Agostino Carollo (Spankox) Sued

[Brian Quinn]

Please go to the following URL:

http://ipkitten.blogspot.com/2011/02/elvis-appears-in-court-which-is-more.html

Brian

[gunter]

I can't say I like the way EPE is doing business lately (in regard to The Final Curtain, their crappy website and 'memorabilia', the ultimate elvis imp contest etc.), but I hope they'll sue his *** off. That'll teach him!

[debtdbruno]

I'm not a fan per-se of remixes, but if it's done right.........and introduces Elvis to new, younger fans I'm all for it..............get with it EPE!!!!!

[Jungleroom76]

This is a tough one!! As much as I can't stand the way EPE does business, I can see their point that Spankox was releasing his remix CD's in England with the EPE logo on it, thus giving the false impression that these remix CD's were sanctioned by EPE. :hmm:

At least with the import (bootleg) stuff, it's pretty clear (most of the time) that those releases are not authorized by EPE and the majority of the people who buy those type of releases are "in the know", so to speak, so they are aware that EPE does not sanction them. ;)

Personally, I wish Spankox could win his case but unfortunately, I doubt he will... (n)

TCB!
Mike

[gunter]

Ok, it's probably just a matter of taste. But I don't think Spankox is such good publicity for Elvis. It's not only because of the 'You Give Me Fever' thing, his remixes were nothing more than mediocre at best. Even below most of the time. I agree that if it introduces Elvis to a newer and younger audience remixes can be a good thing, but there's far more better than Spankox! I just don't think that everybody should be allowed to do their own thing with Elvis' music. For me that is the biggest problem.

[Vegas69]

I like somes of the mixes but if he no have okay to put epe logo on there than shouldnt do that but didn the British courts set presedent with th ecours and epe when rule in favor of elvisly yours that you cant own an image and name?

[Brian Quinn]

Just found the following also:

Lawsuit Details
RFC Case Number: T-E11-50B
Court Case Number: 4:11-cv-00050-SPM -WCS
File Date: Wednesday, February 02, 2011
Plaintiff: Elvis Presley Enterprises Inc.

Plaintiff Counsel:
Defendant: Bud Glass Productions

Cause: 15:1114 Trademark Infringement
Court: Florida Northern District Court
Judge: Chief Judge Stephan P. Mickle
Referred To: Magistrate Judge William C. Sherrill, Jr.

Unfortunately I do not know what this refers to.

Brian :hmm:

[Albert]

This is a tough one!! As much as I can't stand the way EPE does business, I can see their point that Spankox was releasing his remix CD's in England with the EPE logo on it, thus giving the false impression that these remix CD's were sanctioned by EPE. :hmm:

At least with the import (bootleg) stuff, it's pretty clear (most of the time) that those releases are not authorized by EPE and the majority of the people who buy those type of releases are "in the know", so to speak, so they are aware that EPE does not sanction them. ;)

Personally, I wish Spankox could win his case but unfortunately, I doubt he will... (n)

TCB!
Mike

As if I was reading my own thoughts :D

[KPM]

I can understand what they are doing, you just can not allow people to decide to use something that you have fought hard to retain exclusive to your company-thats just the way it is. The Colonel would not have allowed it.... thats why we have copywrite laws and patents to protect from unauthorized use.
I am not a fan of just "anyone" deciding to do remixes of Elvis music and more and more overseas "anyone" is doing just that.
Some of the attempts I have liked, but many are just terrible.
Its a fine line between a good remix which retains much of the intent of the original and a bad remix which is remixed for the purpose of being "hugely different" from the original.
This suit is really not about the content-that would be a matter for Sony and its copywrite lawyers but since the 50 year limit has been reached for many of the original Elvis hits-not much can be done unless they get the copywrite laws changed.

[Jungleroom76]

Just found the following also:

Lawsuit Details
RFC Case Number: T-E11-50B
Court Case Number: 4:11-cv-00050-SPM -WCS
File Date: Wednesday, February 02, 2011
Plaintiff: Elvis Presley Enterprises Inc.

Plaintiff Counsel:
Defendant: Bud Glass Productions

Cause: 15:1114 Trademark Infringement
Court: Florida Northern District Court
Judge: Chief Judge Stephan P. Mickle
Referred To: Magistrate Judge William C. Sherrill, Jr.

Unfortunately I do not know what this refers to.

Brian :hmm:

I just found out what this refers to...it was posted on Elvis.com this morning:

Elvis Presley Enterprises Takes Legal Action Against Global Bootleg Ring

February 07, 2011

Elvis Presley Enterprises took swift action to stop the commercial sale and distribution of a DVD/CD set which included recordings and audiovisual footage of Elvis Presley concert performances. Working with a team of investigators across three continents, EPE was able to track down the individuals they believe to be behind the release and distribution of the box set.

As of today, EPE has begun action in the Chancery Division of the High Court, England and Wales, against Joseph Pirzada, the alleged source of the infringing materials in the box set. On an order from the High Court, on January 25, 2011, EPE lawyers and computer experts were authorized to search Mr. Pirzada's home for evidence of the sale and distribution of the box set. The evidence uncovered led to the filing of a lawsuit against Mr. Pirzada for copyright infringement.

On February 2, 2011, EPE also filed a lawsuit in the United States District Court, Northern District of Florida, against Bud Glass, an Elvis Presley memorabilia collector, for the alleged illegal sale and distribution of the box set in the United States.

EPE is currently reviewing the evidence and considering filing additional lawsuits against other individuals responsible for the manufacture, sale, and release of this particular box set as well as other bootleg recordings and merchandise.

It will be interesting to see what happens with all of this... :hmm:

TCB!
Mike

[sasha]

February 08th 2011
EPE WIN CASE AGAINST SPANKOX - He became the first person to be officially
endorsed by EPE with his release of 'Baby Let's Play House' back in 2008 which lead to two
remix albums again with the full backing of EPE. However, now in 2011and EPE have been
awarded summary judgment against Agostino Carollo (DJ Spankox) in the Chancery Division
of the High Court of England and Wales.

Mr. Carollo requested permission from EPE to create a remix album of Elvis Presley
Christmas classics. While the parties had entered into an agreement with respect to Mr.
Agostino's first album of Elvis Presley remixes and a follow-up album, EPE advised Mr.
Carollo that it would not support nor endorse such a Christmas remix album.

Nevertheless, Mr. Carollo released the Christmas remix album which included EPE's
trademarks, logos, and photographs.

In June 2010, EPE sued Mr. Carollo for “breach of their previous contracts, trademark
infringement and passing off.” On Feb 1, 2011, the Chancery Division of the High Court
agreed with EPE's legal arguments and awarded EPE a summary judgment.

As part of this summary judgment order, Mr. Carollo is restrained from continuing to infringe
EPE's trademarks and ordered to pay to EPE monetary damages and attorney's fees.
This is one of many legal actions that EPE has undertaken that show the company’s
dedication to protecting its intellectual property.

[KPM]

I guess they gave their blessing for him in 08 to use their "logo" which gave his releases more credibility-but unless he had it in writing that he could continue to use their logo on his future releases-that blessing was just temporary at the discretion of EPE.
I would bet that EPE was asked by Sony to not give any legitimacy to the Christmas remixes since Sony already had the Christmas Duets remixes on the market and they did not want competition.
If the original Christmas music had not hit the 50 year copywrite end-he would not have been able to remix them and Sony could have sued if he had tried before the 50 years was up......this was a way to actually put everyone on notice that if there is a way to stop unauthorized remixes it will be done in the future.
I'm afraid that as every year a new set of songs hits the 50 year mark more and more people will start messing with Elvis songs, drawing away sales from Sony (and Elvis's official record sales) and the majority will be fair to poorly done which can not bring any praise to the original songs.

[sasha]

The material which EPE are seeking legal action for is not
the audio concerts or the 8mm fan filmed footage and neither is it the book. But what EPE are
targeting is the raw film footage from the Omaha and Rapid City concerts and the CBS TV
Special, 'Elvis In Concert' which they say they own the copyrights on the materials.

Jack Soden, CEO of EPE said, "Elvis Presley Enterprises will not tolerate infringement of our
intellectual property rights".

[KPM]

The material which EPE are seeking legal action for is not
the audio concerts or the 8mm fan filmed footage and neither is it the book. But what EPE are
targeting is the raw film footage from the Omaha and Rapid City concerts and the CBS TV
Special, 'Elvis In Concert' which they say they own the copyrights on the materials.

Jack Soden, CEO of EPE said, "Elvis Presley Enterprises will not tolerate infringement of our
intellectual property rights".
That is understandable-they own it, it is their property no matter how many people may want to see it.
People, companies, groups...... have got to fight for things like this-or else nothing that we all may own the rights to is safe from usage by others without consultation or compensation.
For years before EPE pioneered the copyright laws on deceased celebrities the families of people like James Dean, Valentino, Harlow, Monroe etc....were ripped off every year after their deaths by companies big and small using their likeness, image and unprotected work in ads to promote some product or to sell trinkets with their likenesses, posters, books, albums, plates, you name it............its is not right nor fair IMO
As much as I like to see Elvis-I just do not feel it is right to use any material which you do not legitimately own as governed by law-that is a protection which benefits all who create anything of artistic value, or may someday want to. Sorry to get on a soapbox:blush:

[sasha]

From Commercial Appeal: Feb.8,2011

– Andy Meek
Lawsuits in Fla., England Related to Elvis Music Memphis-based Elvis Presley Enterprises said it’s suing men in Florida and England on claims of copyright infringement and illegal sale of a DVD and CD box set of recordings and footage of the singer’s performances.
The Memphis-based company said it filed a copyright infringement lawsuit in the Chancery Division of the High Court in England and Wales against Joseph Pirzada, alleging he is the source of the box set.
The set includes footage from a 1977 television special called “Elvis in Concert” and raw footage of Elvis in Omaha, Neb., and Rapid City, S.D., reported the company, which owns copyrights on those materials.
Company lawyers and computer experts, with authorization by the court, searched Pirzada’s home Jan. 25 for evidence of the sale and distribution of the set.
An e-mail sent Wednesday to a recording company that lists Pirzada as its owner was not immediately returned.
On Feb. 2, Elvis Presley Enterprises sued Bud Glass, who has previously published an Elvis book and DVD series, on claims he illegally sold and distributed the Pirzada box set in the United States.
An e-mail sent to Bud Glass Productions on Tuesday afternoon was not immediately returned. The lawsuit was filed in U.S. District Court in the Northern District of Florida.
The company said it’s considering filing additional lawsuits against others involved the manufacture, sale, and release of the box set and other bootlegs.