Brief 6: Copyright and Fair Use

The first thing that comes to mind when discussing violation of copyright/fair use laws may typically be a situation where one individual profits from another individuals copyrighted work. This is especially a concern in the music industry, but have you ever heard of one band member suing another for this very reason? The following lawsuit was complicated by several other issues, but the root of the matter was indeed a copyright issue.

Left to Right: Klepaski, Burnley, Fincke and Szelga

In January 2009, Benjamin Burnley, Aaron Fincke, and Mark Klepaski enter into a Band Agreement for the band Breaking Benjamin. Martin F. Frascogna took an in depth look at the case and noted a few of the rules in said agreement are:

-Burnley started the group
-Burnley is the creative force behind the group
-Burnley dictates the groups decisions
-Burnley can dismiss a fellow band member for just cause

Section 5: Fincke and Klepaski hereby irrevocably assign to Burnley and and all rights, title and interest that Fincke and Klepaski may have in the band name Breaking Benjamin as well as any and all logo(s) and/or trademarks in any manner collected thereto. 

"Therefore . . . Fincke and Klepaski have assigned their rights to the Breaking Benjamin trademark to Burnley. Further meaning Burnley can be the only surviving member of Breaking Benjamin [and] Fincke and Klepaski can NOT use the name Breaking Benjamin. If future albums are to be released, Benjamin Burnley must be on the album and must authorize the use of the trademark."

The following year in March, Breaking Benjamin allegedly entered into a Recording Agreement with Hollywood Records. Burnley, however, had also allegedly told the band's attorney, Fincke, and Klepaski "that he didn't want to proceed with the Recording Agreement." Fincke and Klepaski had signed the band into the agreement, thus making it void from the start since Burnley had not agreed to do so. But where was Burnley? 

Burnley fell ill in 2009 with an unknown illness believed to be brought on by years of severe alcoholism. The mystery illness still pangs him to this day, and it ultimately how the problem arose. Burnley claims to have not been present when Hollywood Records approached Fincke and Klepaski about remixing a song the band had recorded for Halo 2, a track which was released in 2008 but was not featured on any of the band's previous albums. 

Shallow Bay: The Best of 
Breaking Benjamin

Album depicts scan of 
Burnley's brain after illness

Fincke and Klepsaki signed the agreement. An alternate version of "Blow Me Away"was released in Burnley's absence on the album Shallow Bay: The Best of Breaking Benjamin. Burnley sought arbitration in June of 2011 after firing the two members in question, desiring $250,000 in compensation to be paid by said members. Florian Schneider of Billboard says, "Burnley claims that Fincke and Klepaski were offered $100, 000 by the band's label to approve the revised version of the song, and that the pair did not inform him or the band's management of the remix. The accused denied the allegations, but lost the case. 

In 2013 the following announcement was posted on the band's website:

"The dispute between Benjamin Burnley, who is the sole founder, primary musician, singer and songwriter for the band Breaking Benjamin, and two of the band's ex-members has been resolved. Benjamin Burnley retains his right to use his band name and Breaking Benjamin will continue." 

Burnley's comment:

"I am pleased to finally put this matter behind me and focus on the future for Breaking Benjamin. I wish to express my never ending love and gratitude to the best fans in the world for their undying love and support. Words cannot express my love to you all! Thank you!" 

Burnley reassembled Breaking Benjamin with four new members added to the band. In June of 2015, the band released Dark Before Dawn, the band's fifth studio album. Burnley takes pride in his work, and it was obvious in his later comments he did not approve of the remixed version of "Blow Me Away," a song he created specifically for Halo 2.  He is an avid gamer, and wrote the song because of his love for the Halo series. Burnley claims to write and mix most of his work to a very high standard, so it was no wonder he sued. 

It is clear why Burnley won this dispute, despite the mindset of his bandmates: "Hey, let's not consult the guy who's name is in the band title!" It was all a matter of contract wording. Fincke and Klepaski entered the band into Recording Agreement with Hollywood Records and received compensation for the release of work they didn't have full legal rights to according to the Band Agreement. It seems they stole their own work, but they are the ones who gave Burnley the right to sue them for doing so. I guess taking advantage of Burnley's illness didn't pay off in the end. 

It's clear which version Breaking Benjamin fans approved of.

Remix (103, 373 views)

Original (20, 443, 206 views)

Sources:
Techdirt
Loudwire
Billboard