GAMES: GameSpot: Best of 2008 | GameFAQs | SportsGamer MUSIC: Last.fm | MP3.com MOVIES: Metacritic | Movietome TV: TV.com
Wilson tops Love in Beach Boys' suit
By Jim Welte - MP3.com
May 15, 2007 at 11:23:00 AM | more stories by this author

Court rejects Mike Love's claims over a 2004 promo CD of rerecorded Beach Boys songs.

Mike Love's string of lawsuits against his former Beach Boys mates was dealt a blow late last week, as a federal judge dismissed his claims against Brian Wilson over a 2004 promo CD Wilson made of rerecorded Beach Boys songs.

The Beach Boys on the roof of the Capitol Records building The Beach Boys on the roof of the Capitol Records building

US District Judge Audrey Collins ruled that Wilson had not breached a fiduciary duty to Love, his cousin and one-time collaborator, both because he was not required to inform Love of the CD and that Love was unable to prove that a fiduciary duty even existed.

Love had filed the lawsuit in November 2005, claiming that a promotional CD of Beach Boys songs that Wilson had rerecorded "damaged existing and future sales of Beach Boys albums and tarnished the Beach Boys' trademark," according to the filing. The CD, entitled Good Vibrations, was inserted as a giveaway in the Sept. 26, 2004 edition of the UK newspaper Mail on Sunday.

The court had previously ruled on several aspects of the case, including those regarding the Mail on Sunday and its publisher. But Collins issued a new decision regarding Love's specific claim that Wilson had violated his fiduciary duty to Love.

In a stern, 17-page decision, Collins rebukes Love and states that any partnership they ever had was merely a collaboration and not a legal partnership, and that whatever business relationship the pair had ended in the 1960s.

"Most damaging to [Love's] case, when asked directly if he and [Wilson] entered into an oral partnership agreement, he simply states that they sat down and cowrote songs together and that they never entered into a formal agreement," Collins wrote. "Certainly [Love] and [Wilson] were collaborators, but [Love's] mere belief that they had a legal partnership and his repeated use of the term 'partnership' cannot substitute for evidence that a legal partnership in fact existed."

The case was one of a number that Love has filed against Wilson over the years, although this is the first time that Wilson won outright. In 1994, Love was granted $13 million for songs he claimed to have cowritten with Brian in the 1960s.

Love also sued former Beach Boy Al Jardine in 2003 over Jardine's use of the band's name in promoting his solo concerts. That case is expected to go to trial later this year.

Back to Today's News »

4 Comments

Oldest First | Newest First
my mom told me to
Posted 05/30/2009 3:38pm
Parle-moi un peu plus de vos sous-vetement.
Posted 05/24/2009 8:00pm
What a loser! Mike Love has already taken Brian to court several times {in the} past. His own cousin! Beach Boys albums are selling fine. I want to get the new cd released today. That's probably why this issue has made the news, the new cd.
Posted 05/15/2007 6:07pm
Mike Love is a no-talent jerk who keeps tarnishing the Beach Boys good name.
Posted 05/15/2007 2:54pm
Sign up now to post a comment!

Latest News

MySpace acquired Imeem MySpace acquired Imeem
MySpace will pay about $8 million for the music-focused social network. What this means is the number of places to obtain free music appears to be shrinking.

Picture Galleries

Related Artists

The Beach Boys The Beach Boys

Beginning their career as the most popular surf band in the nation, the Beach Boys finally emerged by 1966 as America's pre-eminent pop group, the only act able to challenge (for a brief time) the overarching success of the Beatles with both mainstream listeners and the critical community. From their 1961 debut with the regional hit "Surfin,"...

Brian Wilson Brian Wilson

Brian Wilson is arguably the greatest American composer of popular music in the rock era. Born and raised in Hawthorne, CA, Wilson formed the Beach Boys, with his two younger brothers, cousin Mike Love, and school friend Alan Jardine, and they became the most successful American rock band in history by performing his songs, which initially...

Mike Love Mike Love

Mike Love has been the lead singer of the Beach Boys since the group's formation in 1961. In that time, he is the only member of the group to stay with it consistently, on every recording, at every live performance. Love also wrote the lyrics to many of the band's biggest hits, a fact confirmed by the settlement of a lawsuit over songwriting...

Related Albums

The Beach Boys "Stars and Stripes, Vol. 1 - RIVER NORTH"
The Beach Boys
Brian Wilson "Gettin' in Over My Head"
Brian Wilson
Brian Wilson's spotted solo career hasn't seen many highlights. True, Beach Boys fanatics continue to follow his top-this solo tours, which began with the astonishment of merely seeing Wilson perform on-stage and crested with his live run-throughs of the Beach Boys classic Pet Sounds and the legendary Smile (which he'd disavowed on several...
"Looking Back with Love"
Mike Love

Tags

add
Data Warehouse Clear Gif