I’ll Survive Singer Gloria Gaynor and songwriter Robin Randall are suing music producer Joel Diamond, accusing Diamond and his firm of improperly asserting rights to their work and failing to pay owed royalties.
The lawsuit seeks to terminate Diamond’s contract with Gaynor and Randall and seeks not less than US$2 million Damages, royalties owed and authorized charges.
In a lawsuit filed in New York federal courtroom on Friday (July 26), Gaynor claims she signed a contract with Diamond in 1983, which Diamond has since claimed was an employment-for-hire contract that meant all her Rights to the songs Gaynor was contractually chargeable for belong to Diamond.
Gaynor denies this and says she continues to personal all rights to the songs she writes and performs.
Gaynor’s authorized assertion says: “Regardless of Gaynor’s repeated requests for an accounting for the reason that alleged recording settlement was entered into, the defendants have didn’t pay any royalties, present transparency as to who Gaynor’s music was licensed to, and have didn’t Proof that Gaynor’s music is protected.
In line with the indictment, Diamond’s firm claimed to personal the grasp recording and publishing rights to the songs. You are all I would like and greater than sufficient, I have been watching you, Bullseye, effort, chain of whispers, and Eeny-Meeny-Mack-A-Rack.
Diamond’s firm additionally claimed the grasp recording rights to “After the Lovin'” and “I Am What I Am,” in addition to the publishing rights to “I Am What I Am.” solely in love songsin line with the grievance.
Joel Diamond is called as a defendant in a lawsuit that names a number of firms he controls as defendants, together with Joel Diamond Leisure, silver blue manufacturing co., ltd. and Ocean Blue Music.
Becoming a member of the lawsuit as a plaintiff is the songwriter Robin Randallshe works together with her mom Judith Randall Till Randall Sr. handed away in 2002.
Randall Jr. claims Diamond dedicated fraud in 2000 by persuading Randall Sr. to signal over possession rights to songs the pair had written, when Randall Sr. started to point out indicators of psychological incapacity.
“Defendants’ improper dealings considerably diminished the earnings to which Plaintiffs would have been entitled.”
Authorized motion filed by Gloria Gaynor and Robin Randall
In 2001, a yr earlier than her demise, Judith Randall was hospitalized and recognized with paranoid schizophrenia and bipolar dysfunction.
“Diamond fraudulently induced and in any other case wrongfully brought about Judith Randall to signal over title to quite a few copyrighted works, together with however not restricted to buddies without end, Simply buddies, shut your eyes and Two souls respiration collectively,” the grievance states.
“These contracts have been fraudulently and wrongly obtained by inducing an incapacitated individual to signal paperwork whose content material and goal have been past her comprehension, and to signal these paperwork for herself and her daughter with out her data. acquired.
Whereas the case involving Robin Randall was difficult partly by her late mom’s psychological well being points greater than 20 years in the past, the half involving Gaynor was difficult by an obvious lack of documentation.
“Gerner doesn’t at the moment know the precise date and nature of the agreements between the Defendants and Plaintiff Gaynor, and between the Defendants and third events, as this data is within the sole possession, custody and management of the Defendants and has not been disclosed to the Plaintiffs regardless of requests on behalf of the Plaintiffs. data,” the grievance states.
“Regardless of requests, a recording settlement has not been supplied to Gaynor…The recording settlement requires royalties to be paid to Gaynor as a author and recording artist.”
The lawsuit alleges breach of contract, breach of fiduciary responsibility, fraud, copyright infringement and unjust enrichment, and asks the courtroom to declare the contract terminated.
The lawsuit alleges that Diamond and his firm’s “improper dealings considerably diminished the earnings to which Plaintiffs have been entitled.”
Gaynor, 80, is a two-time Grammy Award winner recognized for her hit songs I’ll Survive, Let me know (I’ve the correct), I’m who I’m, and a canopy can by no means say goodbyewait. I’ll Survive Chosen to the Library of Congress in 2017.
Gaynor continued to tour, showing at numerous music festivals, in line with the grievance.
“These contracts have been fraudulently and wrongly obtained by inducing an incapacitated individual to signal paperwork whose content material and goal have been past her comprehension, and to signal these paperwork for herself and her daughter with out her data. acquired.
Gloria Gaynor and Robin Randall’s authorized motion in opposition to Joel Diamond
Robin Randall has been a songwriter, recording artist and music trainer for over 45 years, and his credit embody Starship’s hits “Tomorrow Do not Matter Tonight,” “The place Are You Now?” and Roxus’ ” Final Time” and “Final Time” by Agnetha Faltskog.
She has additionally composed music for tv reveals together with baywatch, Begin from scratch, powerful love, Confessions of a Teen Idoland Amy Fisher’s Story.
In line with the Silver Blue Productions web site, Joel Diamond is a two-time Grammy nominee, has produced 47 gold and platinum information, and has greater than 100 Billboard charting albums.
The web site says he “has held senior govt and artistic positions at main music firms, together with Sony.”
Diamond is not the one one accused of inappropriately exploiting Gloria Gaynor’s work. Final month, main document labels world wide Sony Music Group, common music group and Warner Music Groupsued AI Music Firm solaraccused AI builders of utilizing copyrighted music with out permission to construct their on the spot music generator.
Forensic evaluation primarily based on synthetic intelligence music specialists Ed Newton-RexGaynor’s I’ll Survive Most likely one of many tracks the place Suno acquired unlawful coaching.world music enterprise
