he was shorted $125 millionclose
Spinal Tap has reunited — this time in a Los Angeles court to challenge the French studio Vivendi S.A. for millions in profits from the classic mockumentary “This Is Spinal … Continue reading "Spinal Tap’s Harry Shearer claims he was shorted $125 million"
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Spinal Tap’s bass player sues former French sewerclose
(18 Oct 2016) Actor, writer and director Harry Shearer, who played Derek Smalls in the band Spinal Tap, is suing the owners of the movie This Is Spinal Tap over … Continue reading "Spinal Tap’s bass player sues former French sewer"
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Harry Shearer sues Vivendi over Spinal Tap profitsclose
(18 Oct 2016) Harry Shearer is taking legal action against entertainment group Vivendi, claiming it has denied him and others profits from 1984’s This is Spinal Tap. Read the full … Continue reading "Harry Shearer sues Vivendi over Spinal Tap profits"
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Harry Shearer Files $125 Million ‘Spinal Tap’ Fraud Suit, Copyright Termination
SOURCE: Hollywood Reporter
Harry Shearer Files $125 Million ‘Spinal Tap’ Fraud Suit, Copyright Terminationclose(18 Oct 2016) Harry Shearer has launched a $125 million fraud and contract-breach lawsuit against Vivendi and StudioCanal over the 1984 rockumentary classic This Is Spinal Tap. Read the full … Continue reading "Harry Shearer Files $125 Million ‘Spinal Tap’ Fraud Suit, Copyright Termination"
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UNIVERSAL CAUGHT UP IN $125M LAWSUIT AS SPINAL TAP STAR ACCUSES VIVENDI OF FRAUD
SOURCE: Music Business Worldwide
UNIVERSAL CAUGHT UP IN $125M LAWSUIT AS SPINAL TAP STAR ACCUSES VIVENDI OF FRAUDclose(18 Oct 2016) This Is Spinal Tap star Harry Shearer is suing Universal parent Vivendi for what he alleges is dramatic and deliberate under-payment of music royalties. Read the full … Continue reading "UNIVERSAL CAUGHT UP IN $125M LAWSUIT AS SPINAL TAP STAR ACCUSES VIVENDI OF FRAUD"
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Actor Harry Shearer Sues Over ‘Spinal Tap’ Royaltiesclose
(18 Oct 2016) Comedian and actor Harry Shearer said in a lawsuit filed Monday that he’s been bilked for years out of profits generated by “This Is Spinal Tap,” Read … Continue reading "Actor Harry Shearer Sues Over ‘Spinal Tap’ Royalties"
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This is the £100m Spinal Tap lawsuitclose
(19 Oct 2016) In the celebrated 1984 mockumentary This Is Spinal Tap, members of a fictional rock band toured the world under the tutelage of a hapless manager. Read the … Continue reading "This is the £100m Spinal Tap lawsuit"
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Spinal Tap bassist sues Vivendi for $125mclose
(18 Oct 2016) Harry Shearer, who played bass guitarist Derek Smalls in the 1984 “rockumentary”This is Spinal Tap, has gone “to 11” with a $125m lawsuit against Vivendi. Read the … Continue reading "Spinal Tap bassist sues Vivendi for $125m"
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Le co-auteur de This is the Spinal Tap, Harry Shearer, voix des “Simpsons”, poursuit Vivendi en justice (et réclame 125$m) pour non-respect des droits d’auteur
SOURCE: Fairness Rocks
Le co-auteur de This is the Spinal Tap, Harry Shearer, voix des “Simpsons”, poursuit Vivendi en justice (et réclame 125$m) pour non-respect des droits d’auteurcloseParis, le 18 octobre 2016 – Harry Shearer, l’artiste, acteur, compositeur, producteur, réalisateur et scénariste américain à la notoriété mondiale notamment pour avoir été la voix de 23 personnages de … Continue reading "Le co-auteur de This is the Spinal Tap, Harry Shearer, voix des “Simpsons”, poursuit Vivendi en justice (et réclame 125$m) pour non-respect des droits d’auteur"