babyteen

Folk rock artist says he should be getting more in royalties from digital downloads. Add James Taylor to the list of musicians suing record labels over royalties from iTunes and other digital outlets. The famed singer/songwriter filed a complaint against Warner Bros. Records on Thursday in Los Angeles Superior Court claiming approximately $2 million in damages. The new lawsuit is among many in recent months to take issue with the way record companies treat digital income. Taylor, who was inducted into the Rock & Roll Hall of Fame in 2000 with such hits as "You've Got a Friend," "Sweet Baby James" and "Carolina in my Mind," signed his first deal in 1969 when his production company entered into a distribution agreement with Warner Bros.'s predecessor company. The contract was amended in 1972. Like many musicians, Taylor got a deal that treated records "sold" different than when recordings were "licensed." The royalty rate for Taylor for sales is between 10 to 12 percent. The royalty rate for licenses is 50 percent of net receipts. In the late 1970s, Taylor left WBR for Columbia Records. In 1979, Taylor and WBR executed a "termination and settlement agreement" that provided for continued payments with some modifications as well as auditing rights. In 2002, the parties made another amendment to their agreement with new rates so that a new "Greatest Hits" album could be released and old albums could be remastered and reissued, but WBR never re-released the albums, and Taylor says the 2002 agreement doesn't apply. Under the auditing rights from the 1979 settlement, Taylor has been auditing WBR's accounting since 2008. The results of two audits have purportedly turned up several forms of underpayment. This includes smaller ticket items like foreign receipts, budget sales and the unauthorized use of Taylor's songs on certain compilation albums. It also includes intriguing items like an alleged smaller-than-expected share of proceeds from WBR's $110 million settlement with Napster (Taylor got 0.24 percent instead of the claimed amount approximately 0.33 percent). But the biggest pot of money comes over the issue of whether Taylor should be splitting money equally with WBR whenever a consumer downloads one of his old songs from iTunes, Verizon and other digital or mobile outlets. Others have sued over this same issue, including Kenny Rogers, Chuck D, Rob Zombie, Rick James, Sister Sledge, Peter Frampton, George Clinton and on and on... Many of these lawsuits, including the latest from Taylor, mention the case brought by Eminem's producers and the 2010 decision at the 9th Circuit Court of Appeals suggesting digital downloads should be treated as "licenses." WBR hasn't yet responded to a request for comment, but according to the lawsuit, the record company denies that downloads off of digital outlets require a 50 percent share. In addition, the parties have had discussions about this for some time and in 2010, entered into a tolling agreement to extend the statute of limitations on claims to September 14, 2012. At the deadline, Taylor decided to bring the lawsuit. "Warner Bros.'s failures have created a dispute of almost $2,000,000 with respect to Warner Bros.'s breach of the Distribution Agreement and its various Amendments." Taylor is represented by Paul Duvall and Richard Busch at King & Ballow

46? That, my friend, is waaaayyyy too young to die!

Is he of any relation to the Van Zandt brothers of Lynyrd Skynyrd fame?

I have been a big fan of Men At Work since I was only 1 year old. Even my sweet Dad says that the first song I ever sang, at the tender age of 1, was "Down Under". Ever since I heard that Greg Ham died, I have been grieving for over two months, almost three months now. I read the news on Songfacts the day that it happened, and I was so shocked out of my mind, that I immediately called my mother in tears. But the big question that has bogged my mind is, how did he die and why? Do you think, maybe it may have been an accident? Do you think maybe somebody may have murdered him? Maybe he suffered depression? Is it a possibility he may have committed suicide? Maybe he had a heart attack? What exactly caused him to die so young? It seems the only thing I've been left with is news stories with speculations of a drug overdose. What the heck is up with that? Greg was never into drugs, and I can't fully understand how the media seems to get away with thinking that almost every death of a musician or other famous star is linked with drugs or alcohol. For example, when Jeff Porcaro of Toto died on August 5, 1992 at the tender age of 38 (20 years younger than Greg), the official cause of death was listed as a heart attack brought on by an alergic reaction to pesticide, but the newspaper immediately linked his death with rumors of cocaine abuse. I wanted so badly to see Men At Work reunite, but now, I guess they can't, because they've lost Greg. There's nobody out there like him that could play the flute and sax and rock hard with smooth riffs. Another sweet guy with such wonderful talent, gone too soon. May you rest in peace, my fellow Australian brother. Your music brought, and always will bring, smiles to everyone around the world who remembers you and the band Men At Work. I bet if your fellow bandmates are reading this, they send out all their condolences, love, peace, and blessings.Maybe if he didn't get so worked up, and maybe if the riff in "Down Under" was left unrecognized like it was in the beginning, in other words, if nobody pointed out the so-called similarities between it and "Kookaburra", , do you think maybe he would've lived longer?

But it says on the link that was posted that Vanilla Ice is very much alive, and that the death thing is nothing more than a hoax. What's up with people posting hoaxes about celebrities? I mean, if he was really dead, it would've been posted in almost every newspaper around the world.

I don't believe it! Not even for a second!

Do you think, maybe it may have been an accident?

But the big question is, how did he die and why? Do you think maybe somebody may have murdered him? Maybe he suffered depression? Is it a possibility he may have committed suicide? Maybe he had a heart attack? I wanted so badly to see Men At Work reunite, but now, I guess they can't because they've lost Greg. There's nobody out there like him that could play the flute and sax and rock hard with smooth riffs.

May you rest in peace, my fellow Australian brother. Your music brought, and always will bring, smiles to everyone around the world who remembers you and the band Men At Work. I bet if your fellow bandmates are reading this, they send out all their condolences, love, peace, and blessings.

And then they'll be bound together and hit in the head with a steel bar!

I'm interested in having the DVD, "Classic Albums: The Making Of Stevie Wonder: Songs In The Key Of Life". However, I've been in contact with Nathaniel Oberstein, the lead customer service representative of Eagle Rock Entertainment in New York, and he told me that, not only did Rhino Entertainment release this particular episode of the "Classic Albums" series, but that this particular title has long since been out of print. I've checked the link on Amazon, http://www.amazon.com/gp/product/6305320616/ref=cm_cd_asin_lnk, and it says that a new copy of this DVD costs at least $198 through a third-party seller. Does anybody know if there's a way I can get an authentic, new, factory-sealed copy for a cheaper price than $198?

He was two years older than my Dad. Whatever will become of ITunes. Will it still be here in the future?

If I do have to pay for these sound effects, I sure don't want to end up spending a fortune! One company, for example, was going to charge me $33 a piece for each individual sound effect recording I'm looking for. This company is owned by David Stewart, a sound recordist in Australia. I know I could get some of these on ITunes, but now I can't access the ITunes Store, because my screen reader software can't read buttons and controls that are bitmap image-based. I wonder if Amazon might have some of these. I wouldn't mind paying $1 for each individual sound, but $33 a piece is a bit too much for me!

What do you mean when you say, foley? Do you mean make an imitation version of a natural sound? Or do you mean, make the field recording? As far as microphones go, I have a stereo pair of AKG 414's, but I'm not so sure if they would be good enough for field recordings. If I do have to pay for these sound effects, I sure don't want to end up spending a fortune! One company, for example, was going to charge me $33 a piece for each individual sound effect recording I'm looking for. This company is owned by David Stewart, a sound recordist in Australia.

So does anybody know where I could find these sound effects?

I would try that, however, our long-distance won't even let me call to Canada. In other words, we don't have international long-distance service at my mother's house. All it is is nationwide long-distance, only within the United States. That really bites!

I bet our buddy Bruce is wallowing in a river of his tears. I bet Clarence was like a brother to him.

I still haven't got an Email from Vectormedia Software. I remember when they used to have an online support form, and it was so reliable. Someone once said that it's not such a smart idea for a company to post their email address on their website, hence an online support form. Can someone please explain what all of this is about?

my mother, loves, Phoebe Snow. She had the album with "Poetry Man" on record back in 1975 when she was only sixteen. And then I got it for her on CD for Christmas a couple years ago.

Interesting. So I was really out of my mind when I first heard the lyrics. Basia must have some accent that made them a bit hard for me to understand. I wondered why what I heard didn't make sense. Hmm, Basia? Sounds like Asia, but with a B.

Still no replies yet? Has anyone listened to the melody and tried to identify it?

There's this song that I heard when I was at Albertson's the other day. They seem to play it on their Music Station almost every time I'm there. I don't know the title of the song, nor do I know who sings it. All I know is that it's a woman, the song was released sometime in the 80's or 90's, and the lyrics of the chorus, from what I understand, sound something like, "You'll say to you. You'll say to you." I know it sounds strange, but it seems like that's how it sounded to my ears. Can anyone help me identify this song so I can try and find it?

I meant to put support@vectormediasoftware.com, vectormediasoftware being one name in the domain name. Why it came out with spaces is way beyond me!

I have purchased Atmosphere Deluxe 7.0 from Vectormedia Software, and I need help in this situation. I sent a support request to support@vectormediasoftware.com on 2/10/2011, and I haven't received a response in a timely manner. I also sent a letter via Registered Mail on 3/1/2011. I sent it to: Vectormedia Software LLC, 173 Stiles Road, Bradford, UK, Yorkshire BD7 4RF, England. I hope I sent it to the right address, and I hope the administrators and sales representatives received it in time. The last time I received an Email from the company was 7/21/2010 at 3:52 PM. According to their website, the company responds to most requests within 24 hours. I'm confused, does this mean 24 hours, like regular hours in a day? Or does this mean 24 business hours? If you can, especially any of you Songfacts Members who live in England, please be so kind as to contact them and have them send me an Email. I would kindly appreciate it.

Is this the version without dialogue at the end? That's the one I'm looking for.