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The Litigious Allman Brothers: Is It Too Late?

Tuesday, August 12, 2008
by  presnikoff

The Allman Brothers recently lobbed another lawsuit at Universal Music Group, alleging unpaid royalties across a variety of formats.  But is the group suing too late in the game?  Earlier this year, the group was handed a quick defeat at the hands of UMG, thanks to a statute of limitations related to royalty audits dating back to 2001-3. 

In quick order, the presiding judge tossed the case, based on contractually-stipulated time limitations for auditing royalties.  "The Allman Brothers Band's contract with UMG Recordings, Inc. required UMG Recordings, Inc. to render semi-annual royalty statements to The Allman Brothers Band," UMG representing firm Jenner & Block LLP penned shortly after the decision.  "The Agreement stated that if the band did not file written objections to the statements within two years from the date the statements were rendered, they would be deemed incontestable."

Now, the question is whether similar limitations are working against the band in its current lawsuit.  The recent complaint does not squarely address that issue, though the band could face difficulties pursuing claims on earlier royalty payouts.



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