Atty Blasts Quincy Jones' ‘Outrageous’ Royalty Bid At Trial
By Bonnie Eslinger
Law360, Los Angeles (July 18, 2017, 11:06 PM EDT) -- An entertainment attorney testifying Tuesday in Quincy Jones’ suit against a Michael Jackson company over $30 million in royalties for work on “Thriller” and other albums called it “outrageous” for the producer to expect ticket revenue from a posthumous movie and live shows featuring video of Jackson.
During the second week of the Los Angeles trial, defendants MJJ Productions Inc. called to the witness stand Owen J. Sloane of Eisner Jaffe, a contract attorney who told jurors he has represented such musical luminaries as Elton John, Chris Daughtry, Matchbox Twenty, Stevie Nicks and Kenny Rogers over the course of his 47-year career. Acting as MJJ Productions Inc.’s expert witness on music industry contracts, Sloane rejected many of Jones’ contract claims for compensation as atypical of industry practice.
That included telling the court that it would be “outrageous” and “absurd” for a producer like Jones to seek a share of box office receipts on top of royalties for “snippets” of music used in a film or live performance.
During cross examination, an attorney for Jones, Scott Cole of McKool Smith PC, noted that Sloane was there to testify about music industry custom and asked the defense expert “if he would agree” that Michael Jackson and Quincy Jones were “anything other than a standard, run of the mill” artist and producer. Sloane agreed.
He later asked Sloane about a provision in Jones' 1985 agreement with MJJ Productions for compensation when one of the master recordings he produced was used in "any audio visual presentation embodying” Jackson’s performance.
Cole asked Sloane to confirm that a documentary about Jackson’s life, "This Is It,” would qualify, since it incorporates hit songs from the albums produced by Jones and videos of the pop star before he died.
Sloane disagreed, maintaining that the phrase was meant to indicate music videos, not movies or live shows.
“To take that language and manipulate it to support your position is outrageous,” Sloane added.
Two live Cirque du Soleil shows that feature music from the three albums Jones produced and videos of Jackson also wouldn’t qualify, Sloane said.
Sloane also told jurors that even the master recording use fees given to Jones were not written into the producer’s contract — that according to the language, he was only to be paid based on record sales.
MJJ Productions attorney Zia Modabber of Katten Muchin Rosenman LLP asked Sloane why he thought Jackson nonetheless gave that money to Jones.
“He thought it was fair,” Sloane said.
But Jones got greedy, Sloane insinuated, seeking more revenue, including a share of profits Jackson received by entering into a joint venture with Sony Music Entertainment.
Modabber asked Sloane what he thought, based on industry custom and practice, about a producer seeking a royalty increase when one is given to the musical artist.
Sloan said it would inappropriately allow the producer to “ride the coattails of the artist," adding that record companies expect artists to contribute something extra for an incremental increase in royalties.
During cross examination, Jones’ attorney asked Sloane if he knew of any situation in which there was a joint venture between a company and an artist that shares future project profits but also “subsumes all prior royalty rights.”
Sloane said he couldn’t think of any examples off the top of his head.
Cole also asked Sloane about his earlier representation that artists would need to “give to get” something additional from a record company. He asked the expert why he thought Jackson then gave Jones the allegedly undeserved master recording use fees.
Sloane said Jackson wasn’t a “big corporate giant,” and the agreement between the two men was about “two human beings dealing with one another.”
The trial kicked off July 11, with Jones' attorney Mike McKool of McKool Smith telling the 12-juror panel that under a deal worked out with Jackson, Jones received a portion of royalties that would be raised or lowered to the same degree as what Jackson received.
That changed after Jackson’s 2009 death, which sparked posthumous interest in the King of Pop’s music and increased sales, according to the attorney. Jackson’s estate negotiated a new deal with record label Sony Music Entertainment that provided a higher percentage of revenue to MJJ Productions from the albums and songs, but the increase wasn’t reflected in audit records provided to Jones, nor did the producer see a boost in his royalties, McKool said.
On Thursday, Modabber took his turn at questioning Jones’ damages expert, the producer’s accountant Gary Cohen, to ask why Jones hadn’t previously sought a share of profits from Jackson’s joint venture with Sony Music Entertainment, remixing opportunities and revenue from a posthumous documentary and two Cirque du Soleil shows featuring Jackson’s music.
“Your job is to pursue every dollar, correct?” Modabber asked.
The attorney also took aim at Jones’ claim that his contracts gave him “first right” to do any editing or remixing, saying that up until 2005, Michael Jackson’s production company had hired other people to do such work on the master recordings without any protest from Jones — who was now claiming about $4.7 million in damages for remixing.
Jones, a 27-time Grammy winner who worked with Michael Jackson over the course of a decade from 1978 to the late 80s, is seeking damages for breach of contract claims.
https://www.law360.com/media/article...y-bid-at-trial
Quincy Jones Testifies Against Michael Jackson Estate: ‘I Was Cheated Out of a Lot of Money’
Gene Maddaus
Senior Media Writer@GeneMaddaus
Quincy Jones took the witness stand on Thursday, telling jurors he was “cheated out of a lot of money” by Michael Jackson’s estate.
Jones’ lawyers have alleged that the veteran producer is owed $30 million in revenues that have flowed to Jackson’s estate since the singer’s death in 2009. Jones, 84, has been touring in Europe for most of the trial, which has been underway in Los Angles Superior Court for two weeks. He entered the courtroom Thursday in a wheelchair.
At issue is the interpretation of two contracts for the albums “Off the Wall,” “Thriller,” and “Bad.” Jones testified that he left such details to lawyers and never read the actual agreements.
Instead, in often rambling testimony, Jones articulated a basic principle that he deserves to be paid for any use of songs from the albums.
“If we made the record, we deserve to get paid,” he said. “It’s that simple.”
An attorney for Jackson’s estate, Howard Weitzman, tried to get Jones to concede that he is entitled to a share of album sales but not to licensing revenues for the Jackson recordings.
“That’s a joke,” Jones answered.
As Weitzman pressed him, Jones added, “I don’t care what the agreement says. If I put my heart and love into making a record, I want to get paid. I don’t care what the paper says.”
At another point, Jones asked the lawyer: “You ever made a No. 1 record?”
“No,” Weitzman said.
“I know that,” Jones replied.
Jones’ lawyers contend that his contracts entitle him to significant proceeds from “This Is It,” the backstage concert film released after Jackson’s death, as well as those from two Cirque du Soleil shows. The attorneys also contend that Jones is owed a larger share from a Sony contract that was renegotiated after Jackson’s death.
Under questioning from his own lawyer, Mike McKool, Jones gave extensive reminiscences about his music career and his collaboration with Jackson. He testified that his relationship with Jackson was founded on “love, respect, and trust,” and that financial considerations rarely surfaced.
“That never in my life crossed my mind — money and fame,” he said. “If that happens, God walks out of the room. If you try to sell Ciroc vodka, forget it.”
Under cross-examination, Weitzman played Jackson’s demo versions of “Workin’ Day and Night,” “Don’t Stop ‘Til You Get Enough,” and “Beat It,” as well as the finished album versions of each song. Jones nodded his head in rhythm, and at one point raised his arm as if conducting musicians.
Weitzman’s point was that Jackson himself made major contributions to the sound of each song, which rankled Jones, who testified that producers often take the blame for failures while artists get credit for hits.
“I believed in Michael like my own son,” he testified. “I spent more time with him than his family. They weren’t in the studio.”
Weitzman repeatedly noted that he is representing Jackson’s three children, who are the beneficiaries of the estate, and asked if Jones would sue Jackson if he were still alive.
“I’m not suing Michael, I’m suing y’all,” Jones said, noting that the estate’s lawyers have been handsomely paid. Another attorney for the estate testified earlier that the executors have received about $50 million in fees since Jackson’s death.
When Weitzman raised the children again, Jones rebutted, “I got children, too.”
http://variety.com/2017/biz/news/qui...it-1202501533/
