Source: E Online News
by Joal Ryan
Nov 27, 2002, 10:45 AM PT
The Backstreet Boys are back, all right. In court.
Refusing to go quietly into that boy-band goodnight, the
popsters have plopped a $100 million breach of contract
lawsuit on the doorstep of their corporate bosses, accusing
Zomba Recording, in part, of attempting to undermine their
collective career by promoting Backstreeter Nick Carter's
solo one.
The suit, filed Monday in Manhattan federal court on behalf of all the Boys,
including Carter, also accuses Zomba, parent company of Jive Records, of
trademark infringement and unfair competition.
"We are committed to the Backstreet Boys, and we will protect our group from
anybody or anything that tries to break us apart," the defiant ones said in a joint
statement.
Per the quintet, it's Zomba's Jive that tried to "irresponsibly exploit our group."
At issue is a not yet released, or recorded, Backstreet Boys album. The collection
would be the band's fourth for Jive, not including 2001's greatest-hits package.
The Boys, "a Delaware corporation" per the lawsuit, agreed to deliver the new
album, featuring all five members (including breakout star Carter), to Jive by April
30, 2002. For their efforts, they were to be rewarded with a $5 million
advance--provided they met the deadline, and ensured all boy-banders were
present and accounted for.
The lawsuit charges that Zomba made it impossible for the group to make good
on either count.
First, the complaint alleges, the label refused to sign off on producers and songs
for the new album--per the Boys' contract with Zomba, the group can't record a
note until they get those okays.
Next, the lawsuit says, Jive "induced" Nick Carter to shirk his Backstreet Boy
duties and focus on a solo album.
"Zomba knew that Carter's first obligation was to [the Backstreet Boys]," the suit
says.
With Carter busy in the studio by himself, the band's April 2002 deadline came
and went with the other Boys--Howie Dorough, Brian Littrell, A.J. McLean and
Kevin Richardson--still on the sidelines.
For the Boys, the slights continued as Zomba promoted the Carter album, Now or
Never, released in late October, on the band's official Website. According to the
lawsuit, no Backstreeter has the right to exploit the group's name for side
projects--and Zomba doesn't have the right to promote side projects by trading
on the group's name.
In addition to seeking $75 million in general damages, Backstreet Boys attorney
Carla Christofferson tells Reuters the group will seek $5 million for the unpaid
advance and $20 million-plus in punitive damages.
There was no comment from Zomba or BMG, the music conglomerate that gobbled
up Zomba.
The Backstreet Boys and Zomba's Jive have butted heads before. In 1999, there
was talk that the popsters, then the true kings of pop with the chart-topping "I
Want It That Way," were ready to walk when the label signed archrivals 'N Sync.
That tiff was smoothed over with a reported pricey new contract.
In their suit, the Boys claim their records sold more than 65 million copies for
Zomba from 1994-2001.
The band's last collection of new songs, 2000's Black and Blue, was a (relative)
disappointment in the sales department. It moved 1.6 million copies in its first
week of release, but failed to match the movement that was 1999's Millennium
(featuring "I Want It That Way," among other hits).
While even the 'N Syncers are out of sync these days, with Justin Timberlake
taking off for solo flight, the Backstreeters insist they're not done being
Backstreeters.
"The five of us are writing for our new CD and setting concert dates for our
upcoming worldwide summer tour," the band said.