Adam Lambert Will Fight Music Lawsuit
LOS ANGELES (LALATE EXCLUSIVE) – Adam will fight the Colwel Platinum lawsuit; Lambert is not settling the lawsuit and wants to take it to a jury trial, LALATE can reveal in a world exclusive today. Adam Lambert, represented by Kevin Marks of Gang, Tyre, Ramer had until yesterday to file an answer to the lawsuit. Earlier this month, both Adam and the plaintiff’s attorneys had agreed for a delay. At the time, the parties claimed they were actively trying to settle the lawsuit. The settlement didn’t happen, LALATE can report. Moreover, Adam Lambert in his answer explains his side of the controversy.
The lawsuit concerns a series of songs that Adam performed between September 2007 and June 2008. Lambert now admits he performed 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.” But Lambert now disputes the nature of the recordings. Adam claims that the recordings were made for “demo” purposes only, and that in no way did Adam ever intend his alleged demos to made into an album or sold commercially.
Adam also asserts that the agreement by which the songs were recorded is flawed. But the core of Adam’s arguments concern whether or not her agreed that the recordings could be sold commercially thereafter.
Adam responds “9. … Defendant admits he executed the Music Services Agreement, but states that the Music Services Agreement was subsequently amended, and further states that Defendant effectively and justifiably rescinded the Music Services Agreement based on a failure of consideration.”
But Lambert claims that the songs were only demos and that he never intended them to be released commercially (aka on Amazon.com as an album). “Although Defendant made some recordings for demo purpose, Defendant denies he intended to perform composition for release to the public.”
Adam is not disputing that he recorded the tracks. Rather, he asserts that it was agreed upon that the songs were for the ” limited purpose of making demo recording (to showcase compositions written or co-written by Defendant to the music industry and to potential employers)”. He says in no way were the songs to be sold to the general public. He admits his “attorneys communicated with Amaazon.com … but denies the characterization of the communication contained in said paragraph”.
At issue is the “right to exploit the Recording and underlying compositions, the parties’ rights under the Music Services Agreement and Co-Publishing Agreement” and plaintiff’s desire to sell the songs to the public. Adam also asserts the case doesn’t belong in federal court, denying “that the Copyright Act jurisdiction applies and denies that the amount in controversy is sufficient to invoke the jurisdiction of hits Honorable Court.”
In response to the case, Lambert raises defenses of failure to state a claim, failure to timely register copyright, unclean hands, consent, rescission (failure of consideration and fraud), and others. Lambert is seeking an award of his costs, disbursements, and attorney’s fees. No trial date has been set. The case is Colwel Platinum Entertainment Inc v. Adam Lambert, case number CV11-9062-PA (MANx); the case is in the US District Court Central District of California before Judge Percy Anderson.
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