Legal Malpractice

Sly and the Family Stone's Legal Malpractice Case

By (Andrew Lavoott Bluestone)

Still popular, and still selling records, Sly and the Family Stone were the subject of a film.  Unfortunately, the film and use of many recordings was without out their consent.  Potential litigation followed.  Problem?  While the attorneys were negotiating and battling from their offices, they allowed the statute of limitations to run. 

Thus, EVEN STREET PRODUCTIONS, LTD., Plaintiff, v. SHKAT ARROW HAFER & WEBER, LLP., Defendant.

05 CV 3834 (DAB)   UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK   2008 U.S. Dist. LEXIS 42397 May 29, 2008, Decided .

"Plaintiff Even Street Productions is a corporation incorporated in the State of New York. (Am. Compl. P 1.) Its principal place of business is likewise located in New York County, New York. (Id.) Plaintiff is the assignee of all the rights and interests of the musical career of Sylvester Stewart, professionally known as Sly Stone. (Id.) [*2] These rights and interests include, but are not limited to, his rights and interests as a composer, publisher, recording artist and entertainer. (Id.) Plaintiff is likewise the assignee of the rights and interests of Frederick Stewart, Rose Stewart, Cynthia Robinson, Larry Graham, Greg Errico and Gerald Martini with respect to their past activities as members of the musical group Sly and the Family Stone. (Id.) Plaintiff benefits from royalties and income generated by the exploitation of compositions written by Sylvester Stewart, and from royalties on the sale and exploitation of master recordings made by Sly and the Family Stone. (Am. Compl. PP 2, 3.)

Defendant Shukat Arrow Hafer & Webber, LLP., is a limited liability partnership practicing law; its principal office is in New York County, New York. (Compl. P 5.)

In 2000, Diamond Time Ltd. and New York Times Television produced a documentary titled Jimi and Sly: The Skin I'm In. (Compl. P 11.) This documentary was broadcast on the cable television network Showtime on September 17, 2000 and on at least two other occasions, in September and October of 2000. (Compl. P 13.) The documentary incorporated, without the authorization or permission [*3] of any of the rights holders, 39 musical compositions (the "Compositions") and 10 master recordings (the "Master Recordings") made by Sly and the Family Stone, as well as several film clips containing the image and likeness of Sly and the Family Stone. (Compl. P 12.) All the Master Recordings were and are the exclusive property of Sony Music Entertainment, Inc. ("Sony"). (Compl. P 6.) Copyrights in all the Compositions were and are owned by Mijac Music and administered by Warner/Chappell Music, Inc. ("Warner/Chappell") (Compl. P 4.) "

Full post as published by New York Attorney Malpractice Blog on June 03, 2008 (boomark / email).