Brian Marshall Sues Creed

[Steve]

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."

[Creedture]

I got big into Creed right after Marshall left...and everything I have heard from him hasn't been that great. No offense to Marshall lovers...but he seems like a punk, in all honesty. Hestla is much better for the group and I cant believe he's filing a lawsuit...its not like hes doing bad for money. I highly doubt headlines read.."Former bass player for Americas biggest rock group, now bookeeper at a 9 to 5!"


Nic

[luvscott4ever]

Originally posted by Creedture
<b> I highly doubt headlines read.."Former bass player for Americas biggest rock group, now bookeeper at a 9 to 5!"


Nic </b>

:lol:
That's pretty funny...I know, I like Brett Hesla too...I think you're the one who mentioned his hair?? Yep, that was pretty funny too!! But we can't all have great hair (like Scott) someone once said on this board, that they were at a show, and could see black sweat running down Brett..had to laugh at that too!! it almost has to be died, to have that dark of hair.

[Unforgiven Fan]

brian marshall was a great bassist but we all have come to like bret for the way he is...

[Weathered]

brett is so awesome

[TeriB19]

I agree. He brings a lot to the band. (aside from black hair dye).;)

[Jesse]

Brian should have never left... Too bad he has the attitude that he does. Notice the bass on MOP and HC is really good and then on Weathered it sucks... Brian is no doubt better than Mark and probably Brett too. I just hope Mark doesn't play bass on the next album.:P

[Dogstar]

LOL, yes, Jesse, you are right about the bass playing. It is too bad things got ugly.
Welcome to the board, by the way. It's a fun. Some cool people and lots of Creed freaks. We're everywhere.

[Redeemer]

Scott, Scott, Scott. What a doggone shame. Did he really do all that? I mean, Tremonti/Stapp Music, Screamline, all the profits from those companies are only going to him?!
That's a new one.
Tell me that's not true.

[Jesse]

It very well could be... I honestly didn't know that him and Mark started Blue Collar Records or Screamline... I just thought there was some sort of connection with the band.:P

[Mulletman]

Originally posted by Jesse
Brian should have never left... Too bad he has the attitude that he does. Notice the bass on MOP and HC is really good and then on Weathered it sucks... Brian is no doubt better than Mark and probably Brett too. I just hope Mark doesn't play bass on the next album.:P

i strongly agree with that. but i have come too like brett, he has grown on me.

[luvscott4ever]

Originally posted by Dogstar
Some cool people and lots of Creed freaks. We're everywhere.

I would be one of those CreedFreaks, or you could call me CreedHead!!!! :crest:

[TeriB19]

Originally posted by Mulletman
i strongly agree with that. but i have come too like brett, he has grown on me. Me too. Still not the best looking of the band, but he is very good.

[Mulletman]

he had a sweet solo at the houston show last friday

[jrsman12]

Brian was an amazing bassist, but what a jerk to sue them, its not their fault he couldn't get along w/ them and decided to leave.
And there are a lot of mistakes in that article, I question the professionalism of the newspaper (Brian Stapp, I mean, really-And Creed's been with windup since the My Own Prison days)

Cya L8a,
Justin


"THe more you hold us down, the mroe we press on"
-What If
________
Mercedes-Benz T80 history (http://www.mercedes-wiki.com/wiki/Mercedes-Benz_T80)

[Read JDM]

I can't remember which old timer it was, but I remember my dad was telling me years and years ago about someone -- and I'm pretty sure it was Frankie Valli -- who kept all his bandmates happy by signing a contract at the beginning of their careers wherein everyone was entitled to a certain percentage of each other's musical earnings for the rest of their lives. Supposedly, it worked, because those guys stayed friends and kept performing forever. I'm not 100% sure on the details of this, I'll try and find out, but the point is that arrangements like this should be made more often. Brian Marshall is hardly the first guy to bring his ex-bandmates to court, after all. Take Dave Mustane, for example. You want to talk about a grudge? This guy is so pissed he got kicked out Metallica that it still preempts most everything he does; it was even the dominant theme of the Megadeth special on Behind the Music, for crying out loud. It's like: Man, you've got your own special now, let it go... let it go...

[TeriB19]

It was the same thing with Pink Floyd, wasn't it? The remaining band members wanted to keep on touring as Pink Floyd but Roger Waters owned the rights to all the songs and refused to allow them to be sung by them after leaving the band.

And two, remember that Stapp/Tremonti and Screamline profits go to both Scott and Mark. I'm sure there was some kind of agreement there that Flip knew about but chose not to be a part of. I can't imagine everything with the additional companies going on behind Flip's back. And did these corporations come about after Brian left the band? Damn, sour grapes just suck.

[Dogstar]

Zactly. I can't believe the other two didn' t have a clue beforehand.

[TeriB19]

Really, doesn't anyone else here (besides us) believe that Flip would be pissed too if he had no idea this was happening right under his nose?

[Dogstar]

Exactly. Sour grapes and greed is a bad combination.

[Lady Valkyrie]

I have a need for greed in the Creed brotherhood.

That was so lame... but that is what kept going through my head as I read this thread.

*shakes head* The whole thing is sad to me. very sad.

[Pittock]

I feel that if he wanted to reap the rewards of Creed's hard work he should have stayed. He's been gone long enough that its like he's trying to get something ($$$) for doing nothing the past few years.

[TeriB19]

Absolutely right. Why didn't he sue right after leaving the band? Now that their 3rd album is out and they are on their 2nd tour without him he's crying the blues. There should be a statute of limitations on suing for greed.

[luvscott4ever]

Originally posted by TeriB19
There should be a statute of limitations on suing for greed.

No Sh**, my friend!!!

[Rolo1446]

One must admit however...

Mark Tremonti as lead and Brian Marshal at bass =
AWESOME music.

Brian Marshal, I believe, knew EXACTLY the right type of rhythm to accentuate Mark's riffs.

Its magic, I think, really, that is now lost to the wastes of time...

*sigh*

What if Brian did stay and helped make Weathered? Man.

That woulda been a good record.

Not to say Weathered is bad..but it is NOT anywhere near My Own Prison or Human Clay...ah well..

I think they should reunite. Sure, Brett is good and all, but I mean...he isn't a Brian Marshall.

[Steve]

Remember - Brett didn't play bass on the record. He only plays with the band live in concert. Mark played the bass lines for the record.

[Read JDM]

What I'd like to know is, suppose they invite Brett into the band as a permanent member, what do you all think his contribution will be like? I think Weathered is better than Human Clay, but there's little denying that it's missing a full-time bassist's touch. I think Brett might bring that. Might. Personally, if they're not going to bring Brian Marshall back, I'd be fine with them finding out just what Brett has to offer in the studio.

[Rolo1446]

Oh, I know Brett Hestla is nothing more than the touring bassist. The mere idea of him actually contributing to Creed’s future music creatively is abhorrent...blasphemous even! I’d hate to see him tamper with Mark’s music. Hmph. Although, to be perfectly honest, I did like his work with the Virgos in “The Path of Least Resistance”.

Actually, I’m curious...did Mark write bass for Brother of Mine? I’d imagine Brett did the bass lines...but if anyone knows....do tell, do tell!...

Man, I love that song...Brother of Mine is great. Hm.

Anyway, back to the point:

TREMONTI Vs. MARSHALL -- BASS

As two pieces of puzzle are different, when combined, they fit together perfectly, accentuating and accommodating each others particular curves and contours, amalgamating to form a the grand scheme of things -- the way Mark and Brian seem to almost fit each other perfectly in the music they made is almost unbelievable. Let me give a brief synopsis:

Throughout the course of the album My Own Prison, Brian’s powerful, erratically paced, musically sound bass lines completely take Mark’s riffs to a whole new level.

Torn (throughout the entire song, Brian’s lines truly do a fantastic job of keeping the music in a nice tidy package, it sounds great from beginning to end, lots of influence)

Ode (From beginning to end, very strong bass lines, stand out really well, totally ROCK!...ahem...and maintain cohesion in the background...just great stuff)

MOP (Solid work)

Pity for a Dime (Again, solid)

In American (Solid? You bet)

Illusion (Perhaps some of the Mark/Brian combo at its best. I loved the beginning, or rather, opening bass line, and it just stayed flawless to the end...at no point does the music sound even the least bit flawed...almost TOO perfectly matched if you ask me,especially during the solo Marshall truly showcases his ability and in-your-face lines in this song AND the next....)

Unforgiven (Easily my favorite song on the album, and the most influenced by Brian as far the base line goes...this song is LADEN with base line goodness, he also shows his playing ability as a musician keeping up with Mark, and the extra crunch is just great....particularly impressive lines at the 3:02 “no more raging innocence” verse all the way to the end of the gold/god/fire/purity line)

What’s This Life For (Again, solid, a bit more subtle than the other tracks)

One (Solid yet again)

As you can see, Brian does a great job of showing his innovation and adding on to Mark’s general vibe/aura of the music to each song.

Now, on to Human Clay. You’ll notice that Brian’s bass lines are not nearly as loud, or rather, as “showy” in the second album. However more subtle, they are still strong, pumping up Mark’s riffs and maintaining quite an excellent rhythm throughout.

Are You Ready (Fantastic base work)

What If (I personally loved Brian’s solo in the Interlude, solid throughout, and if you notice, he stays on pretty well, following along Mark’s D-A 3h5 hammer ons in the song, giving What If that sharp, post industrial grungy feel I totally love.)

Beautiful (Great, albeit a bit more subtle than most of the “sharp” power songs on the album)

Say I (Ooo man....awesome...just...awesome...)

Wrong Way (Allow me to drool. *DROOL* ... Wrong Way just sounds plain good...the total dismal, clashing, slowly boiling yet undeniable power of the song...the way the base line engulfs the music...oh man...even all the way up to the bridge...powerful, truly, I think, Brian’s finest work on this album, in my humble opinion...but maybe I say this because this is my second favorite Creed song...)

Faceless Man - Never Die - Higher (All great)

Wash Away Those Years ( You can hear a bit more of Brian’s notes in this one, great stuff )

Inside Us All ( Pfft. No comment. )

As you can see, Human Clay offered more subtle, yet still very powerful and very evident base lines. Even in other songs like, “Is This The End?”, “Young Grow Old”, “Bound & Tied”, and “To Whom It May Concern”, Brian does a fantastic job of constantly staying in beat, and giving a great feel to each song, adding his own blend of crunchy base line goodness.

Weathered. Hm. Lets recall the puzzle analogy. Remember how Brian and Mark are different puzzle pieces? But they come together and fit well? And they make a good picture. Essentially, Mark tried to compensate creatively for the loss of Brian Marshall by adding his own ability to the music. However, what he did was...well...make a copy of himself as a puzzle piece, and he tried to fit the same shaped puzzle pieces together. Well, this just turned out odd. You can see the difference in bass lines between MoP and HC drop drastically in quality. Mark may be a genius with a guitar, brilliant even, and I KNOW HE WILL BE KNOWN AS ONE OF THE GREATEST GUITARISTS OF ALL TIME...and he may very well be legendary...but he just CAN’T use his own musical tastes/background/playing ability to accentuate his own music. It simply does not work. The key to a good bassist/guitarist combo is DIVERSITY that help bring out the strengths and the key points of the music.

Sadly, Mark, I think, falls short of Brian Marshall quality bass lines. It just doesn’t feel right.

But, again, this is ALL in my humblest of opinions. I’m just making CONVERSATION. Please, feel free to comment and add on...disagree/agree...and tell why. I’d like to hear if I’m making any sense.

[Aimee]

I completely agree with you about Brian. I miss him tremendously. I was just having a conversation about this last night. Some bass players play along with the lead guitar, accentuating it and not really adding anything new. Brian was the other type of player that was more than "just a bass player". Brett is fun, cute, and all of that good stuff and he does a good job playing bass along with the music like he's supposed to. I'm sure that he could be creative if they let him write, but let's remember that Brett is a lead guitarist/singer by trade.
FYI- Mark wasn't the only one who wrote the new bass lines.