Post by Ben's_new_disease on Oct 3, 2005 9:44:13 GMT -5
Tough Break for Breaking Benjamin eh?
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Ex-drummer sues Breaking Benjamin
Jeremy Hummell says he was kicked out of the band while he was on paternity leave; claims he isn’t receiving share of profits.
By KEVIN AMERMAN kamerman@leader.net
“Since the band and its manager refuse to account for the partnership profits, Mr. Hummel finds himself cut off from the continuing profits that the band currently accrues ... ’”
Lawsuit filed by attorney Thomas P. Heeney Jr.
The former drummer of a local band which has had national success is suing his ex-bandmates, saying they unjustly kicked him out of the group and have hoarded profits from songs he helped create.
Jeremy Hummel of Selinsgrove, one of the original members of Breaking Benjamin, filed the civil lawsuit this week in federal court in Scranton.
The lawsuit lists 11 counts against band members Benjamin Burnley of Wilkes-Barre, Aaron Fincke of Drums and Mark Klepaski of Mountain Top, with each count requesting at least $750,000 in damages.
The suit also names Larry Mazer of Entertainment Services Unlimited, the band’s manager, and ABC Corporation.
A representative of Entertainment Services Unlimited said Tuesday that the company has no comment on the lawsuit and band members could not be reached.
The suit says that in March 2004, Hummel asked the band if he could take a paternity leave of four to six weeks to be with his wife for the birth of their first child. All band members agreed to allow the time off and hired a substitute drummer to take Hummel’s place during the break, according to the lawsuit. In September 2004, Burnley called Hummel, who was still on paternity leave, and told he was being dropped from the band, it says. The complaint doesn’t say when the paternity leave started.
“Since the band and its manager refuse to account for the partnership profits, Mr. Hummel finds himself cut off from the continuing profits that the band currently accrues from such successful songs as ‘So Cold,’ ‘Polyamorous,’ and ‘Blow Me Away’ says the suit, filed by attorney Thomas P. Heeney Jr. of Pipersville.
The suit says the band members have “added insult to injury” by attempting to register the Breaking Benjamin trade name without including Hummel on the application.
Hummel does not receive any profits from the band’s second EP album, which he co-authored, and doesn’t get any profits from two songs that were released on the soundtrack for the video game “Halo 2” and on the soundtrack for the movie “National Treasure.”
The band shipped more than 1 million copies of its sophomore CD, “We Are Not Alone” this summer. Two of the band’s songs have reached No. 1 on the rock charts. The band toured this summer with 3 Doors Down and Staind.
Hummel and Burnley formed the band under the name “Plan 9” in 1999 and decided to change the name to Breaking Benjamin in 2000, the suit says. Their local performances attracted the attention of a Wilkes-Barre disc jockey who began playing one of their songs on the radio. In 2001, their debut EP album sold about 2,000 copies in the Wilkes-Barre area and in March 2002, the band signed a recording contract.
Kevin Amerman, a Times Leader staff writer, may be reached at 829-7218.
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The Band's Response:
Band sees no basis for lawsuit
The drummer was fired justly and was properly paid, says Breaking Benjamin’s manager.
By KEVIN AMERMAN kamerman@leader.net
The manager of a local platinum-selling band says the group’s former drummer was booted out of the band because of “chemistry” issues and says the ex-band member has been paid every penny of what he’s owed for songs that he contributed to.
Jeremy Hummel of Selinsgrove filed a lawsuit in federal court in Scranton this week against the members of his former band, Breaking Benjamin, saying they unjustly kicked him out of the group and have gobbled up profits from songs that he helped create. The lawsuit says the firing also prevents him from future earnings with the band and lists 11 counts against the group, with each count asking for $750,000 in damages.
“It is totally frivolous,” said the band’s manager, Larry Mazer of Entertainment Services Unlimited, who is named in the suit as well as band members Benjamin Burnley of Wilkes-Barre, Aaron Fincke of Drums and Mark Klepaski of Mountain Top.
Hummel says in March 2004, he asked the group if he could eventually go on paternity leave for four to six weeks to be with his wife for the birth of their first child. All band members agreed to allow the time off and Hummel continued to play with the band until it hired a substitute drummer to take Hummel’s place during the break, according to the lawsuit. In September 2004, Burnley called Hummel, who was still on paternity leave, and told him he was being dropped from the band, the lawsuit says.
“It had nothing to do with the paternity leave,” Mazer said. “(Burnley) thought the chemistry wasn’t there and wasn’t comfortable going on with Jeremy in the band. This is not like working for IBM or some corporation.”
Hummel could not be reached for comment on Wednesday.
The lead singer and drummer had “a difference of opinion” on various aspects of the band, said Mazer, who added that the two have known each other for several years.
“People who are married for 23 years get divorces,” he said.
Mazer said Hummel wants money from the band’s next album, which “he had nothing to do with” and said the former drummer still gets checks for songs that he contributed to.
“He’s 100 percent current,” Mazer said. “As recently as 10 days ago we sent him a check.”
The lawsuit, filed by Thomas P. Heeney Jr. of Pipersville, says Hummel doesn’t get any profits from two songs that were released on the soundtrack for the video game “Halo 2” and on the soundtrack for the movie “National Treasure.”
But Mazer said there are no profits from the song that’s on the soundtrack for the video game. He says the band wanted to get their music on the popular video game for promotional reasons and never got paid for it. He said the band was paid about $3,000 to be on the “National Treasure” soundtrack and said Hummel’s portion of that profit is in the check that was sent to Hummel 10 days ago.
The band shipped more than 1 million copies of its sophomore CD, “We Are Not Alone” this summer. Two of the band’s songs have reached No. 1 on the rock charts.
The suit claims that Hummel and Burnley formed the band under the name “Plan 9” in 1999 and decided to change the name to Breaking Benjamin in 2000, but Mazer said Burnley started a version of Breaking Benjamin without Hummel before Plan 9 was formed. Mazer said the first Breaking Benjamin dissolved and Burnley played solo before forming Plan 9 with Hummel, then changing the name back to Breaking Benjamin.
Kevin Amerman, a Times Leader staff writer, may be reached at 829-7218
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Now ain't that a pickle! *information courtesy of No Games.com *
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Ex-drummer sues Breaking Benjamin
Jeremy Hummell says he was kicked out of the band while he was on paternity leave; claims he isn’t receiving share of profits.
By KEVIN AMERMAN kamerman@leader.net
“Since the band and its manager refuse to account for the partnership profits, Mr. Hummel finds himself cut off from the continuing profits that the band currently accrues ... ’”
Lawsuit filed by attorney Thomas P. Heeney Jr.
The former drummer of a local band which has had national success is suing his ex-bandmates, saying they unjustly kicked him out of the group and have hoarded profits from songs he helped create.
Jeremy Hummel of Selinsgrove, one of the original members of Breaking Benjamin, filed the civil lawsuit this week in federal court in Scranton.
The lawsuit lists 11 counts against band members Benjamin Burnley of Wilkes-Barre, Aaron Fincke of Drums and Mark Klepaski of Mountain Top, with each count requesting at least $750,000 in damages.
The suit also names Larry Mazer of Entertainment Services Unlimited, the band’s manager, and ABC Corporation.
A representative of Entertainment Services Unlimited said Tuesday that the company has no comment on the lawsuit and band members could not be reached.
The suit says that in March 2004, Hummel asked the band if he could take a paternity leave of four to six weeks to be with his wife for the birth of their first child. All band members agreed to allow the time off and hired a substitute drummer to take Hummel’s place during the break, according to the lawsuit. In September 2004, Burnley called Hummel, who was still on paternity leave, and told he was being dropped from the band, it says. The complaint doesn’t say when the paternity leave started.
“Since the band and its manager refuse to account for the partnership profits, Mr. Hummel finds himself cut off from the continuing profits that the band currently accrues from such successful songs as ‘So Cold,’ ‘Polyamorous,’ and ‘Blow Me Away’ says the suit, filed by attorney Thomas P. Heeney Jr. of Pipersville.
The suit says the band members have “added insult to injury” by attempting to register the Breaking Benjamin trade name without including Hummel on the application.
Hummel does not receive any profits from the band’s second EP album, which he co-authored, and doesn’t get any profits from two songs that were released on the soundtrack for the video game “Halo 2” and on the soundtrack for the movie “National Treasure.”
The band shipped more than 1 million copies of its sophomore CD, “We Are Not Alone” this summer. Two of the band’s songs have reached No. 1 on the rock charts. The band toured this summer with 3 Doors Down and Staind.
Hummel and Burnley formed the band under the name “Plan 9” in 1999 and decided to change the name to Breaking Benjamin in 2000, the suit says. Their local performances attracted the attention of a Wilkes-Barre disc jockey who began playing one of their songs on the radio. In 2001, their debut EP album sold about 2,000 copies in the Wilkes-Barre area and in March 2002, the band signed a recording contract.
Kevin Amerman, a Times Leader staff writer, may be reached at 829-7218.
----
The Band's Response:
Band sees no basis for lawsuit
The drummer was fired justly and was properly paid, says Breaking Benjamin’s manager.
By KEVIN AMERMAN kamerman@leader.net
The manager of a local platinum-selling band says the group’s former drummer was booted out of the band because of “chemistry” issues and says the ex-band member has been paid every penny of what he’s owed for songs that he contributed to.
Jeremy Hummel of Selinsgrove filed a lawsuit in federal court in Scranton this week against the members of his former band, Breaking Benjamin, saying they unjustly kicked him out of the group and have gobbled up profits from songs that he helped create. The lawsuit says the firing also prevents him from future earnings with the band and lists 11 counts against the group, with each count asking for $750,000 in damages.
“It is totally frivolous,” said the band’s manager, Larry Mazer of Entertainment Services Unlimited, who is named in the suit as well as band members Benjamin Burnley of Wilkes-Barre, Aaron Fincke of Drums and Mark Klepaski of Mountain Top.
Hummel says in March 2004, he asked the group if he could eventually go on paternity leave for four to six weeks to be with his wife for the birth of their first child. All band members agreed to allow the time off and Hummel continued to play with the band until it hired a substitute drummer to take Hummel’s place during the break, according to the lawsuit. In September 2004, Burnley called Hummel, who was still on paternity leave, and told him he was being dropped from the band, the lawsuit says.
“It had nothing to do with the paternity leave,” Mazer said. “(Burnley) thought the chemistry wasn’t there and wasn’t comfortable going on with Jeremy in the band. This is not like working for IBM or some corporation.”
Hummel could not be reached for comment on Wednesday.
The lead singer and drummer had “a difference of opinion” on various aspects of the band, said Mazer, who added that the two have known each other for several years.
“People who are married for 23 years get divorces,” he said.
Mazer said Hummel wants money from the band’s next album, which “he had nothing to do with” and said the former drummer still gets checks for songs that he contributed to.
“He’s 100 percent current,” Mazer said. “As recently as 10 days ago we sent him a check.”
The lawsuit, filed by Thomas P. Heeney Jr. of Pipersville, says Hummel doesn’t get any profits from two songs that were released on the soundtrack for the video game “Halo 2” and on the soundtrack for the movie “National Treasure.”
But Mazer said there are no profits from the song that’s on the soundtrack for the video game. He says the band wanted to get their music on the popular video game for promotional reasons and never got paid for it. He said the band was paid about $3,000 to be on the “National Treasure” soundtrack and said Hummel’s portion of that profit is in the check that was sent to Hummel 10 days ago.
The band shipped more than 1 million copies of its sophomore CD, “We Are Not Alone” this summer. Two of the band’s songs have reached No. 1 on the rock charts.
The suit claims that Hummel and Burnley formed the band under the name “Plan 9” in 1999 and decided to change the name to Breaking Benjamin in 2000, but Mazer said Burnley started a version of Breaking Benjamin without Hummel before Plan 9 was formed. Mazer said the first Breaking Benjamin dissolved and Burnley played solo before forming Plan 9 with Hummel, then changing the name back to Breaking Benjamin.
Kevin Amerman, a Times Leader staff writer, may be reached at 829-7218
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Now ain't that a pickle! *information courtesy of No Games.com *