.

The Beatles' Apple Records Files Lawsuit to Prevent Website from Selling 1962 Bootleg

March 21, 2008 4:21 PM ET

The Beatles' Apple Records have filed a lawsuit against online music store Fuego Entertainment in an attempt to prevent the website from releasing a 1962 live performance by the band from Hamburg, Germany's Star Club. The lawsuit states that Fuego does not have permission to sell the fifteen-song performance because at the time of the recording the Beatles had already entered into an exclusive contract with EMI prohibiting the third party recordings of their concerts. The tapes — acquired by Fuego after the tape's owner, Jeffrey Collins, failed to release a similar bootleg in 1995 — allegedly feature Ringo Starr's first concert as the Beatles' drummer following the exit of Pete Best.

Apple also claims that Fuego infringed on many of the Beatles' copyrights (including the "distinctive long 'T'" in the band's logo) as well as posted excerpts from the recording without permission. "What Fuego did for a little while is that they streamed it, the song and the clips, and then we sent them the cease-and-desist letter and they pulled down the streaming," lawyer Paul LiCalsi, who is filing the lawsuit on behalf of Apple, tells Rock Daily. "But very recently they've indicated that they're still intending to proceed with remastering it and issuing a CD, so we were forced to go into court and seek to stop them."

Apple is seeking an injunction against the posting of the recording and at least $15 million in actual and puntitive damages, as the lawsuit claims the Beatles have been "exploited" by Fuego Entertainment. In 1991, Apple successfully prevented Sony Music from releasing a similar album called The Beatles Live at the Star-Club in Hamburg, Germany; 1962 -- Vol. I and Vol. II. Fuego came under fire earlier this year after attempting to profit off of 200 "inferior quality bootleg recordings" of Jimi Hendrix shows.

To read the new issue of Rolling Stone online, plus the entire RS archive: Click Here

prev
Music Main Next
Daily Newsletter

Get the latest RS news in your inbox.

Sign up to receive the Rolling Stone newsletter and special offers from RS and its
marketing partners.

X

We may use your e-mail address to send you the newsletter and offers that may interest you, on behalf of Rolling Stone and its partners. For more information please read our Privacy Policy.

Song Stories

“Santa Monica”

Everclear | 1996

After his brother and girlfriend both died of drug overdoses, Art Alexakis -- depressed and hooked on drugs himself -- jumped off the Santa Monica Pier in California, determined to die. "It was really stupid," said the Everclear frontman, who would further explore his personal emotional journey in the song "Father of Mine." "I went under the water. Then I said, 'I don't wanna die.'" The song, declaring "Let's swim out past the breakers/and watch the world die," was intended as a manifesto for change, Alexakis said. "Let the world do what it's gonna do and just live on our own."

More Song Stories entries »
 
www.expandtheroom.com