Mike Love to pay over $500,000 to Brian Wilson

[peerke]

http://www.b104fm.com/rock_report.htm
 
MIKE LOVE ORDERED TO PAY BRIAN WILSON OVER $500,000 IN LEGAL FEES

Brian Wilson has won a victory against his cousin and Beach Boys co-founder Mike Love in their latest legal skirmish. According to Los Angeles Superior Court documents dated September 7th, U.S. District Judge Audrey B. Collins ruled that Love is responsible to pay Wilson $518,000 in legal fees, with an additional $208,000 to his co-defendants in his copyright infringement suit against them.


The decision is the latest chapter in Love's prolonged lawsuit against Wilson due to a "freebie" CD that was briefly given out to British newspapers, featuring Wilson's recent live versions of Beach Boys classics. Love's suit dealt with the specific fact that his image, along with the other Beach Boys, was used on the promotional CD.

In addition, Love was ordered to pay Wilson's co-defendant and biographer David Leaf $59,000 in legal fees, and Sanctuary Records $149,264 for their respective defense fees. The legal fees of Wilson's co-manager Jean Sievers and her associated companies the Lippin Group and Soop, LLC are included in the $518,000 payout due Wilson.

In the decision, the court found that three of Love's claims against Wilson and his co-defendants for copyright infringement "were groundless and unreasonable" and noted that defendants were forced to defend themselves against "an over-pled complaint packed with a barrage of convoluted allegations."

Although Love can legally appeal the decision, he must first post a substantial bond, which would include the full $726,424.00, plus interest, to avoid Wilson and the other plaintiffs executing the Superior Court decision.
Love and Wilson, who are first cousins, have a long history battling each other in the courts. Love won a 1993 libel suit against Wilson for disparaging remarks made against him in Wilson's heavily ghost-written autobiography, titled Wouldn't It Be Nice.

In 1994, Love sued and won half of Wilson's $10 million settlement against music publishers Irving Almo Music, who had purchased Wilson's pre-1969 songwriting catalogue. Wilson had alleged that at the time, his father Murry sold the catalogue without his permission.

As part of the ruling in his case against Wilson, Love was officially awarded co-credit for 39 songs, including "California Girls," "I Get Around," "Wouldn't It Be Nice," "Help Me, Rhonda," "Dance, Dance, Dance," "When I Grow Up (To Be A Man)," and many more.

Love, Wilson, Al Jardine, and the estate of the late Carl Wilson are still partners in the Beach Boys' corporation, Brother Records Inc (BRI).

Love, who tours with longtime bandmate Bruce Johnston, holds the exclusive right to tour under the Beach Boys name, with all the BRI partners receiving a percentage from Love's multi-million dollar tour revenue.

[SloopJohnB]

Take THAT Mike! 

[Steve Mayo]

about damn time...................


hooray for brian, david and the record company.

[Eric Aniversario]

I sure hope he just pays it without appealing.  If he lets this one go, then there's only his suit with Al that has to be decided in February (?), and then the Beach Boys will be litigation-free for the first time in ages.

[Fun Is In]

Those lawyer fees add up quickly and steeply, I guess.

[Reggie Dunbar]

Half a Mil is a drop in the bucket when you owe your entire pre - "Kokomo" career to
Brian...insert  "never bite the hand that feeds you" or other appropriate greed - based metaphor
here. Ha Ha Ha.   

[Uncomfortable Seat]

Where would Brian Wilson be if the Beach Boys had never existed?

[oldsurferdude]

I sure hope he just pays it without appealing.  If he lets this one go, then there's only his suit with Al that has to be decided in February (?), and then the Beach Boys will be litigation-free for the first time in ages.

Perhaps we shouldn't assume anything regarding litigation as long as Mike Love is alive and kickin'-don't think he hasn't got his lawyers out there looking for anything they can find-litigation, like being a full time jerk, is a staple in his everyday existence.

[pixletwin]

Where would Brian Wilson be if the Beach Boys had never existed?

As much as I dislike Mike Love, you're right. Though his 60's dancing is embarrassingly BAD to watch now, he was the front man and his voice was the one most people seem to have identified the Beach Boys with.

Still I'm glad to see the law stick it to him for Brian and the others in that law suit. 

[Ron]

I have no problem with Mike, I like a lot of things about him and usually even can see his point of view on some of his legal crap, but I'm happy that he's getting burnt a bit here.  It was a frivelous lawsuit and at even the most basic level was extremely awfully timed, he sued Brian right in the middle of the swansong he received after debuting the SMiLE show, even if he felt slighted he should have just let it go. 

I also think it's funny that the article mentions that Brian and Mike have a long history of battling 'each other' in court, but then lists about 5 or 6 times that Mike's sued Brian, not the other way around. 

[Pretty Funky]

In the decision, the court found that three of Love's claims against Wilson and his co-defendants for copyright infringement "were groundless and unreasonable" and noted that defendants were forced to defend themselves against "an over-pled complaint packed with a barrage of convoluted allegations."

So in theory, could Brian now sue Mike?

[Jon Stebbins]

Where would Brian Wilson be if the Beach Boys had never existed?

I truly doubt he'd have been as famous or wealthy. But he might have been happier.

[Pretty Funky]

In his life-time, now or both?

[pixletwin]

Where would Brian Wilson be if the Beach Boys had never existed?

I truly doubt he'd have been as famous or wealthy. But he might have been happier.

I agree with that. I think the whole Wilson family would have been much happier (at least Brian, Dennis, and Carl) had they not gotten famous.

[Jim McShane]

Where would Brian Wilson be if the Beach Boys had never existed?

That's the classic "straw-man" question.

As long as we're dealing in hypotheticals, who's to say the "Beach Boys" wouldn't have come into existence without Mike? That's hardly implausible. I think I'm on safe ground saying that while all the BBs were contributors - and the whole is greater than the sum of the parts  - the one indispensible part was Brian.  Not Mike.

I'm glad he's (Mike) getting a taste of what he's so fond of dishing out.

[c-man]

Where would Brian Wilson be if the Beach Boys had never existed?

That's the classic "straw-man" question.

As long as we're dealing in hypotheticals, who's to say the "Beach Boys" wouldn't have come into existence without Mike? That's hardly implausible. I think I'm on safe ground saying that while all the BBs were contributors - and the whole is greater than the sum of the parts  - the one indispensible part was Brian.  Not Mike.

I'm glad he's (Mike) getting a taste of what he's so fond of dishing out.

BUT...would they have been "The Beach Boys" without DENNIS ? 
And would they have played ROCK 'n" ROLL without CARL and DAVID ?
And would they have had their trademark vocal sound without AL being added to the family blend?
Brian would probably have put together a musical group of some sort, and maybe gone on to write film scores (as some have suggested).  But it probably woudn't have been a singing rock 'n' roll surf band!
And would it have been SUCCESSFUL without MURRY?

Haven't we done this kind of speculation before (more than once)? 

[♩♬🐸 Billy C ♯♫♩🐇]

Yeah, but it's fun.

[MBE]

Mike deserved the 1994 win but every last one of his subsequent lawsuits have been stupid. I like Mike in some ways but his lawsuits are ridiculous. As far as the group without Mike it wouldn't have been the same. They may have been good, but I doubt Brian alone would have been able to be as commercial. Mike hasn't got the talent of the Wilson's at all but he is as important in regards to the Beach Boys success with the public.

[shelter]

and then the Beach Boys will be litigation-free for the first time in ages.

I'm sure Mike will think of a new reason to sue someone soon enough.

[shelter]

And would it have been SUCCESSFUL without MURRY?

No.

[Bicyclerider]

Hopefully this judgment will help curtail Mike's propensity to sue anything and everybody over stupid merda without any legal merit.  If there's one thing that mike can understand, it's that if it's going to cost him a boatload of money to file frivolous suits, then he probably should think twice before doing it.

AS for where Brian would be without Mike - Brian was doing extracurricular (outside of the BB) recording back in 1963, he would have produced songs with other artists and no doubt formed a group (the Survivors?) to feature his own singing and playing.  I have no doubt he would have been very successful - not in the same way as the Beach Boys perhaps, but successful just the same.

[Magic Transistor Radio]

I know that Brian wasn't very fond of Dennis (on a musical level) in the early 60s. But I was just wondering, if Dennis became the Beach Boys lead singer instead of Mike. Maybe that would have given them a better chance to survive the late 60s.

[Dancing Bear]

I know that Brian wasn't very fond of Dennis (on a musical level) in the early 60s. But I was just wondering, if Dennis became the Beach Boys lead singer instead of Mike. Maybe that would have given them a better chance to survive the late 60s.

In the early-mid sixties Dennis sounded like Mike, but with a heavy cold (Catch a Wave). You could say that if he had sung lead in half the first album he would have felt the need to improve faster. What ifs...

[Dr. Tim]

In the decision, the court found that three of Love's claims against Wilson and his co-defendants for copyright infringement "were groundless and unreasonable" and noted that defendants were forced to defend themselves against "an over-pled complaint packed with a barrage of convoluted allegations."

So in theory, could Brian now sue Mike?

Short answer, no need.  The counsel fee award has the effect of a judgment and has been entered as such.

[warnakey]

...I'm sort of hoping the same thing will happen to Bruce Johnston.

Maybe he'll stop suing people then.