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#321 Re: 2004 » 2004: Chinese Whispers » 926 weeks ago
Coming to a Courthouse near you
On 05/04/04, Slash and Duff were announced to sue Axl over control of the GNR back catalogue, also demanding a compensation $1 million for financial damages caused by Axl's denial to license the music.
"In the suit, Duff and Slash claim Rose doesn't have any controlling interest in the songs, but they say he killed deals that would have put their tunes in a half dozen movies, including 'Just Married,' 'We Were Soldiers,' 'Death to Smoochie' and 'Old School.' And you won't hear the band's huge hit, 'Welcome to the Jungle' in the movie 'Black Hawk Down,' because, according to the lawsuit, Axl wouldn't let the producers use it. Instead, he wanted to re-record it, thereby allegedly cheating his ex-band mates out of the licensing fee." (Celebrity Justice, 05/04/04)
And so, the Tom Zutaut-era incident with Black Hawk Down would come back to haunt Axl. The foundations of the suit lie in the disbanding of the old GNR partnership on 12/30/95. Slash and Duff were likely inspired to the case by a court remark in the Greatest Hits suit.
"Plaintiffs' own filings indicate that the Guns N' Roses [trade]marks are registered to the Guns N' Roses Partnership. The Guns N' Roses Partnership is not a party to this litigation. Rather, this action was brought by Plaintiffs in their individual capacities. Accordingly, Plaintiffs lack standing to assert a claim of infringement and cannot, therefore, show any possibility of success on the merits." (Greatest Hits lawsuit document, 2004)
The legal issues didn't end there.
"Rose had sought an injunction against the release of the album entitled 'Hollywood Rose - The Roots Of Guns N' Roses' [...] [by] Los Angeles-based independent record label Cleopatra Records. [...] The five original tracks were purchased by Cleopatra from guitarist Chris Weber [in November 2003], who performed on the record and who paid for the recordings back in 1984." (Blabbermouth, 07/08/04)
According to the Cleopatra lawsuit document, the claims similar to the Greatest Hits release had been going back and forth since April, which suggests Slash and Duff came around suing Axl midway to their collaboration on the Hollywood Rose case. Furthermore, the legal team was now trying to do damage control by acknowledging and even supporting the GH release.
"GNR also argues that the release is timed strategically to capitalize on consumer interest in the Guns N' Roses Greatest Hits release and it will unfairly reduce sales of that album. However, GNR's evidence as to the reduction in sales - the unsupported statement of Guns N' Roses manager - utterly lacks foundation." (Hollywood Rose lawsuit document, 2004)
It was, however, to no avail.
"On Tuesday, July 6, United States District Court Judge Gary A. Fees denied the motion of [Axl, Slash and Duff] for a preliminary injunction against [Cleopatra]." (Blabbermouth, 07/08/04)
#322 Re: 2004 » 2004: Chinese Whispers » 926 weeks ago
Exile on Main Street
During this time, as was rumored, Axl had plotted a legal action against Geffen.
"W. Axl Rose is joined by former [Guns N' Roses] members Slash and Duff McKagan in [...] a lawsuit against Geffen Records, a division of UMG Recordings, Inc., to stop the unauthorized release of a Greatest Hits package by the band. [...] The band has not been given the opportunity to approve the choice of songs, the artwork, the release date or the re-mastering done on the tracks included on this compilation.
[...] W. Axl Rose is concerned that not only will their audience be misled into believing that the planned compilation is an authorized release, but that it will hinder the release of the band's long awaited new studio album Chinese Democracy." (Sanctuary Group, press release, 03/15/04)
"U.S. District Judge Dale Fischer denied [the] request for a temporary restraining order, allowing Geffen to issue the [GHLP] as planned next Tuesday. A hearing on a motion for a preliminary injunction was set for next month." (Yahoo, 03/16/04)
"Plaintiffs' Application is based entirely on the belief that the GHLP contains remastered songs. In fact, none of the songs on the Guns N' Roses GHLP were remastered, nor were they edited, mixed, remixed or otherwise altered. [...] The sole basis for Plaintiffs' incorrect assertion that the album was remastered (and, in turn, the sole basis for this application) is a single reference on the website of CD Universe.
[...] In connection with the release of the Guns N' Roses GHLP, Geffen has already paid $1 million dollars in advances. [...] Rose has received an advance of $257,545 for the GHLP; Slash and Duff have received an advance of $568,565 for them to split; [...] plaintiffs did not file this suit until after they received these advances, and none of the three [...] has offered to return it." (Greatest Hits lawsuit document, 2004)
"'Their lawsuit is meritless,' Universal Music spokesman Peter LoFrumento said. 'Fortunately, since the court has denied their application for a temporary restraining order, the album will be released as scheduled on March 23.'" (Yahoo, 03/16/04)
"Released in March of 2004, [Greatest Hits] turned out to be a surprisingly strong seller, racking up sales of more than 1.8 million copies even without any new music or promotional efforts by the original band." (New York Times, 03/06/05)
On 03/30/04, Axl canceled GNR's scheduled performance in Rock in Rio-Lisboa, citing Buckethead's departure as the reason behind the decision.
"Rather than dwelling on the negative, Guns will be moving forward and surprisingly (without giving away any details) this unfortunate set of circumstances may have given us the opportunity to take our recording that one extra step further. [...] We greatly appreciate Bucket's contributions and remain open to "discussions" as there are obviously several issues to resolve." (Axl, press release, 03/30/04)
Axl's wording and tone was deceptively similar to his account on Robin leaving to tour with Nine Inch Nails in late '99. Brian May had stepped and recorded over some of Robin's parts, due to Axl wishing to replace some of Robin's work due to his resignation mid-way. However, Buckethead was said to have been kept in the band payroll for the remainder of the year.
In closing, Axl alluded the album might be completed for a fall release.
"We hope to announce a release date within the next few months." (Axl, press release, 03/30/04)
#323 Re: 2004 » 2004: Chinese Whispers » 926 weeks ago
The Bucket Kicks Back
"In Guns, the greatest thing was, [Buckethead] would [talk through his hand puppet, Herbie] and wear out the managers. There's millions of dollars on the line - and they're talking to a fuckin' puppet!" (Brain, I'd Hit That, 02/15)
"During his tenure with the band Buckethead has been... creating uncertainty and confusion and making it virtually impossible to move forward with recording, rehearsals and live plans with confidence." (Axl, press release, 03/30/04)
"[Buckethead] got off on that it wore everybody out and I was together enough to speak for him... He cared so much [about being in Guns], that I think that was his protection, 'I can't get worn out by this, because I care about this'. " (Brain, I'd Hit That, 02/15)
"[By 02/09/04, the night of the Grammy Awards,] Buckethead had already told Guns frontman Axl Rose he no longer wanted to be in the band, [Bucket's] manager said." (MTV, 03/17/04)
"Last time I talked to Bucket, he called to tell me he had bought a bootleg DVD off eBay and how proud he was to be in Guns and how impressed he was with everyone's performance." (Axl, press release, 03/30/04)
"Host: Like, he was doing the whole puppet thing with Axl?
Brain (suddenly solemn): Yeah... with everyone.
Host: And Axl loved it?
Brain: Yeah."
(Brain, I'd Hit That, 02/15)
"I have a blast w/ Bucket on tour and get a big kick out of the guy." (Axl, HTGTH, 12/12/08)
On February 12th and 13rd, Buckethead played shows with Bill Laswell's band Material in Belgium and France, respectively. On first date, Laswell apparently confirmed to a fan that Buckethead wouldn't be joining GNR for Rock in Rio-Lisboa.
"In February, we got word from Brain that Bucket had called him and said he was back in Guns!?" (Axl, press release, 03/30/04)
"[Buckethead] was MIA for a month at a time... and the only way to get a hold of him - was through me. It was kind of fun and at that point, I was kinda like, 'Oh, they gotta go through me, this is cool.'" (Brain, I'd Hit That, 02/15)
"At the end of [2003], Buckethead became fed up with Guns' inability to complete an album or tour and stopped working with them, his manager said." (MTV, 03/17/04)
"Apparently, according to [what Bucket told Brain], he had been 'Gone' but had turned himself around and was really excited to do Rio-Lisbon and a European tour." (Axl, press release, 03/30/04)
"[Buckethead's] transient lifestyle has made it impossible for even his closest friends to have nearly any form of communication with him whatsoever." (Axl, press release, 03/30/04)
"They'd try to call him and Looney Tunes would come on the answering machine. And there's a huge tour coming on... I think they actually had people, like undercover cops, checking him out at one time. He'd call me and say, 'Brain, there's a car out front and it's been there for, like, three days....
And this was before we were supposed to go on a major Guns N' Roses tour. We didn't know what was going on, and he was paranoid and scared, so he said, 'OK, I'm gonna go out there with a mask.' And he had a hatchet. He said he went out with a mask and a hatchet and just stood next to the car... and they were looking at him and just took off.
So, I think he was being followed. He never found out the truth, but that's the game he was playing." (Brain, I'd Hit That, 02/15)
On 03/01/04, Buckethead's official discussion forum removed their dedicated GNR section. When queried, the webmaster replied that 'the ride is non-operational and non-functional', apparently describing Buckethead's current relationship with GNR.
"Somewhere in the following month things changed once again [with Bucket's involvement]." (Axl, press release, 03/30/04)
"I think he knew he had talent that people wanted, so he would wear them out, with, you couldn't get a hold of them for a month.
'We're going on tour, is he coming?
'I don't know if he's going to show up...'
And I'd always know, it was just like, part of the game."
(Brain, I'd Hit That, 02/15)
"During his tenure with the band Buckethead has been... creating uncertainty and confusion and making it virtually impossible to move forward with recording, rehearsals and live plans with confidence." (Axl, press release, 03/30/04)
"It wasn't from a punk-rock attitude, it was from, 'I'm scared. I don't want to get worn out by these lawyers. I have a talent here.'" (Brain, I'd Hit That, 02/15)
"According to those who have actually spoken with [him], it appears his plans were to secure a recording contract with Sanctuary Records which I encouraged my management to make available to him, quit GN'R and to use his involvement in the upcoming Guns release to immediately promote his individual efforts... Nice guy!" (Axl, press release, 03/30/04)
"The letters he would get from the [GNR] lawyers, because he would just wear them out so much. 'You'll never work again, you'll work in a gas station before you'll pick up a guitar again!'" (Brain, I'd Hit That, 02/15)
"I have no issues with Bucket. It's hard to tell what was real or not in things we were told by Merck... A lot of feelings were hurt on this side of the fence in how things went down." (Axl, HTGTH, 12/12/08)
Axl seems to be alluding Merck was the one who had conversations with Bucket over his future in Guns, whereas Axl himself hadn't spoken with him for some time.
"The band has been put in an untenable position by [...] his untimely departure." (Axl, press release, 03/30/04)
One can only wonder whether the problems Axl was facing with Geffen had anything to do with it.
"The after-show for [the] Yngwie [Malmsteen] [concert] was held [Sunday night, March 14] at the Cat Club. The band that was playing that night was a cover band featuring Dizzy Reed on keys. [...] [Dizzy] confirmed that [Buckethead] is unofficially out of the band." (Blabbermouth, 03/16/04)
On 03/14/04, Buckethead was announced to open for Particle on their American tour in between 03/31/04 and 04/16/04. A few days later, his representatives made the departure official.
#324 Re: 2004 » 2004: Chinese Whispers » 926 weeks ago
Last Days in The Village
While the New Year deadline had been passed, the work went on without a hitch.
"2004 is off to a busy start at The Village Recording Studios in West Los Angeles, where the synergy of pop, rock, commercial and film music making continues hot. [...] Guns N' Roses camped out cutting new tracks with producer/engineer Caram Costanzo and Pro Tools engineer Eric Caudieux." (The Village Recorder, 02/01/04)
One band member was noticeably absent, tho.
"At the end of [2003], Buckethead became fed up with Guns' inability to complete an album or tour and stopped working with them, his manager said." (MTV, 03/17/04)
"In Guns, the greatest thing was, he would [talk through his hand puppet, Herbie] and wear out the managers. There's millions of dollars on the line - and they're talking to a fuckin' puppet!" (Brain, I'd Hit That, 02/15)
The people at Geffen, however, were displeased.
"In January 2004, Geffen resumed its plans to release the GHLP. At that time, Mr. Hoffman asked Ms. Lori Froeling to send another notice to Guns N' Roses pursuant to the Recording Agreement, informing Guns N' Roses that the GHLP would be released on March 23, 2004 in the United States and Canada, and on March 15, 2004 in other international territories. Ms. Froeling sent such a notice on January 22, 2004. The January 22 notice also indicated that the previously approved track listing and sequence had not changed." (Greatest Hits lawsuit document, 2004)
It appears Geffen got a response out of Axl, likely concerning the future prospects of CD and his general opinion over a Greatest Hits compilation. Accordingly, they responded.
"The release dates were in fact confirmed in a subsequent letter to Plaintiff Rose dated February 2, 2004." (Greatest Hits lawsuit document, 2004)
"'Having exceeded all budgeted and approved recording costs by millions of dollars,' the label wrote in a letter dated Feb. 2, 2004, 'it is Mr. Rose's obligation to fund and complete the album, not Geffen's.' The tab at Village studio was closed out, and Mr. Rose tried a brief stint recording at the label's in-house studio before that too was ended. The band's computer gear, guitars and keyboards were packed away." (New York Times, 03/06/05)
On 02/11/04, various retailers were reporting that the Greatest Hits compilation would be released on 03/23/04.
"'Every year there's been a new reason why Axl is not done with the record,' the source told Reuters, adding that Geffen went ahead with the greatest-hits package only because Rose failed to come through with 'Chinese Democracy.' 'Had he delivered this record like he promised seven years ago, this would not be happening right now.'" (Reuters, 03/16/04)
#325 2004 » 2004: Chinese Whispers » 926 weeks ago
#326 Re: Guns N' Roses » Robin's Site » 926 weeks ago
From the record company perspective, it is so. Which is a bit amusing, since Slash and Duff were first extricated from the partnership, then resigned from the band and only then were their names wiped clean from the record deal.
But they were Axl's employees from 1996 onwards, just like everyone else. They didn't have a vote on the band issues anymore, yet they would've still been entitled to royalties on any master recordings delivered to Geffen. So that's the fun part: From Geffen's perspective, nothing changed in between 12/31/95 and 05/01/98. But internally, Slash and Duff had already been stripped of the power they'd wielded over the daily matters of GNR.
Which leads to the assumption that, apparently, had Axl turned in a new album in early '98 - after both Slash and Duff had left - all three would've earned royalties as members of the GNR partnership even if only one of them had contributed as a recording artist!
#327 Re: Guns N' Roses » Robin's Site » 926 weeks ago
Like I continue to say, nobody is in the band now except Axl.
You could say nobody has been in the band expect Axl since 12/31/95, when the new partnership agreement came into effect. After that, it's been an Axl Rose company. He owns the band name, he is the sole individual signed to the recording agreement with Universal to deliver a new studio album. To put it bluntly, GNR cannot exist outside Axl.
Nothing wrong with contract players - the only two guys ever not to play under contract with Axl were Steven and Izzy. But even if Axl would like to have the guys behind the album playing with him live, in the grand scheme of events it is of little consequence. The music world didn't exactly gasp when Huge was replaced by Fortus or when Brain was switched to Frank.
Robin, bless him for being a talented bugger, isn't any more recognizable to the general public as The E Street band drummer is to me. If someone quips me that the guy plays in Conan, I do manage to put him on the map, but that's still one tiny dot in a great white spot. Same goes for Robin - he can be mentioned as the NIN lead guitarist, which obviously provides some spot-on familiarity, but ultimately it tells very little other than the fact that he's a professional musician who works for big bands.
Which is a long way of saying, I agree with you on this:
It's anyone's guess as to which direction this thing will go in, who is actually on the record, or who will show up for the next tour.
There's too much money involved in this project - and too many potential financial opportunities - to leave it all hanging because Robin wants to tour with the Nails. If Buckethead'll think his solo career could use a little boost, he can come in and do a few rounds before ending his contract and trading places with Ron. It could be done easily, since they already say they have two drummers in the 'GNR family' already.
And this circus is a family business alright, although not ran by the GNR family.
#328 Re: Guns N' Roses » Robin's Site » 926 weeks ago
Every other god-damn guitarist in this band puts on that mystical act. Axl said it best: 'Bucket's Bucket' and 'Robin's Robin'. Both are so damn vague in their interaction, never giving a straight answer to anything. Then again, if normal is defined in between the non-entity of Paul Huge and the 'no comment' of Fortus, one cannot complain too much.
#329 Re: The Sunset Strip » METALLICA Discussion » 926 weeks ago
In other Metallica news, the group will host its own show, "Mandatory Metallica," on XM Sirius beginning Aug. 16. The program, which will run through Sept. 30, will feature non-stop Metallica music plus interviews conducted by band members with members of Linkin Park, Slipknot, Disturbed, Guns N' Roses and Mastodon, among others.[/i]
"So Frank, how the album coming together?"
...Not!
#330 Re: 2003 » 2003: Chinese Whispers » 926 weeks ago
Third's the charm
"It's closer to the end of the record being completed than it is the beginning. And we start back up in rehearsal mode in the middle of September, which is a good sign to me." (Tommy, Albany Times Union, 08/22/03)
Apparently, the original intention with Axl and the band was to have him finish up album and have them reconvene for rehearsals for a new tour in mid-September. Tommy's comments and the two-month time window the record label requires would've placed the album release into late November.
However, mid-tour Tommy seemed to have received word that things had, once again, changed.
"Rehearsal will start in October, and the release of Chinese Democracy has been delayed again until early 2004." (The Perfect Gentleman Newsletter, 09/06/03)
It would seem the album was gradually recorded all over again, starting mid-year. As it was, the RTB/Zutaut mixes were gradually picked apart and re-done. This time, however, the makeover wasn't likely as sudden as it had been before.
"The band, our two engineers [Caram Costanzo and Eric Caudieux], myself, [and] most importantly, Axl... have been working on the actual album for the last two years [from early 2003]." (Merck, 03/06/05)
"It went through Sean Beavan, Roy Thomas Baker and then I guess Axl is the producer now." (Brain, EQ TV, 10/08)
"Every artist would like to produce their own records... You still need somebody else around to make sure you get the best out of yourself, because you can't be in two places at once." (Roy Thomas Baker, MixOnline, 04/01/99)
"Having it produced by Axl Rose and Caram Costanzo says it all. We went to people that were put to us to help make the record, and that ultimately didn't work out. You just kind of have to wash your hands of it." (Tommy, Gasoline, 11/08)
"A lot of artists will go to an engineer, who is probably a great engineer, but as of that stage has not seriously produced anything. They forget that there's more to a production than getting a nice, polished sound. People will not go out and buy a nice drum sound if the song isn't there." (Roy Thomas Baker, MixOnline, 04/01/99)
"After [my work] was done [on the RTB/Zutaut mixes,] Axl said, “Okay, that was cool, now do your thing.” So I went in, forgot all of what I’d just done, and did my thing, and I think it became a combination of both." (Brain, Modern Drummer, 04/09)
"After [09/13/03] Middle East gig... Stinson rejoins Axl and company for what he says is the last bit of work on Chinese Democracy." (The Perfect Gentleman Newsletter, 09/06/03)
"I probably ended up completely re-recording each part five or six times over the years." (Tommy, Bass Player, 04/09)
"In the end, I redid [the drums] again by kind of doing half my thing and some of what I remembered from Josh’s original drum parts. We were also writing as a new band with me and Bucket. We had some songs that we started from scratch, where I just recorded myself without charts." (Brain, Modern Drummer, 04/09)
"I have heard several versions of some of the cooler songs, and they all sound great... The obvious thing would be to have a couple versions of each." (Dizzy, Rock Journal, 07/11/04)
"There's definitely a record, and it's definitely close to being done... So hopefully the GNR album will be out early in the new year." (Tommy, Boston Phoenix, 09/07/03)
