APPLE CORPS Ltd. -Vs-1964
APPLE CORPS Ltd. -Vs-1964
A case with merit OR JUST HOT AIR?
On August 22, 1991, in a parking lot in Murfeesboro, Tennessee, approximately ten minutes before curtain, 1964 was arriving for their show in full regalia of boots, suits and ties, and wigs. Inside, two thousand excited fans twitched with anticipation as the house lights began to dim. Outside the stage door, John, the band's stage manager and guitar technician, was waiting for the boys - a sure sign something was up. Forewarning the band could serve as no purpose, John knew, they stepped foot inside the building. Just inside the door were two U.S. Marshals and an official of the U.S. District court, waiting to serve the band with copies of the complaint Apple had filed that day. Mark, Gary, Tom, and Terry identified themselves to the court representative, accepted the subpoenas, and shook hands with the two local Marshals - apparantly the officers had seen the show before and were planning to stay and watch it again. The irony helped to break the ice. The six weeks that followed were filled with finding, retaining and meeting with attorneys. Then, in October, Apple's lawyers came to Washington, D.C. to meet with 1964 and their attorneys for the purpose of taking 1964's depositions. The ordeal took two days as the two attorneys representnig Apple asked question after question of the four members of the band. Repeatedly they presented to the Defendants photocopies of various documents and it began to get humorous as the boys noticed the Revolver logo on several of the documents. That Robert Cesare (owner-operator of Revolver) had been furnishing Apple and/or Apple's attorneys with information and documentation seemed apparant less than halfway through the depositions...of course, one cannot be certain that this is true. Another name was found on much of the documentation, one that cannot be divulged, but one that lends weight to the argument that this lawsuit is malicious and fueled by Cesare's personal vendetta. Be that as it may, it is a bona fide lawsuit and, while it seems to have slowed for the moment, it will surely pick up again, probably at the most inopportune moment imagineable. When discussing this case with friends, supporters and business associates, the usual response the band hears is, "what about Rich Little?" There seems to be very little that can be said in answer to that question, without getting into a lenghty definition of "parody". In a nutshell, Mr Little can get away with what he does apparantly because what he says carries some form of social comment. In a democratic society law follows public opinion, in principle at least, and if legislators were to read what many of 1964's supporters have written, they might be introducing bills aimed at repealing so-called Right of Publicity laws.
At several points 1964 has offered to make specific changes to the show in an attempt to satisfy Apple's complaint, for example, the removal of "The Beatles" from the bass drum head, but Apple has consistantly and categorically turned down any and all of these counteroffers. Sometimes it is difficult to make any sense out of the whole thing!
In May of 1992 Plantiff (Apple Corps, Ltd.) took their next action, having done essentially nothing since taking 1964's depositions seven months earlier. Two of their lawyers came to Akron and pored over ADPR's financial records. ADPR is a small operation, and they were able to cover seven and one half years of financial data in only four or five hours. 1964 was left with the district impression that Apple's attorneys were quickly coming to the realization that what they had thought was a big corporation ripping off the Beatles, was merely a small-time operation of no significant threat to Apple at all. Last December, 1964 went to Nashville, Tennessee and filed a Motion to Transfer Venue. This motion requests the court to move the site of the trial and any related hearings to Akron, Ohio, 1964's home base. The statutes require that the venue (site) be convenient to at least one party. Since Apple Corps, Ltd. is a British corporation, it would seem that any city at all in the U.S. would be as convenient to them as any other. Akron is certainly more convenient to 1964 than is any other. For reasons unknown, the judge has not yet ruled on this simple motion. Defendants (1964) argued that virtually all their witnesses reside in or near Akron, and that to travel to Nashville to testify would result in serious financial hardship to most of them. Many of the others would be unwilling to make the trip because of business or other obligations. The Defendants can hardly get a fair chance in court, and justice would hardly be served, if the court refuses to transfer venue to Akron.
As this lawsuit progresses, we will keep you up-to-date and abreast of its developments. In the meantime, let's hope and pray that Apple will withdraw their complaint.
UPDATE!
As you already know 1964 have won this case! They are the only tribute band with a written agreement from Apple Corps, Ltd. to perform their tribute.
--------------------------------------------------------------------------------
A case with merit OR JUST HOT AIR?
On August 22, 1991, in a parking lot in Murfeesboro, Tennessee, approximately ten minutes before curtain, 1964 was arriving for their show in full regalia of boots, suits and ties, and wigs. Inside, two thousand excited fans twitched with anticipation as the house lights began to dim. Outside the stage door, John, the band's stage manager and guitar technician, was waiting for the boys - a sure sign something was up. Forewarning the band could serve as no purpose, John knew, they stepped foot inside the building. Just inside the door were two U.S. Marshals and an official of the U.S. District court, waiting to serve the band with copies of the complaint Apple had filed that day. Mark, Gary, Tom, and Terry identified themselves to the court representative, accepted the subpoenas, and shook hands with the two local Marshals - apparantly the officers had seen the show before and were planning to stay and watch it again. The irony helped to break the ice. The six weeks that followed were filled with finding, retaining and meeting with attorneys. Then, in October, Apple's lawyers came to Washington, D.C. to meet with 1964 and their attorneys for the purpose of taking 1964's depositions. The ordeal took two days as the two attorneys representnig Apple asked question after question of the four members of the band. Repeatedly they presented to the Defendants photocopies of various documents and it began to get humorous as the boys noticed the Revolver logo on several of the documents. That Robert Cesare (owner-operator of Revolver) had been furnishing Apple and/or Apple's attorneys with information and documentation seemed apparant less than halfway through the depositions...of course, one cannot be certain that this is true. Another name was found on much of the documentation, one that cannot be divulged, but one that lends weight to the argument that this lawsuit is malicious and fueled by Cesare's personal vendetta. Be that as it may, it is a bona fide lawsuit and, while it seems to have slowed for the moment, it will surely pick up again, probably at the most inopportune moment imagineable. When discussing this case with friends, supporters and business associates, the usual response the band hears is, "what about Rich Little?" There seems to be very little that can be said in answer to that question, without getting into a lenghty definition of "parody". In a nutshell, Mr Little can get away with what he does apparantly because what he says carries some form of social comment. In a democratic society law follows public opinion, in principle at least, and if legislators were to read what many of 1964's supporters have written, they might be introducing bills aimed at repealing so-called Right of Publicity laws.
At several points 1964 has offered to make specific changes to the show in an attempt to satisfy Apple's complaint, for example, the removal of "The Beatles" from the bass drum head, but Apple has consistantly and categorically turned down any and all of these counteroffers. Sometimes it is difficult to make any sense out of the whole thing!
In May of 1992 Plantiff (Apple Corps, Ltd.) took their next action, having done essentially nothing since taking 1964's depositions seven months earlier. Two of their lawyers came to Akron and pored over ADPR's financial records. ADPR is a small operation, and they were able to cover seven and one half years of financial data in only four or five hours. 1964 was left with the district impression that Apple's attorneys were quickly coming to the realization that what they had thought was a big corporation ripping off the Beatles, was merely a small-time operation of no significant threat to Apple at all. Last December, 1964 went to Nashville, Tennessee and filed a Motion to Transfer Venue. This motion requests the court to move the site of the trial and any related hearings to Akron, Ohio, 1964's home base. The statutes require that the venue (site) be convenient to at least one party. Since Apple Corps, Ltd. is a British corporation, it would seem that any city at all in the U.S. would be as convenient to them as any other. Akron is certainly more convenient to 1964 than is any other. For reasons unknown, the judge has not yet ruled on this simple motion. Defendants (1964) argued that virtually all their witnesses reside in or near Akron, and that to travel to Nashville to testify would result in serious financial hardship to most of them. Many of the others would be unwilling to make the trip because of business or other obligations. The Defendants can hardly get a fair chance in court, and justice would hardly be served, if the court refuses to transfer venue to Akron.
As this lawsuit progresses, we will keep you up-to-date and abreast of its developments. In the meantime, let's hope and pray that Apple will withdraw their complaint.
UPDATE!
As you already know 1964 have won this case! They are the only tribute band with a written agreement from Apple Corps, Ltd. to perform their tribute.
--------------------------------------------------------------------------------
posted by Terry Manfredi at 8:04 PM
<< Home