The truth about Peter Margolis

[Dangling Carrot]

"IP/ENTERTAINMENT CASE LAW UPDATES
Rhoads v. Margolis



Cal. App. 2d January 26, 2015
In lawsuit brought by family of guitarist Randy Rhoads against writer and publisher of his biography, California appellate court affirms lower court denial of anti-SLAPP motion as it relates to family's breach of contract claim, but otherwise reverses denial, concluding that "principal thrust" of suit was defendants’ constitutionally protected publication of the biography.

In 1982, well-known guitarist Randy Rhoads died in a plane crash. In 2007, the Rhoads family entered into an agreement with Peter Margolis, Randy’s former guitar student, granting Margolis the right to produce, distribute, and otherwise exploit a documentary about Randy for the limited purpose of creating a motion picture, television production, or other similar production.

After signing the licensing agreement, Margolis assigned his rights under the agreement to Dakota Entertainment North, which then hired Margolis to produce the documentary. For the next two years, Margolis, along with Andrew Klein, videotaped over 100 interviews and obtained numerous photographs and video clips of Randy. The documentary was never released. Eventually, however, Margolis collaborated with Steven Rosen, a journalist, to write a biography of Randy’s life. Margolis, Klein, and Rosen published a book that contained numerous photographs from the Rhoads family and appeared to contain excerpted interview transcripts originally prepared for the documentary.

The Rhoads family filed suit, alleging breach of contract; fraud; invasion of privacy; violation of common-law rights of publicity; misappropriation of names, voices, and likenesses; and unfair competition. The defendants filed a special motion to strike the entire complaint under the California anti-SLAPP statute. The trial court granted in part and denied in part the motion. On appeal, the Second District panel first held that each cause of action in the Rhoads family’s complaint arose from protected expressive activity. Even though the Rhoads family alleged breach of contract or tort causes of action, the “principal thrust” of every claim was premised on constitutionally protected activity – the publication of the biography.

The panel held that the breach of contract cause of action survived the anti-SLAPP motion because the Rhoads family had successfully established a prima facie claim that Margolis misused the materials provided pursuant to the limited licensing agreement and that factual inquiries to determine breach of contract liability were more appropriate for a finder of fact.

The panel concluded that the other causes of action alleged in the complaint should have been stricken, however, because the Rhoads family failed to establish a probability of prevailing on those causes of action. As to fraud, the Rhoads family failed to produce any evidence that Margolis and Klein contemplated writing a book before entering into the licensing agreement. As to misappropriation, most of the material in the book concerned Randy and did not implicate the personal privacy or publicity rights of his family members. In addition, the Rhoads family’s lives as Randy’s relatives are matters of public interest. As to unfair competition, the Rhoads family could not establish substantial evidence that the public likely would be, or already had been, deceived by the book."

[Dangling Carrot]

I forgot to mention that Sharon Osbourne played a role in the film derailment. From the beginning the Osbournes were not on board. The timing of the boxset has me curious knowing she blocked Rudys first book release attempts.
I would say Sharon put the last nail in the coffin durin the meeting at the winery.

[whoopiecat]

Thanks for that. Not sure there'll be many positive replies, but I, for one, appreciate the insight.
It is high time folks realize that there were more than a few folks on the other side of the camera thinking more of themselves than the subject at hand.

[Paul Wolfe]

Paul and everyone here want to crucify Peter but always seem to leave out the selfish actions of Kelly and Kelle and the unprofessional attempts by the family ( Beverly LA billies) to control Randy's legacy... You don't have to believe this and Paul can continue his hate campaign on Peter and love triangle with Romeo but the above is a simple fact...

First and foremost, if you are going to address me, use your real name or you are nothing but a coward making up a story.

I have no love for Romeo Rose. I also have no hate for him. I have simply made my comments based on the history of this site as Romeo and Peter Margolis are concerned. I was here for the bullshit with Romeo, Steve Blevins, Peter Margolis, Jon Holtz & RR.US - where were you and your dangling carrot then? ANYONE can research the archives of this site and see that I've said nothing but report on what actually happened here.

Peter Margolis set up an account here and threatened anyone who viewed his trailer with legal action. At that point the view of Romeo Rose turned from positive to negative. That is what I said.

Hate campaign towards Peter Margolis? Show me this hate campaign. I simply attempted to bring peace to this community and stop the hating on Romeo because hating does no good. Ever. Go research the archives regarding Steve Blevins and you'll see I did the same thing with him.

Funny how you people come out of nowhere and pretend to know "the inside story." I've never claimed to know any inside info. Here's what I was told by Frank Santa Cruz: Randy's mom showed the completed documentary to her nurse because her nurse knew nothing about Randy. Upon viewing the film, the nurse said she still had no idea who Randy really was.

What I took from this is that the documentary was not given the green light because it wasn't good enough in the eyes of the person with the authority to give the green light.

All the talk of Peter being a fanatic, or obsessed with Jodi or peeping in Randy's bedroom window - none of that was said by me... so shut the fuck up and stop using my name in your bullshit story.

[Sky]

Peter started out at what is called a runner in Hollywood. Peter worked for his uncle making deliveries and getting coffee for the brass during the time he took lessons from Randy. Guitar was a passion but he was slowly developing a career as stage manager. If you have watched the Grammys ,MTV Music Awards, CMT Awards or even the Eric Clapton Crossroads festival you have seen a production managed by Mr. Margolis and he is still an active stage manger today.

So, Peter Margolis ISN'T a film director, he was hoping to use Randy's name to achieve that status and fulfil his ambition.
Anyone who's been involved in the film/television business knows that a stage manager deals with communications between crew and director or artists and production management but he/she has no creative input in the production whatsoever.
Margolis doesn't have the experience, the necessary people skills or the talent to direct a film, and that became obvious to everyone who attempted to work with him.
Randy deserves so much better, and that the truth!

[Dangling Carrot]

Sky are you saying Peter had no right to be a brand new director with the permission of the Rhoads family. We live in the USA where opportunity knocks. I seen some of the doc and it was ok. Peter had profession equipment at his disposal and the guidance of Troy a pro in the business. Sky you were like the rest at the memorial over there with your face and guitar in the camera.

Paul so the doc was based on a persons word that had no clue and most likely didn't care who he was. The family inner circle has there side I'm sure and knowing frank you will only get limited info. As for people you have spoke for that's none of my business. Try searching for all of Paul's post I'm sure you will find nothing but professional decent post from the guy lol.

[mojopin70]

Sky are you saying Peter had no right to be a brand new director with the permission of the Rhoads family. We live in the USA where opportunity knocks. I seen some of the doc and it was ok. Peter had profession equipment at his disposal and the guidance of Troy a pro in the business. Sky you were like the rest at the memorial over there with your face and guitar in the camera.

Paul so the doc was based on a persons word that had no clue and most likely didn't care who he was. The family inner circle has there side I'm sure and knowing frank you will only get limited info. As for people you have spoke for that's none of my business. Try searching for all of Pauls post I'm sure you will find nothing but professional decent post from the guy lol.

He failed , he treated people badly , he threatened people, however i cant comment on Kelle Rhoads because ive never met him, and why would Kelly Garni have problems with it all?

Whats this about looking through Randys bedroom window? i knew he had the accident photos but this proves he had and still has serious issues obviously alarm bells would be ringing for anyone with a brain.....

[Dangling Carrot]

The doc was actually really good , I seen some of the footage. It was professionally shot and had key people that needed to be interviewed. I liked Randy's guitar tech interview the best. When you turn your mother against someone, it would not matter if Oliver Stone made the damn film. white wash...too many fingers in the cookie jar.

[camdenlp]

Dangling Carrot, why not just come out and say who you are to give yourself some credibility? Or is this another secret squirrel deal and 'top secret' like everything else surrounding Randy? Reading all this just makes you sound like a hired gun to try to convince us that PM is the victim here. I don't know the ins and outs but even your screen name raises suspicion.

[GUITARIDOL5682]

The doc was actually really good , I seen some of the footage. It was professionally shot and had key people that needed to be interviewed. I liked Randy's guitar tech interview the best. When you turn your mother against someone, it would not matter if Oliver Stone made the damn film. white wash...too many fingers in the cookie jar.

Funny you should mention this as i've just asked about the contribution from Pete Mertons and i heard his input was that piss poor that his interview was a scramble of drunking memories that we had all heard before. No exclusive material and very little RR memorabilia in fact he had one photo he offered PM. Ozzy grew up with Pete he was basically homeless, Ozzy let him live in his house. Ozzy offered him a job because he felt sorry for him. Pete's knowledge of guitars was very basic and he was nothing more then a baggage handler and Randy had to tune his guitars and check them before going on stage. He was a heavy drinker and a drinking mate for Ozzy on tour. Out for a free adventure with a wage, all thanks to Ozzy. Randy showed him the basics and he picked up basic knowledge like restringing guitars stretching strings etc all on the job training while on tour. He knew very little about Randy's amplifiers, cabs, the configuration of his peddle board. If you remember Randy had trouble with his peddle board and had to go to a specialist to get it fixed. Any good guitar tech should know about all the gear a guitarist would use on stage.
Romeo are your coming to this forum for any reason but to rock the boat with Paul or any other decent member here. Or for your own self promotion. ??? For one i've never liked or been a fan of anyone who is obsessed with Randy to the limit of it being very unhealthy. You said you had no reason to be unliked here well your posting up under another alias and your bad mouthing people who you have very little insight on. Is that correct about Jodi and Peter well i'm sure Jodi's husband and Peter's girlfriend would love to here the story or are you just stirring up a stink with the interest of it causing a ruck with both partners. At the end of the day Peter was nothing more then an employee of Dakota. Who owns the film now Dakota pure and simple.

[CanuckRhoadsFan]

I first met Peter in 2007 through Rudy Sarzo. I was approached in a professional setting to provide my services for the film project. Peter explained to me how delicate the project was because of the different personalities involved from band mates , friends, family members and those who would throw wrench for their own agenda. All of this was discussed in private. Anyone he brought in was approved by Mrs. Rhoads in the beginning. There was a so called inner circle of people involved purpously to try and contain ((Dangling Carrots)) so to speak.

What I'm about to say is the truth, with God as my witness.

Peter started out at what is called a runner in Hollywood. Peter worked for his uncle making deliveries and getting coffee for the brass during the time he took lessons from Randy. Guitar was a passion but he was slowly developing a career as stage manager. If you have watched the Grammys ,MTV Music Awards, CMT Awards or even the Eric Clapton Crossroads festival you have seen a production managed by Mr. Margolis and he is still an active stage manger today. Peter was inspired by Randy like the rest of us and wanted to take the next step in his field as a director. As we all know that's when this all started. He had good intentions with the documentary but was surrounded by people who wanted to derail the project for their own agenda, similar to the way Sharon O works. These people being Kevin, Kelle and Kelly. Those three people planted the seed of derailment from the get go. By the time the film was in a viewing stage, there was no huge KG involvement and Kelle Rhoads music was not part of the plan. The take down of Peter and the doc had nothing to do with Romeo, it was handcrafted by Kelly and Kelle and delivered to Mrs. Rhoads in a way that crippled any hopes of a film. The things that manipulated Mrs Rhoads was KGs so called ripped off items, leaked doc, Kelles music, affair with Jodi , death photos and shit load of made up drama. At this point , Peter was in the whole 100,000 + borrowed from his friend Troy at Dakota who wanted to see Peter succeed as a film Director. Paul and everyone here want to crucify Peter but always seem to leave out the selfish actions of Kelly and Kelle and the unprofessional attempts by the family ( Beverly LA billies) to control Randy's legacy.

The real truth is..if Mrs. Rhoads would have stuck to the rules she put in place at the beginning, the doc would have went through and we would own it on dvd. The main rule being: If anyone attempts to manipulate this film for their own agenda they are to be removed from the film. This includes friends, band mates and family!

Peter tried to go by her rule and was attacked so badly the only way to cover it up was to remove Peter from the project. Classic Mrs. Rhoads. She cant handle any kind of Randy drama, Kelle and Kelly know this. When it comes to fame, some will screw their own brother to be famous. You don't have to believe this and Paul can continue his hate campaign on Peter and love triangle with Romeo but the above is a simple fact. Peter was screwed before he even got started. I know some of you even Paul know this to be true. Why all of the white wash? I put 100.00 on the table Kelle Rhoads was the main one pushing to sue Peter. Like i said some people will jump of a cliff for fame..just go to a NAMM show and watch the circus. When Kelle Rhoads set up a table to sell his own CDs at his brothers memorial, that is all I needed to see.

Another interesting perspective from which to look at things, DC.

The more I read about this whole debacle, the more I shake my head. Things like this could be such great PR for keeping Randy's legacy as a guitarist in the limelight, but in one way or another, regardless of who is to blame, there is always a "fly in the ointment", and something gets messed up.

I don't doubt that both sides made some missteps throughout this process, though. As with most things, the truth most likely lies somewhere in the middle. I don't think the family is solely to blame, and I don't think Peter is solely to blame. Honestly, at this point, I could care less. It's obvious that unless something happens legally where this film is released (which I seriously doubt), it will never see the light of day. And this is due to the fact that both sides couldn't communicate well enough with each other, it seems.

This post, while also trying to "set the story straight", also smacks of an attempt to villainize Paul in some ways, so I do disagree with you there. He and I don't always agree about, well, MANY things here, but I don't feel he's gone out of his way to criticize PM any more than a lot of others here, myself included.

Though I don't agree with how the book and research around the book was used, it's still out there. And I'd be lying if I said I didn't think the book wasn't well put together. The fact remains, however, that a lot of things weren't done above board, and it has caused dissension and anger amongst various parties.

It seems there's no easy answer to this whole thing. Really, though, it will be what it will be, regardless of what we think of it. The only thing we can do is comment as we see fit, I suppose, which each of us has the right to do.

One last thing: that story you relate about Kelle Rhoads shilling his cd's at Randy's memorial is just plain distasteful if true. I find that quite sad, actually. When one wants to show class, one does not do something like this. Granted, that's obviously not my decision to make, and the guy can do whatever the hell he wants, but I just find it in poor taste.

[Dangling Carrot]

I agree with your post and maybe I should have said the community in general instead of adding Paul to the mix. I really was not trying to attack Paul, it just came out that way. As for Kelle and his memorial cd sales.. its true he has only respect for himself. Just give youtube a look.
It's really hard for me to give him any respect. .but you are right ..its his business if wants to disrespect his own brother. I'm on the outside looking in.

[Dangling Carrot]

I'm not Romeo dude. As for pete..he is a likeable guy with a few good memories. Like many of Randys close friends, I'm dure he has private memories that has not shared.

[shawn]

I first met Peter in 2007 [edit][/edit]

Bwahaha have you been practicing being an ass for long, or does it come naturally?

Don't worry about it Paul, jut another lunatic.

I have never meet Peter Margolis but I have read his raving posts, heard several stories from different sources, any rational person would be wary of him. Many say he is an asshole, so the truth is probably half of that if we are realistic, he is probably an ass.

Dangling Carrot you sound like someones shill.

[GUITARIDOL5682]

I'm not Romeo dude. As for pete..he is a likeable guy with a few good memories. Like many of Randys close friends, I'm sure he has private memories that has not shared.

Your missing what i'm saying dude, your saying that the contribution from Pete is 'the best'. I know what he contributed to the docu and the book. He was that shit faced he wasn't a worthy contender. A guy who in any RR's fan's eyes would be a star player in this docu. His input was lacking any positive info and giving nothing exclusive to the interviewer. So how much of his interview did you see ? about the 9.5 seconds everyone else seen in the trailer. Don't try and give us the WOW factor with your exclusives i could come on this board on a daily basis typing shit. Some times its read as precisely that, but i've got a bit more respect then you. For one some people here know me and have met me in the flesh and for two i don't hide behind a disguise and a series of changed tags. To me your Romeo as he rolls the same way and until you take off you mask... Just carry on the charade mate, its all for our amusement...