RANDY RHOADS' Family Sues Margolis and Klein

Talk about Randy Rhoads here.

Moderators: Randy Perry, The Flying Dutchman, Stiltzkin, skezza, Trigger

Sky
Madman
Posts: 414
Joined: Sun Sep 05, 2010 11:43 am

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by Sky »

RRFan4Ever wrote:
Sky wrote:
As far as I know, Margolis and Klein formed Velocity with the sole purpose of publishing the RR book. Most of the material in that book was acquired during the filming of the documentary.
Sky
Thank you for the insight, Sky.
You're welcome.
"Truth is like the sun. You can shut it out for a time, but it ain't goin' away." - Elvis Presley
User avatar
GUITARIDOL5682
Mass Poster
Posts: 4756
Joined: Thu Jul 13, 2006 1:42 pm

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by GUITARIDOL5682 »

Hi Troy, Yeah i understand that Getty Images is a photo pool for old stock photos and some photographers have hung up their cameras. But they would of still had to go about the proper channels to use the photos in the book. I know one of the contributors and he was asked about using his material via email and he went ahead and his photos look amazing in the book. OK some of the people who got involved in the doc/book didn't have a smooth ride. If nothing become of the book or the so called doc, would the fans still be moaning and whining on. 'Us' poor fans get fuck all out of the Rhoads legacy. Which i'm sick of hearing about, if it was all out there! for free, they'd still be crying for more. Margolis & Klein didn't have to do any of this, but as fans they went out and gathered the info for the doc/book. The doc didn't happen because of costs or the dissapproval of the family. But out of the doc we ended up with a great book. But the idea of this going to court is laughable. The Rhoads have no idea what good the book is doing for Randy's legacy.. It's better then an over priced guitar or a bottle of wine, i'm sure this has left the Rhoads with a bitter pill to swallow. But for the wrong reasons, they are feeling left out of a project which isn't making Klein & Margolis millionaires. They'll be lucky if they get back the money they've put into both projects. But regardless of it being a 'money making project'. We have a great book to own, which is worth every penny spent.
Stiltzkin
Moderator
Moderator
Posts: 2079
Joined: Sun Feb 26, 2006 11:29 am
Location: Sweden

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by Stiltzkin »

GUITARIDOL5682 wrote:The Rhoads have no idea what good the book is doing for Randy's legacy
they have no idea on how to preserve his legacy altogehter :!:
shawn
Cool Member
Posts: 268
Joined: Fri Mar 26, 2010 11:06 pm

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by shawn »

RRFan4Ever wrote:You know what's probably a basis for this litigation is that even though someone may own a patent on an image, they don't necessarily have the right to publicity of the person depicted in that image without a release from the estate, if the person in question is dead. I assume, and don't know why it is, that it's entirely different for use of publicity for not-dead people- given all the images sold and exchanged on the tabloid market.

This will be an interesting case to watch for many, and not just us UR posters, either.
The contract that RhoadsRockPhotographer posted explicitly states that they are not legal liable for any material provided to them by the signer, which they take to mean, if they use any material provided to them the person that provided it is the one that will be held accountable during any litigation.

Here you go.
DAKOTA PICTURES PHOTOGRAPHY/ARTWORK/PROPS/SET DRESSING RELEASE wrote:The undersigned agrees to indemnify, defend and hold DP, its licensees and assigns harmless from and against any claims, damages or expenses (including reasonable costs and attorney’s fees) arising out of a breach or alleged breach of the representations or warranties provided herein.
As a matter of fact they believe the person that provided the material is liable in any proceedings brought against Dakota.
User avatar
RRFan4Ever
Madman
Posts: 338
Joined: Wed Feb 01, 2012 9:09 pm

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by RRFan4Ever »

shawn wrote:
RRFan4Ever wrote:You know what's probably a basis for this litigation is that even though someone may own a patent on an image, they don't necessarily have the right to publicity of the person depicted in that image without a release from the estate, if the person in question is dead. I assume, and don't know why it is, that it's entirely different for use of publicity for not-dead people- given all the images sold and exchanged on the tabloid market.

This will be an interesting case to watch for many, and not just us UR posters, either.
The contract that RhoadsRockPhotographer posted explicitly states that they are not legal liable for any material provided to them by the signer, which they take to mean, if they use any material provided to them the person that provided it is the one that will be held accountable during any litigation.

Here you go.
DAKOTA PICTURES PHOTOGRAPHY/ARTWORK/PROPS/SET DRESSING RELEASE wrote:The undersigned agrees to indemnify, defend and hold DP, its licensees and assigns harmless from and against any claims, damages or expenses (including reasonable costs and attorney’s fees) arising out of a breach or alleged breach of the representations or warranties provided herein.
As a matter of fact they believe the person that provided the material is liable in any proceedings brought against Dakota.
I see that, but aren't they (DP) still ultimately responsible for the publicity, invasion of privacy, etc? Is that contract even legal?
If someone thinks that love and peace is a cliche that must have been left behind in the Sixties, that's his problem. Love and peace are eternal. John Lennon
shawn
Cool Member
Posts: 268
Joined: Fri Mar 26, 2010 11:06 pm

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by shawn »

RRFan4Ever wrote: Is that contract even legal?
I showed that my mate, who is a lawyer, last night over some beers he actually laughed. When I explained the story he said he couldn’t comment on how it would hold up in an American court. Though he believes it is bullshit, that is my interpretation of his words, he said something a wee bit more flowery.
User avatar
RhoadsRockPhotographer
Cool Member
Posts: 247
Joined: Wed Mar 04, 2009 8:39 pm

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by RhoadsRockPhotographer »

GUITARIDOL5682 wrote:The doc didn't happen because of costs or the dissapproval of the family.
It DIDN'T HAPPEN because it was a team of HACKS undertaking it.

Excuse after excuse after excuse after excuse.

Threat after threat after threat.

THE END.
User avatar
RRFan4Ever
Madman
Posts: 338
Joined: Wed Feb 01, 2012 9:09 pm

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by RRFan4Ever »

RhoadsRockPhotographer wrote:
GUITARIDOL5682 wrote:The doc didn't happen because of costs or the dissapproval of the family.
It DIDN'T HAPPEN because it was a team of HACKS undertaking it.

Excuse after excuse after excuse after excuse.

Threat after threat after threat.

THE END.
Excellent summation, RRP.

From what I understand the bios and QR dvd were beautiful, outstanding, professional, stellar- anyone that opened either bio had nothing short of sublime reviews about the amount of professionalism that went into each unit.

The question I cannot stop asking is WHY was the doc itself was such a half ass, pieced together, "abysmal" and poorly edited tabloid? IMO it was meant to piss the estate off enough to shut it down, thus releasing their contractual obligation to deliver it.

If these "professionals" weren't pricks to the family and the fans, I'd buy both bios. But instead, I think I'll contribute to the Rhoads scholarship.

I don't begrudge anyone that buys either/both product nor do I begrudge anyone making a profit from professional work- but the series of fiascoes that ensued as a result of their undertaking and its damage to Randy's legacy ought to be compensated. THEN I'll buy both bios gladly.

A public apology to the family would be nice, too- for dragging the Rhoads' name thru the mud, but I sincerely doubt that would ever happen. Not in any universe, at any point in perpetuity.
Last edited by RRFan4Ever on Sat Feb 09, 2013 11:40 pm, edited 1 time in total.
If someone thinks that love and peace is a cliche that must have been left behind in the Sixties, that's his problem. Love and peace are eternal. John Lennon
User avatar
RRFan4Ever
Madman
Posts: 338
Joined: Wed Feb 01, 2012 9:09 pm

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by RRFan4Ever »

shawn wrote:
RRFan4Ever wrote: Is that contract even legal?
I showed that my mate, who is a lawyer, last night over some beers he actually laughed. When I explained the story he said he couldn’t comment on how it would hold up in an American court. Though he believes it is bullshit, that is my interpretation of his words, he said something a wee bit more flowery.
I'm not a lawyer, but it strikes me that they knew what they were doing as they were going along and tried to assemble a series of legal loopholes to congest any potential litigation with. My buddy has a practice in estate and business/civil lit, when he gets back to me with his reply, I'll be sure to share it. Although it's not CA law that he's in, I'm sure he can accurately gauge what, if any, legal merit that "contract" may have. I think that this contract was pulled out of someone's ass, I wonder if it's standard use for DP- or if PM wrote that himself.

I've googled various license agreements and they ranged from 5-9 pages; things like compensation, default, subletting of said works, etc were specific and covered in detail- not to mention granted a limited area for which the works was licensed and for a certain amount of time. Huge difference.
If someone thinks that love and peace is a cliche that must have been left behind in the Sixties, that's his problem. Love and peace are eternal. John Lennon
shred2
Junior Member
Posts: 24
Joined: Thu Jan 10, 2013 8:31 am

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by shred2 »

Sounds like those hacks made a pretty nice book.
User avatar
RhoadsRockPhotographer
Cool Member
Posts: 247
Joined: Wed Mar 04, 2009 8:39 pm

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by RhoadsRockPhotographer »

shred2 wrote:Sounds like those hacks made a pretty nice book.
Still waiting for you to address this

viewtopic.php?f=3&t=8073&p=79688#p79688

Of course you won't ...

*****************************************************************


Sounds like Steven Rosen put together a nice book, which is why his name is FIRST LISTED in the authoring credits.
About the Author

Steven Rosen is a professional music journalist with a career spanning over 37 years. During this period, he has published well over 1,000 articles appearing in major periodicals originating from around the globe. Everywhere from the United States and Canada to Japan, Germany, France, Spain, Italy, England, Australia, Brazil and even Katmandu. Amongst the publications Rosen s work has appeared in are Guitar Player, Guitar World, Guitarist, Rolling Stone, Los Angeles Times, Playboy, Musician, US, Creem, Circus, Player, Total Guitar, Classic Rock, Mojo, Roadie Crew, This Is Rock, Rhythm, Drum! and a myriad of others. He is also a main contributor to the influential music site, Ultimate-Guitar. He was the West Coast correspondent for Guitar World magazine for four years during the seminal mid- 80s when he wrote seven cover stories (three lead features on Edward Van Halen are now recognized as pivotal pieces on that artist). As a contributor to Guitar Player magazine, he wrote a prodigious 16 covers in a six-year span (one out of every four was his). The 1977 Frank Zappa front-cover contribution represented the periodical s biggest selling issue to that date. Additionally, GP, in two special reprint issues, utilized his stories on Jeff Beck and Jimmy Page as cover material (Rock Guitarists published by Guitar Player Productions and Rock Guitarists Vol. II distributed by Guitar Player Books). He served as West Coast Editor for Fachblatt, one of Germany s most respected and highest circulated magazines (during his tenure, more than half of the cover features were Rosen-based compositions). He currently lends his hand to Player, a Japanese periodical employing his services for over 30 years. A recognized authority on the eclectic world of rock, Rosen has been tapped six times to write books on some high-profile individuals (including one book on the history of rock for children). His first book was The Beck Book on guitarist Jeff Beck that required a second printing due to the crazed demand (published in Japan in 1978). The Artist Formerly Known As Prince was part of the Rock Lives series orchestrated by Castle Communications and distributed by The Penguin Group (1995). Bruce Springsteen, an eponymous-titled bio published by Castle Communications was also part of the Rock Lives series (1995). The Story of Black Sabbath: Wheels Of Confusion was a book on the classic metal band that is now in its third printing (1996). Free At Last: The Story of Free and Bad Company was published in 2001. In 2008, he wrote The Story of Rock Music, a book on the history of rock music for children. In 2011, Rosen collaborated with Andrew Klein to pen an extensive biography of the late Randy Rhoads. The iconic Quiet Riot / Ozzy Osbourne guitarist perished in an airplane accident in 1982, just as his star began to shine.
Q: Why did they even need Steven Rosen's participation?

A: To insure it was completed before 2020, among other reasons.
User avatar
camdenlp
Cool Member
Posts: 274
Joined: Tue Feb 21, 2012 3:24 am

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by camdenlp »

RhoadsRockPhotographer wrote:I find it quite interesting that your ENTIRE posting history exists in this thread and this thread ONLY.

Not one other post on the whole board you've found interesting enough to give your .02 on?

Co-ink-e-dink?

Probably not.


Image
RRP, you're not the only one who noticed this... Sure sounds fishy doesn't it?
User avatar
randy will never die
Mass Poster
Posts: 1033
Joined: Thu Jan 12, 2012 5:11 am
Location: clinton,Iowa USA

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by randy will never die »

:x :x :x :x :x everybody needs to stop hating each other its realy starting to get old

IF YOU DONT AGREE ON SOMETHING THATS FINE BUT DONT START A FUCKING WAR.....
KEEP IT TO YOUR SELF

THIS SITE WAS ABOUT RANDY BUT THE LONGER I STAY THE MORE AND MORE I REALIZE THAT ALL OF YOU PEOPLE JUST WANT TO KILL EACH OTHER
he said this
she said that
your wrong
no your wrong
i mean realy people fucking grow some balls and grow up
:x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x :x
User avatar
randy will never die
Mass Poster
Posts: 1033
Joined: Thu Jan 12, 2012 5:11 am
Location: clinton,Iowa USA

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by randy will never die »

i am starting to under stand why paul left in the first place
Stiltzkin
Moderator
Moderator
Posts: 2079
Joined: Sun Feb 26, 2006 11:29 am
Location: Sweden

Re: RANDY RHOADS' Family Sues Margolis and Klein

Post by Stiltzkin »

randy will never die wrote:i am starting to under stand why paul left in the first place
which time are you talking about? he always came back :lol:
Post Reply