================================================ Subject: Re: [ Creed Discuss ] Brian Marshall sues Creed From: "Lee Reed" To: Date: Sun 29 Sep 2002 00:17:49 -0400 ================================================ veddy interestink...guess this blows away any hopes of a reunion with bri, huh? i guess that since things with his new band fell thru, brian needed some cash...i think it's a shame that it came to this...from all accounts, bri is a pretty decent guy, i'm sorry he felt he had to go this route...had the breakup been over artistic differences, i could understand it... Lee >From: BubblesR69@aol.com >Reply-To: The New Improved Less Lame List >To: creed-discuss@debbir.com >Subject: [ Creed Discuss ] Brian Marshall sues Creed >Date: Thu, 26 Sep 2002 22:03:18 EDT > >Brian Marshall sues Creed >From the Orlando Buisness Journal 9/26/02... > >ORLANDO-A founding member of the rock band Creed is close to settling an >Orlando federal lawsuit with other members of the group, say lawyers for >both >sides. > >"We are hopeful that we have it resolved," says Jim Talley, the Orlando >attorney representing Brian Marshall, the former bass player for the group. > >Dubbed "America's biggest rock band" by Rolling Stone, Creed has not >strayed >far from its Central Florida roots. > >It formed in Tallahassee in 1995. The lead singer was Lake Highland >Preparatory School graduate Brian Stapp, joined by guitarist Mark Tremonti, >drummer Scott Phillips and Marshall. Today, the band members reside in >Orlando. The rock group quickly caught on, becoming the first group ever to >have four songs from a debut album reach No. 1 on the Rock Radio singles. >Creed received Rock Artist of the Year at Billboard's 1998 Music Awards. >And >even though the band has released only three albums, it already has sold 20 >million copies. Marshall was the bass player for Creed's very first album, >My >Own Prison, released in 1997, as well as the band's second album, Human >Clay, >released in 1999. > >The success spawned a host of related enterprises. > >Creed formed Blue Collar, the band's independent record label and owner of >the band's intellectual property rights; Creed Touring Inc. for public >performances; Creed Merchandising; Creed Recording and Creed Wear Inc. > >Exclusive decisions > >But in June 1998, Stapp began creating companies that gave him-not the >entire >band-other streams of income, according to the suit. For example, Stapp and >Tremonti created Tremonti/Stapp Music Inc., making the two band members >sole >beneficiaries from music publishing royalties from Creed's music. > >A deal with Wind-Up Entertainment Inc. gave Stapp, Tremonti and their newly >formed company additional financial advances and royalties. > >The following year, Stapp and Tremonti created Scream Line Merchandise Inc. >to operate and manage the sale of Creed merchandise. > >Stapp then formed contracts between Scream Line and Creed's other >companies, >giving Scream Line exclusive contracts "with profits from Scream Line being >realized only by Stapp," the lawsuit says. > >Other divisions were taking place in the band. In summer of 2000, Marshall >criticized Pearl Jam during a radio interview, according to Rolling Stone. >Soon after, Stapp publicly assaulted Marshall on the band's Web site. >Marshall left the group about six weeks later. At the time, the band's >management wouldn't confirm whether Marshall's departure was due to the >radio >interview, saying only that it was a friendly breakup. > >All settled > >Only a few months earlier, band members had at least considered how >royalties >would be allocated should the band break up or lose a member Minutes of a >special meeting in Atlanta show that if any member left the band, he would >continue to receive royalties from recording agreements as of the date of >departure. > >However, he would not be entitled to any payments as a shareholder or >director of the band's affiliated corporations, such as money from >merchandise royalties. > >However, Marshall challenged those agreements with a legal volley. > >He first notified the band members he had chosen to sell his interest in >the >Creed businesses back to the band. The band members declined the offer. > >His subsequent lawsuit contends that Stapp did not comply with the >requirements of Florida law before forming Tremonti/Stapp; that the Wind-Up >recording agreement wasn't "properly assigned" to Creed's other companies; >and that he was an author and song writer of certain songs registered by >the >U.S. Copyright office to Stapp, Tremonti and Tremonti/Stapp Music Inc. > >Marshall asks the court to value his interests in the businesses and ensure >that he receives royalty interest in all existing recording contracts >involving Creed that include Marshall's performances and efforts >contributed >while he was a part of the band. > >The defendants never formally responded to the complaint. Now, it appears >that the matter will be settled privately. All that's left are the >formalities, attorneys for both sides say. > >"We haven't been able to complete the settlement documents yet," says >Talley. > > >Adds Michael McMahon, an attorney who is representing some of the >defendants, >"We believe the matter is resolved." > > > > > >To unsubscribe or change your preferences for the Creed-Discuss list, >visit: >http://www.debbir.com/lists/Creed-discuss.htm >To submit your profile, visit: >http://www.creedlisters.com/profile/submit.asp >To view List member Profiles, visit: >http://www.creedlisters.com _________________________________________________________________ Send and receive Hotmail on your mobile device: http://mobile.msn.com To unsubscribe or change your preferences for the Creed-Discuss list, visit: http://www.debbir.com/lists/Creed-discuss.htm To submit your profile, visit: http://www.creedlisters.com/profile/submit.asp To view List member Profiles, visit: http://www.creedlisters.com