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Post by nica575 on Nov 9, 2011 17:04:51 GMT -5
I find it srsly funny that, while I don't remember all of these interviews ppl have been posting lately--I totally rmemeber the GIFS that were made from them. LOL. First thought I had when I saw the youtube was....I HAVE THOSE GIFS!!1 Haaaa. Ok, so I saw someone ask on twitter earlier this afternoon if there was this kind of epic buzz from industry peeps before FYE dropped or is this indicative of something greater? i.e. better material, etc.....thoughts? Because I don't remember at all... There was from a few people in the Idol bubble – I remember Lyndsey's flail, Jim, Slezak, etc. – but that rollout was handled totally differently. They had the time constraints to deal with, there were articles written about collaborators and possible songs, etc. The UK promo didn't come until after FYE had been out in U.S. for a couple of months, so the PDs, DJs, TV peeps would have already had the opportunity to hear it and from what Q3 and others have said in the past, there was a little push back because of an already saturated competition show field and the necessity to give UK artists priority. There were interviews, but they didn't have that "Shhh, here, you get a super-sekrit sneak preview!!" approach, which gets the decision makers in early in the game. That's a different strategy and IMO, it's a good one, which I've said before. It gives them a sense of ownership – like they were integral in the choice or that they were an early listener, so they have a "connection" to that material from the get-to. I think it was likely worth the pre-launch trip to build that personal rapport and connection. Are they really integral to the single-selecting decision? Who knows? I'm sure Adam and co. still appreciated any feedback and probably gave them something new to consider when deciding on and launching the single(s) They could decide to go with different singles in different countries as well.... so the local UK "opinions" are probably important. I agree, susie, that the early participation gives them the sense of ownership = support during roll-out. |
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Post by nica575 on Nov 9, 2011 17:11:37 GMT -5
I just had a thought that there might be a counter-suit brewing. The reason I am thinking that is this:
The take-down demand came from Adam's personal lawyer, but RCA started collecting info on the claims that BFM was "new" music.
So, it is quite possible that RCA will get into the game with the claim that BFM was "wrongly represented" - or whatever the legal term applies here.
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Post by gelly14 on Nov 9, 2011 17:16:49 GMT -5
shoshannastone shoshanna stone
by kms15423@
@ukglambert Adam's first big UK press interview will run in January.
11 minutes ago Favorite Retweet Reply 
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Post by Deleted on Nov 9, 2011 17:21:32 GMT -5
So I interpret that as a January single!!  Nica, I doubt they will do 2 different singles. Just my opinion. The major players, Katy, Gaga, etc do the same singles, I think. I don't see why Adam should have to be any different. Again, just my opinion. |
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Post by iceish on Nov 9, 2011 17:22:27 GMT -5
I just had a thought that there might be a counter-suit brewing. The reason I am thinking that is this: The take-down demand came from Adam's personal lawyer, but RCA stated collecting info on the claims that BFM was "new&qu ;Dot; music. So, it is quite possible that RCA will get into the game with the claim that BFM was "wrongly represented" - or whatever the legal term applies here. Maybe the AI people will join in, isn't there is a claim that Adam broke the rule. Wow! damaging the credibility and image of AI, the largest viewer TV show. ;D |
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Post by gelly14 on Nov 9, 2011 17:23:24 GMT -5
So I interpret that as a January single!! Nica, I doubt they will do 2 different singles. Just my opinion. The major players, Katy, Gaga, etc do the same singles, I think. I don't see why Adam should have to be any different. Again, just my opinion. ITA. 2 singles, confusing. And yay for January again!! |
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Post by seoulmate on Nov 9, 2011 17:24:50 GMT -5
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Post by gelly14 on Nov 9, 2011 17:27:48 GMT -5
I saw this on fye.
I think it sums up very well the whole case. At least I can understand what she's talking about.
"Lawyer nonny here. I downloaded the complaint from the Court and read through it. Not sure if anyone cares, but here's a brief synopsis.
It's a 2 count complaint. The first is for damages associated with the takedown letter. They're seeking damages from Amazon pre-sales and future sales. The second count is for declaratory relief (i.e., they want the Court to make a determination) that the contracts were not rescinded (unraveled - like they never even happened) in 2009. If the contracts were not unraveled, they are still in place, and Malcolm and crew would still have control over the song distribution and 50% of the ownership rights (plus the other crap in the agreement, yadda yadda).
It's actually a very simple complaint that hinges on one question: Was the contract validly rescinded? If it was not, the question becomes how much did they lose from not being able to sell the album. If the contract was validly rescinded, the case is essentially over because then the Amazon takedown letter was proper and Malcolm has no rights to the songs.
Couple of other points.
The "in excess of $75k in damages" is a type of federal court jurisdictional limit. The Civil Cover Sheet doesn't state an amount of damages sought, so it's unclear how much they think they're owed. Not surprising that a number is not included.
The "takedown" request to Amazon came from Adam's personal lawyers, not RCA. No doubt RCA was part of the process, but they were not the ones to formally request the takedown.
"
The takedown letter states that the contract was rescinded, in writing, but does not provide a copy. The complaint just paraphrases the ~allegation of rescission in the takedown letter. Rescission can either be brought as an affirmative defense or through a counterclaim for declaratory relief. I would expect that it would be produced by Adam's side in an Answer/Counter-Claim type pleading to be filed.
Adam has not been personally served with the complaint yet, so there's no deadline for response.
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Post by iceish on Nov 9, 2011 17:28:42 GMT -5
 YEAH!!!!! YEAH!!! !YEAH!!!! |
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Post by Deleted on Nov 9, 2011 17:29:55 GMT -5
I don't know if mmb, at MJ's, is someone from here, but if it is, "I salute you!" Because this person makes this legal jargon so easy for me to understaand. Here are a few items she is explaining: The reason BfM is back on Amazon is likely because after filing suit Welsford ET al filed a "counternotice". The way it works is a party can send a takedown notice, which is alleged to have happened here. The other side can send a counternotice and the product can be put back up for sale. Presumably Adam will serve a counterclaim with his answer ( eg he will sue Colwell) and if Colwell loses may have to pay damages to Adam now that the product is back up. Anyway I'm sure the case will eventually either be dismissed or settled ( most likely settled quickly - not because the case has merit, but just so Adam can move on) Ok I read the complaint and here are my thoughts (if anyone cares, lol). The idol allegations are entirely irrelevant. The agreements he signed did not make him ineligible for idol. The damages at issue are very small. The whole thing is strictly limited to the material on Beg for Mercy. There is no claim that Adam's contract with RCA is invalid, not any claim wrt any of his RCA material. There is nothing in the complaint that were serve to hold up Adams new music ( other than if they want it gone for purely PR and marketing reasons)Well there is nothing legally holding up a new single ( at least insofar as this suit is concerned). But I could understand if they wanted to hold off on release to avoid market confusion or having Adam asked about the suit in every interview. Adams lawyer did, in fact, write the book on music industry law. He wrote the book "all you need to know about the music business". His firm is one of the preeminent entertainment law firms. Sounds to me like Adam is in good hands.  |
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