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 a minimum of US$2 million Damages, royalties owed and authorized charges.
In a lawsuit filed Friday (July 26) in New York federal court docket, Gaynor claims she signed a contract with Diamond in 1983, which Diamond has since claimed was a work-for-hire contract that meant all her Rights to the songs Gaynor was contractually liable 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 because the 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. here.
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 criticism.
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 along 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 lowered the revenue to which Plaintiffs had been in any other case entitled.”
Authorized motion filed by Gloria Gaynor and Robin Randall
In 2001, a 12 months earlier than her loss of life, Judith Randall was hospitalized and recognized with paranoid schizophrenia and bipolar dysfunction.
“Diamond fraudulently induced and in any other case wrongfully triggered Judith Randall to signal over title to quite a few copyrighted works, together with however not restricted to buddies eternally, Simply buddies, shut your eyes and Two souls respiration collectively,” the criticism states.
“These contracts had been fraudulently and wrongly obtained by inducing an incapacitated individual to signal paperwork whose content material and goal had 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 twenty 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 the plaintiff Gaynor, and between the defendants and third events, as this info 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. info,” the criticism states.
“Regardless of requests, a recording settlement has not been offered 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 court docket to declare the contract terminated.
The lawsuit alleges that Diamond and his firm’s “improper dealings considerably lowered the revenue to which Plaintiffs had been entitled.”
Gaynor, 80, is a two-time Grammy Award winner identified 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 criticism.
“These contracts had been fraudulently and wrongly obtained by inducing an incapacitated individual to signal paperwork whose content material and goal had 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 towards Joel Diamond
Robin Randall has been a songwriter, recording artist and music instructor 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 website Joel Diamond, a member of Silver Blue Productions, is a two-time Grammy nominee, has produced 47 gold and platinum information, and has over 100 albums to his credit score. advertising billboard– Chart recording.
The web site says he “has held senior government and inventive 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 all over the world Sony Music Group, universal music group and Warner Music Group, Sue AI Music Company sunaccused AI builders of utilizing copyrighted music with out permission to construct their instantaneous music generator.
in line with a forensic analysis Powered by Synthetic Intelligence Music Consultants Ed Newton-RexGaynor’s I’ll Survive Presumably one of many tracks the place Suno obtained unlawful coaching.world music enterprise
