Fred Durst‘s lawsuit against Universal Music Group (UMG) continues to progress, with new developments arising on March 24th. Back in October 2023, Durst filed a $200 million lawsuit against UMG, accusing the label of breach of contract, fraudulent concealment, fraudulent business practices, copyright infringement, and more.
The core of the dispute revolves around royalty payments related to Durst‘s work not only as the frontman of Limp Bizkit but also for his role in running the Flawless Records imprint, which signed bands such as Puddle Of Mudd in the early 2000s.
Durst claims that UMG repeatedly informed him that neither he nor his Limp Bizkit bandmates had received any recording royalties due to not having recouped the $43 million in advances issued to the band, despite having sold over 45 million albums.
Frustrated with the situation, Durst hired new financial representation last year, and upon investigation, his team reportedly discovered $1.03 million in royalty funds awaiting payment to the band, as well as an additional $2.3 million owed to Durst‘s Flawless Records imprint.
The dispute intensified when Durst alleged that he was never notified of the funds awaiting him and the band, with UMG attributing the lack of communication to a “software error.” Durst, however, speculated that there were more deliberate actions at play, claiming that UMG had intentionally created a royalty system that “systematically prevented artists from being paid their royalties.” UMG denied these allegations, asserting that they had previously communicated the waiting payments to Durst‘s camp.
Durst contested UMG’s limited accounting and filed for breach of contract, demanding payment for all outstanding royalties and full documentation related to both the band’s and Flawless Records’ royalties.
When UMG failed to meet Durst‘s 30-day deadline, his legal team warned that further distribution and sales of Limp Bizkit‘s and Durst‘s UMG-related works could constitute copyright infringement and sought to have the recording agreements revoked.
However, in January 2024, a judge sided with UMG, ruling that the plaintiffs did not present a “substantial” or “total failure” of contract performance to support the rescission of the agreements. This decision hampered Durst‘s attempt to claim copyright infringement against UMG. But earlier this month, a judge allowed the case to move forward, permitting Durst‘s copyright infringement claims to proceed in federal court with a trial by jury.
Yet, this also meant that other claims from the original complaint would need to be refiled separately in state court. As a result, on March 24th, Durst, with Limp Bizkit and Flawless Records listed as plaintiffs, filed these claims in the Superior Court of California, Los Angeles County.
The newly filed claims include accusations of shady business practices and unfulfilled payment arrangements regarding the band’s recorded works and Durst‘s involvement with Flawless Records. Durst disputes a payment arrangement he claims to have had with Flip Records, as well as compensation for helping sign bands like Staind to the label. Additionally, Durst claims he never received compensation for directing thirteen Limp Bizkit music videos.
Durst’s allegations of manipulation and fraud also extend to his strained relationship with Flip Records founder Jordan Schur, who brought Flip’s roster into the UMG fold under Interscope Records.
In this new filing, Durst is seeking the rescission of the agreements between Limp Bizkit and Flip Records, as well as Durst‘s deal with Flawless Records. He has also alleged breach of contract, breach of covenant of good faith and fair dealing, breach of fiduciary duty, fraudulent concealment, intentional and negligent misrepresentation, and promissory fraud. Durst is demanding access to complete accounting related to Limp Bizkit and Flawless Records’ works, as well as citing violations of the California Business and Professions Code.
Durst and his team are requesting a jury trial for these refiled claims, with general damages of at least $23,450,000 and special damages of at least $10,000,000. Additionally, they seek the rescission of their recording agreements with UMG, Flip Records, and Flawless Records, as well as coverage for their attorney’s fees and costs.
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1 Comment
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