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]

Quote:

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]

Quote:

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]

Quote:

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!!!!

[TeriB19]

Quote:

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


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