Thursday, April 3, 2008

Billy Corgan Cries, Sues Label


According to SmashingPumpkins.com, The Smashing Pumpkins have filed a lawsuit this week against Virgin Records, their former record label, for the unauthorized exploitation of the band's musical works and image as well as for devaluing the market value of its music and deceiving its fans.

The suit states that Virgin Records-without the band's knowledge or permission-endorsed and sponsored a worldwide promotional marketing campaign by Amazon.com and Pepsi for both companies to promote and sell Amazon and Pepsi products for financial profit.

"We fought hard for the right to be in control of how our music is used, to avoid situations like this kind of crass commercialism and exploitation. Labels like EMI are no longer running the show, and we won't be bullied by those in the 'old' music business who consider every artist to be easily expendable. Those days are over." - Billy Corgan
This illustrates that even some of the most successful bands are still battling the same problems as bands just starting out. Exploitation has always been the necessary “evil” word used in record contracts, relating to the rights the record label has to market an artist, but now it’s become even more dangerous. When a new artist signs a 360 deal, they are usually signing away most of the rights to their name and branding until they have proven to be successful. The artist may not agree with everything the label wants to associate their name or music with.

For example, a member of a band may be a strict vegan and strongly object the use of their song being used in a KFC commercial. But there’s not much they can do about it since it’s the label’s call for when and where their music is used. They may ask the artist before settling such a deal beforehand, but ultimately the label makes the decision.

It seems that even established bands don't always get the right to be the only ones to give the green light on a sponsorship project. Of course Billy Corgan would bring it one step further, claiming the deal with Amazon.com and Pepsi "continues to provide Plaintiff's musical works at a price below the market value of the works, thereby damaging Plaintiff's reputation and reducing the market value of Plaintiff's musical works."

I think Zwan damaged Billy Corgan's reputation enough (boo, hiss!).

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