jim diamond loses his white stripes royalties lawsuit

(Yes! Yes.. I'm really pleasseddd I said that first)

Studio owner loses lawsuit against White Stripes
Jury rejects claim to share copyright
BY BRIAN MCCOLLUM
FREE PRESS POP MUSIC WRITER

June 16, 2006

A jury ruled in favor of the White Stripes Thursday in a case that focused on the genesis of the modern Detroit rock sound.

The eight-person panel deliberated just 20 minutes before returning its verdict in Detroit federal court, rejecting claims by studio owner Jim Diamond that he deserved part ownership of copyrights for the band’s first two albums.

In addition to back royalties Diamond could have received with a favorable ruling, the case involved credit for the White Stripes' earliest music -- a signature sound closely linked to the internationally celebrated revival of Detroit rock.

In closing arguments Thursday morning, attorneys for the band acknowledged Diamond's technical skills as a recording engineer but equated his role with the White Stripes to that of a carpenter following an original blueprint.

"The White Stripes" and "De Stijl," recorded at Diamond's Ghetto Recorders studio in 1999 and 2000, sold nearly 600,000 total copies in the wake of the White Stripes' international breakout in 2001.

With Jack and Meg White looking on, Los Angeles attorney Bert Deixler told jurors that Diamond's assertion of copyright was akin to the claim-jumping of unscrupulous Old West miners. He argued that Diamond's work in the studio -- microphone placement, reverberation effects, mixing -- did not meet the standards necessary to claim co-authorship.

"None of that constitutes originating an original work or causing it to come into being," Deixler said Thursday in court.

Diamond's attorneys cited liner notes from the 1999 album "The White Stripes," in which the band voluntarily gave Diamond a co-producer credit. Stephen Wasinger told jurors it was his client's most persuasive evidence, from a time period "when credit was more important than money."

"Mr. Diamond at that time, in that place, was equally talented," he said during his closing argument.

Anthony Deluca, a Grosse Pointe attorney representing Diamond, said late Thursday that the case had presented unique difficulties.
"How do you explain to the average juror what was going on in the underground Detroit music scene in 1999 -- especially in the context of a complicated copyright case?" Deluca said. "Jim Diamond gave those bands life. It's a tragedy for Detroit, and for underground music, that the White Stripes won't acknowledge Jim Diamond's contributions to the evolution of the band."

At issue were so-called mechanical rights to the sound recordings of "The White Stripes" and "De Stijl." Rights to the White Stripes' compositions -- credited to Jack and Meg White -- were not in dispute.

Before sending jurors to deliberate Thursday, federal judge Avern Cohn patiently walked them through the basics of the notoriously complex field of copyright law, an area in which he'd earlier acknowledged a lack of experience.

But jurors apparently had little trouble navigating the case, delivering their decision far more quickly than many onlookers expected. Jack and Meg White were still eating lunch nearby in downtown Detroit when word came that the jury was returning to the courtroom.

This actually came up in court:
Asked if he recalled telling Diamond he would ruin his reputation in the music industry if he brought the lawsuit, White testified: "I believe I said this was going to ruin his reputation, if he did something like this."
http://www.detroitnews.com/apps/pbcs.dll/article?AID=/20060614/ENT01/606140362/1003/METRO

Heh. Well, except that he's known for the "Jim Diamond Sound." Reviewing albums around here, you can tell within the first song or two who's recorded there. Part of it's that he is known for launching people like the White Stripes (I think that he had an arguable case for getting a piece, and probably would have voted for him if I were on the jury, though it's been a long time since I listened to those albums), and part of it is that he's consistent.
It's a pain in the ass around here, honestly, because a lot of bands that aren't well served by him go there anyway because of the name. When reviewers see "Jim Diamond produced this" they start salivating, and it's as easy to make a name for a record around here with Diamond on it as it was to make a name with an Albini album for a while. But bands like the Avatars, who's record release is Saturday, really get jobbed by his mushy mix, his inability to get a powerful drum sound, and his tendency to mix everything at the same level. The Avatars are one of the hands down best live bands in Detroit right now, but their album just doesn't reflect that and in large part that's because Jim Diamond mixed it in his signature style rather than mixing it to play to the strengths of the band.

noodle vague > edam cheese on triscuits > the white stripes > jim diamond > tartar sauce > texas oil refineries

Yeah, I don't get it - was Diamond looking to be listed as a co-writer of each song on those records? If not, what was he looking for?

I guess this is the thing. I'd be interested to know how it works.

According to the American Mechanical Rights Organization Web site, it's:

"The right to reproduce and distribute to the public a copyrighted musical composition on phonorecords (which include audiotapes, compact discs and any other material object in which sounds are fixed, except those accompanying motion pictures and other audiovisual works.)"

Other Web sites say it's something the record company pays an artist.

So it sounds like he wanted a cut of the sales, even though he isn't claiming he helped write any of the songs. In other words, that his production sound on those records a) is unique, b) wasn't created in conjunction with/at the behest of the White Stripes, and c) is as important as the songwriting to the success of the White Stripes. Which strikes me as a tough sell.

I acknowledge I'm speculating here. Can anyone else school us?

One big problem is that Jim never used contracts. It's not unusual for a producer to get 3 or so points per each album sold. That's probably all Jim was looking for. But the REAL problem is that Jim recorded bands for $35 an hour (which is super cheap) under the expectation that if they became successful that they'd remember who helped them out early on. But, no one did. I mean, certainly Jack could afford to kick Jim SOMETHING instead of letting this go to court, even though he won.

The lesson is don't rely on people's good nature and sense of right, and get everything down in a contract beforehand.