Universal Music Group (UMG) is firing back at a lawsuit from Limp Bizkit frontman Fred Durst claiming the label owes the band more than $200 million, calling the allegations “fiction” and demanding they be thrown out of court.
The blockbuster lawsuit, filed last month in Los Angeles federal court, claimed that Durst had “not seen a dime in royalties” over the decades — and that hundreds of other artists may have been treated similarly under “systemic” and “fraudulent” policies.
But in UMG’s first response on Friday, attorneys for the label said the lawsuit must be dismissed immediately because it is “based on a fallacy.”
“Plaintiffs’ entire narrative that UMG tried to conceal royalties is a fiction,” writes Rollin A. Ransom, an attorney with the law firm Sidley Austin who represents UMG in the lawsuit. “Plaintiffs’ complaint fails as a matter of law and should be dismissed with prejudice.”
The key problem with Durst’s claims? According to UMG’s attorneys, it’s that documents included in his own lawsuit “eviscerate” his allegations. They specifically cite emails in which a UMG exec appears to have reached out to get royalties flowing, but was rebuffed by the band’s own business manager.
“Over a year before plaintiffs’ ‘discovery’ of allegedly ‘concealed’ royalties, UMG affirmatively and unilaterally reached out to Limp Bizkit’s representative so that it could begin making royalty payments to the band, and was instead informed by him that all members of Limp Bizkit but one (including plaintiff Durst) had assigned their royalty shares to others, and were therefore not entitled to any royalty payments from UMG,” the company wrote in Friday’s filing.
Durst’s attorneys did not immediately return a request for comment on Monday. They will have a chance to file a formal response in court opposing UMG’s motion to end the case.
Durst and Limp Bizkit sued UMG in October, claiming the band had “never received any royalties from UMG,” despite its huge success over the years: “The band had still not been paid a single cent by UMG in any royalties until taking action.”
That claim was something of a stunner. How had one of the biggest bands of its era, which sold millions of records during the music industry’s MTV-fueled, turn-of-the-century glory days, still never have been paid any royalties nearly three decades later?
According to Durst, the answer was an “appalling and unsettling” scheme to conceal royalties from artists and “keep those profits for itself.” He claimed the company essentially kept Limp Bizkit in the red with shady bookkeeping, allowing it to falsely claim the band remained unrecouped — meaning its royalties still had not surpassed the amount the group had been paid in upfront advances.
But in Friday’s response, UMG said such claims of “concealment” were undercut by those emails. UMG says the message show a senior royalties director reaching out on his own initiative to Paul Ta, the band’s business manager, to “start making royalty payments,” but being rebuffed.
“Mr. Ta rejected that proposition, responding that all the Limp Bizkit members but one (including Plaintiff Durst) ‘have … sold/assigned their share [of the royalties] to various companies,’ such that no royalty payments were owing to any of those individuals (including Plaintiff Durst),” UMG wrote in Friday’s motion.
UMG says Ta later emailed back that his statements had been incorrect, at which point the label paid out roughly $3.4 million to the band and its companies – a fact that contradicts the lawsuit’s claims of “never received any royalties.”
“Plaintiffs concede thereafter receiving millions of dollars in payments from UMG,” the label wrote Friday. “Plaintiffs nevertheless brought this suit alleging breach of contract and fraud on their ‘suspicion’ that they are owed more royalties, and seeking rescission of the parties’ agreements.”
