When you think big money in the music business, I am sure that, like me, you think Ariel Pink’s Haunted Graffiti? The band is just about to release a new album ‘Mature Themes’ on August 21, but they also just got sued by former drummer Aaron Sperske who is asking for $1 million!
According to Sperske's lawsuit (you can download it via Pitchfork), he and Ariel Pink (Rosenberg), Tim Koh and Kenny Gilmore ‘entered into an oral partnership agreement under California law’ in 2008 to become Ariel Pink’s haunted Graffiti and ‘shared equally in the profits and expenses of the partnership’. But on May 15th 2012, Rosenberg, Koh and Gilmore ‘attempted to expel Sperske from the partnership in violation of the oral partnership agreement’. Sperkse is also seeking money for co-writing ‘all-twelve of the musical works on the second album’ and is asking for 25% interest in and to the copyright of the 12 songs, as well as royalties from future touring,.. so $1 million to sum up everything!
First of all, does Ariel Pink’s Haunted Graffiti make that kind of money? They are an indie band, with a still underground-cultish success, could it be a bit exaggerated?
Secondly, I don’t know much in terms of laws, but oral agreement? It seems to be a weak case for a lawsuit, if there are no documents, written correspondence, emails or even witnesses, Sperske is gonna lose his lawsuit, especially for this whopping amount! The other example of lawsuit based on oral agreement I know too well about, concerns Jennifer Chiba's lawsuit against Elliott Smith’s estate (she also asked for $1 million and claimed she and Elliott entered into an oral covenant and agreement in August 2002)… and she lost the case!
Couldn't these musicians find another way to solve their problems instead of these ridiculous lawsuits?
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