Features
Ozzfest Acts Sue Over PPV
Pantera, Godsmack, Static-X, Methods of Mayhem, Kittie, Disturbed, Slaves On Dope, and Soulfly joined Osbourne in the lawsuit against MCY, DirecTV and InDemand over what they deem as illegitimate use of live footage.
The bands claim the September footage was taped for a free webcast on MCY.com, but instead was used for a pay-per-view television event which debuted November 10th. Furthermore, they contend they were not compensated, nor did they grant rights for the broadcast.
The plaintiffs’ press release reads: “According to bands featured in the pay-per-view, MCY’s cavalier attitude and wanton disregard for artists rights is personified by the complaints quoted from MCY’s CEO, Larry Stessel: ‘Sue me, I don’t care. I’d rather be sued by the bands than DirecTV and InDemand – they have more money. By the time this suit comes to court, MCY will probably be out of business anyway.'”
MCY’s general counsel has said the quotes attributed to Stessel are “fabricated and are completely false.”
In a statement, the company said, “MCY’s contract with Osbourne Management and our rights to both the webcast and the broadcast are clear and unambiguous. MCY paid Osbourne Management for the pay-per-view rights to Ozzfest 2000 and Osbourne Management will continue to share in the proceeds of the pay per view. … However, we stand squarely by our contractual rights and will take whatever steps may be necessary to enforce them.”
The bands are joined in the action by Osbourne’s 15-year-old son, Jack, whose image was supposedly misappropriated.
The lawsuit is for, among other things, copyright infringement, trademark dilution and infringement, unlawful appropriation of names and likenesses, and irreparable damage to the reputation and violation of the bands’ artistic vision and creative control over the tour.