I will Survive Singer Gloria Gaynor and songwriter Robin Randall are suing music producer Joel Diamond, accusing Diamond and his company 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 at least US$2 million Damages, royalties owed and legal fees.
In a lawsuit filed in New York federal court 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 responsible for belong to Diamond.
Gaynor denies this and says she continues to own all rights to the songs she writes and performs.
Gaynor’s legal statement says: “Despite Gaynor’s repeated requests for an accounting since the alleged recording agreement was entered into, the defendants have failed to pay any royalties, provide transparency as to who Gaynor’s music was licensed to, and have failed to Proof that Gaynor’s music is protected.
According to the indictment, Diamond’s company claimed to own the master recording and publishing rights to the songs. You’re all I need and more than enough, I’ve been watching you, Bullseye, effort, chain of whispers, and Eeny-Meeny-Mack-A-Rack.
Diamond’s company also claimed the master recording rights to “After the Lovin'” and “I Am What I Am,” as well as the publishing rights to “I Am What I Am.” only in love songsaccording to the complaint.
Joel Diamond is named as a defendant in a lawsuit that names several companies he controls as defendants, including Joel Diamond Entertainment, silver blue production co., ltd. and Ocean Blue Music.
Joining the lawsuit as a plaintiff is the songwriter Robin Randallshe works with her mother Judith Randall Until Randall Sr. passed away in 2002.
Randall Jr. claims Diamond committed fraud in 2000 by persuading Randall Sr. to sign over ownership rights to songs the pair had written, when Randall Sr. began to show signs of mental incapacity.
“Defendants’ improper dealings significantly reduced the income to which Plaintiffs would have been entitled.”
Legal action filed by Gloria Gaynor and Robin Randall
In 2001, a year before her death, Judith Randall was hospitalized and diagnosed with paranoid schizophrenia and bipolar disorder.
“Diamond fraudulently induced and otherwise wrongfully caused Judith Randall to sign over title to numerous copyrighted works, including but not limited to friends forever, Just friends, close your eyes and Two souls breathing together,” the complaint states.
“These contracts were fraudulently and wrongly obtained by inducing an incapacitated person to sign documents whose content and purpose were beyond her comprehension, and to sign those documents for herself and her daughter without her knowledge. acquired.
While the case involving Robin Randall was complicated in part by her late mother’s mental health issues more than two decades ago, the part involving Gaynor was complicated by an apparent lack of documentation.
“Gerner does not currently know the exact date and nature of the agreements between the Defendants and Plaintiff Gaynor, and between the Defendants and third parties, as this information is in the sole possession, custody and control of the Defendants and has not been disclosed to the Plaintiffs despite requests on behalf of the Plaintiffs. information,” the complaint states.
“Despite requests, a recording agreement has not been provided to Gaynor…The recording agreement calls for royalties to be paid to Gaynor as a writer and recording artist.”
The lawsuit alleges breach of contract, breach of fiduciary duty, fraud, copyright infringement and unjust enrichment, and asks the court to declare the contract terminated.
The lawsuit alleges that Diamond and his company’s “improper dealings substantially reduced the income to which Plaintiffs were entitled.”
Gaynor, 80, is a two-time Grammy Award winner known for her hit songs I will Survive, Let me know (I have the right), I am who I am, and a cover can never say goodbyewait. I will Survive Selected to the Library of Congress in 2017.
Gaynor continued to tour, appearing at various music festivals, according to the complaint.
“These contracts were fraudulently and wrongly obtained by inducing an incapacitated person to sign documents whose content and purpose were beyond her comprehension, and to sign those documents for herself and her daughter without her knowledge. acquired.
Gloria Gaynor and Robin Randall’s legal action against Joel Diamond
Robin Randall has been a songwriter, recording artist and music teacher for over 45 years, and his credits include Starship’s hits “Tomorrow Don’t Matter Tonight,” “Where Are You Now?” and Roxus’ ” Last Time” and “Last Time” by Agnetha Faltskog.
She has also composed music for television shows including baywatch, Start from scratch, tough love, Confessions of a Teen Idoland Amy Fisher’s Story.
According to the Silver Blue Productions website, Joel Diamond is a two-time Grammy nominee, has produced 47 gold and platinum records, and has more than 100 Billboard charting albums.
The website says he “has held senior executive and creative positions at major music companies, including Sony.”
Diamond isn’t the only one accused of inappropriately exploiting Gloria Gaynor’s work. Last month, major record labels around the world Sony Music Group, universal music group and Warner Music Groupsued AI Music Company sunaccused AI developers of using copyrighted music without permission to build their instant music generator.
Forensic analysis based on artificial intelligence music experts Ed Newton-RexGaynor’s I will Survive Probably one of the tracks where Suno received illegal training.global music business