December 19, 2006 at 08:39:00 AM | more stories by this author
Members of Led Zeppelin, The Doors, Grateful Dead, and Carlos Santana join up in suit against San Francisco-based rock memorabilia site.
Six weeks ago, Bill Sagan opened a virtual treasure trove of classic rock concert recordings on his Web site, Wolfgang's Vault.
Some of rock-and-roll's biggest names went to court yesterday to close that vault until Sagan gets their permission to stream their concerts from his site.
Members of Led Zeppelin, The Doors, Grateful Dead, and Carlos Santana sued Sagan and Wolfgang's Vault for copyright violation yesterday, saying that although the site is streaming the concert recordings for free, it is making money based on the sale of related and unauthorized concert posters and rock memorabilia.
"Sagan simply doesn't have the legal rights to exploit and profit from the extraordinary success of these musicians," Jeff Reeves, who represents the artists, said in a statement.
Sagan acquired the recordings, which are the personal archives kept by legendary concert promoter Bill Graham, from Clear Channel Entertainment for $5 million more than three years ago. Graham, whose given name was Wolfgang Grajonca, died in 1991.
The vault of recordings includes concerts from each of the plaintiffs, as well as Bob Marley, The Who, Bob Dylan, Jimi Hendrix, Neil Young, Allman Brothers Band, Bruce Springsteen, Stevie Wonder, Miles Davis, David Bowie, Black Sabbath, and dozens of others.
Wolfgang's Vault began streaming the concerts in early November, with the intention of streaming them for free until it finalized negotiations for recordings and downloads.
But the 28-page lawsuit, filed in federal court in San Francisco, claims that the recordings are used to stimulate sales of the other products on the site, including posters, apparel, and concert T-shirts. The complaint says that Graham himself did not have the right to sell, reproduce, or otherwise exploit these materials as a promoter, therefore neither does Sagan.
The plaintiffs are seeking the seizure and return of the recordings, damages, and profits Sagan has made, plus a permanent injunction barring him from selling items or streaming recordings.
A spokesperson did not return a call seeking comment.





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