Lawsuit From Brain Marshall!

[CollectiveSoul]

From the Orlando Buisness Journal...

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."

[TeriB19]

Quote:

Originally posted by CollectiveSoul
The lead singer was Lake Highland Preparatory School graduate Brian Stapp, joined by guitarist Mark Tremonti, drummer Scott Phillips and Marshall.  

First of all, who is Brian Stapp? Secondly, sounds like Brian Marshall is a little bitter about the success of the band in which he no longer plays. Apparently his band must not be doing as well, and he is short on cash.

[Dogstar]

Brian Stapp....
Yeah, I think if you can't get the name right, your credibility becomes suspect. I'm not sure how much of it I believe. If it's true, it does sound a bit like sour grapes, especially if these arrangements were done while he was still in the band.

[GoodGodGirl23]

Brian Stapp? Who da hell is a Brian Stapp? Is he in the Train line Teri? Huh? Huh?:P

[Mulletman]

sucks when things have to come down to this...

[Dogstar]

Yes, money or the lack of it can ruin people.

[Aimee]

At the risk of sounding anti-capitalistic, I don't think this lawsuit has anything to do with money. Bitterness may play a role, but if that's true, then the break-up may not have been as "amicable" as Stapp says it was. ?

[Dogstar]

I would think it's a combination of both. I doubt the breakup was amicable. The timing was too close to all that stuff Marshall said about Eddie Vedder and Pearl Jam. I think Scott is very image-conscious and that may have played a part in Marshall's departure.

[hayley]

yeah, i agree with that, Dogstar...unfortunatly..oh well.

[CollectiveSoul]

i think that Brain Stapp is a typo

[TeriB19]

Yes, I think it was a typo. And yes, I do think Stapp is very image-concsious about the band and wanted everyone to think things were smooth. But I am certain bitterness played a BIG role in this. And perhaps jealousy.

[Dogstar]

Definitely. I'm sure he feels cheated, and what better way than to make a splash in the media to shed some negative light on Scott. I do also think he wants the money.

[TeriB19]

Negativity is what got him into trouble with the band in the first place. Doesn't he know it will only bring him down?

[Dogstar]

Exactly. If he hadn't been spewing stuff about Eddie V, he'd probably have lasted a lot longer. Sounds as if he and Scott just weren't on the same page anymore.