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Rocker Manson sues ex-bandmate's label over album artwork.


Gothic rocker Marilyn Manson
For his band, see Marilyn Manson (band).


Brian Hugh Warner (born January 5, 1969), better known by his stage name Marilyn Manson, is an American musician and artist known for his outrageous stage persona and image as the lead singer of the
 is suing a former band member's record label for alleged copyright infringement Noun 1. copyright infringement - a violation of the rights secured by a copyright
infringement of copyright

plagiarisation, plagiarization, piracy, plagiarism - the act of plagiarizing; taking someone's words or ideas as if they were your own
 after artwork in a book co-authored by Manson was used to promote 11-year-old recordings released on CD and companion DVDs.

The suit, filed in U.S. District Court in Los Angeles, seeks at least $500,000 in damages plus unspecified profits from the album and attorneys' fees, as well as an injunction preventing the sale of "Lunch Boxes & Choklit Cows," which was released April 20.

Manson, whose birth name is Brian Warner, claims in the suit that he owns the copyrights to the drawings and wants all CD sleeves and promotional materials bearing those images returned or destroyed.

"It's not the music on the CD that's the problem," said Allen Grodsky, a partner with Grodsky & Olecld LLP LLP - Lower Layer Protocol , the Santa Monica law firm representing Manson. "We're upset about the packaging, advertising, the DVD DVD: see digital versatile disc.
DVD
 in full digital video disc or digital versatile disc

Type of optical disc. The DVD represents the second generation of compact-disc (CD) technology.
 that is inserted. They can't sell that anymore and must pull it out of the stores."

The suit is the latest swipe in a legal feud that began in 1996 when Manson kicked former bandmate Scott Putesky out of the band they co-founded, Marilyn Manson & the Spooky Kids.

As part of an October 1998 settlement reached with Putesky, Manson waved all royalty rights to 21 early songs he sang (10 of which are on the new CD), said Richard Wolfe, a partner in Miami-based Wolfe & Goldstein, the firm representing Empire Musicwerks Inc., the label for Putesky's current band, the Spooky Kids.

Putesky, who goes by the stage name of Daisy Berkowitz, and was initially named in the new suit along with Empire, a division of Hallandale, Fla.-based Hot JWP JWP Jamhoori Watan Party (Pakistan)
JWP Joint Working Party
JWP Joint Warfare Publication
JWP Joint Warfighting Panel
 Music Inc. But his name was dropped last week.

Manson's current bandmate, Madonna Wayne Gacy Stephen Gregory Bier Jr., formerly known by his stage name Madonna Wayne Gacy, (born March 6, 1964, in Fort Lauderdale, Florida) is the former keyboard player for Marilyn Manson. , whose birth name is Stephen Bier bier  
n.
1. A stand on which a corpse or a coffin containing a corpse is placed before burial.

2. A coffin along with its stand: followed the bier to the cemetery.
, is also a plaintiff in the suit, which alleges the pair's privacy was invaded.

Lawyers for both sides acknowledge that the CD sleeve, insert and promotional materials were taken from Manson's 1998 book, "The Long Hard Road Out of Hell," co-written by Neil Strauss.

Putesky and Manson drew the cartoons together back in the early 1990s, according to Wolfe.

Lawyers for both sides are scheduled to appear June 7 in U.S. District Court in Los Angeles to argue Manson and Gacy's request for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
.

Wolfe added that Empire and Putesky would gladly remove the cartoons from future CD packaging and promotional materials to settle the matter, but the request for an injunction will be fought.
COPYRIGHT 2004 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:Up Front
Author:Greenberg, David
Publication:Los Angeles Business Journal
Date:May 24, 2004
Words:417
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