Adam Lambert Lawsuit Getting Settled: WORLD EXCLUSIVE
LOS ANGELES (LALATE EXCLUSIVE) – Adam Lambert and Colwel Platinum Entertainment are settling their lawsuit concerning the album “Beg For Mercy”, LALATE can exclusively report. The Adam Lambert proposed settlement is revealed in court documents lodged this week. The settlement is anticipated to be executed by the end of the month.
In November, LALATE exclusively reported that the Court in Colwel Platinum Entertainment Inc v. Adam Lambert had ordered Lambert’s answer to the Colwel complaint due January 3, 2012. The date passed with no answer filed by Lambert.
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That same day, Joseph Golden, attorney for Cowel filed a First Stipulation extending Lambert’s time to reason to the complaint. The stipulation detailed that the parties had agreed Lambert would respond to the complaint by January 17, 2012. In the four page stipulation also signed by Kevin Marks (Gang, Tyre), attorney for Lambert, details of the settlement negotiations are revealed.
“The parties’ transactional counsel have negotiated and agreed upon the material terms of a settlement of this action of all the claims asserted herein.” The negotiations began swiftly after the complaint was filed. “The negotiation and agreed upon material terms of that settlement are reflected in a series of emails between said counsel between November 15 and December 21, 2011.”
The parties have already drafted a settlement agreement that is currently undergoing revisions. “Defendant’s counsel have begun preparing a settlement agreement and have committed to send a draft of that document to plaintiff’s counsel by January 3, 2012″.
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The settlement is anticipated by January 14, 2012. “The parties’ counsel believe they will be able to complete the settlement agreement and have it executed by the parties by January 14, 2012″.
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The 2011 lawsuit stemmed from a February 12, 2008 agreement between Lambert and Welsford Music Productions, et al. At issue were “recording sessions [which] occurred before Lambert auditioned for American Idol and eight months before he was declared the runner up.” The suit claimed that “Lambert was the only singer on the recording made during those sessions. He was accompanied by musicians engaged by Welsford Music Productions.”
Following that agreement, Lambert allegedly performed between September 2007 and June 2008 on the songs “Beg for Mercy, Rough Trade, Crawl Thru Fire, Want, Kiss and Tell, Just The Way It is, Turning On, Runaway, Pop Goes the Camera (15 Minutes of Fame), Sacrifice, The Circle, Mp3s Killed the Record Companies, and I Got This. “
At issue, however, was Welsford’s attempt to distribute the recordings in an October 2011 album entitled Beg For Mercy. The album went into presale in October last year on Amazon.com. That presale was the subject of the dispute between the parties.
The album was to be “available for purchase on Amazon as of October 18, 2011. Amazon.com began taking pre-orders for the Album on or about October 10, 2011. In or about mid October 2011, Lambert, through his authorized agent … sent Amazon.com a takedown notice dated October 11, 2011″ claimed the complaint.
As a result of that takedown notice, pre-orders received by Amazon.com were allegedly not able to be shipped. Customers were allegedly refunded their money, the complaint assets.
The suit had sought an award of damages, a judicial determination that the plaintiff owns all of the rights in the recordings, that plaintiff has the right to promote and sell the recordings, and that the 2008 pre-American Idol agreement remains valid.
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