Analysis of the Breaking Benjamin Break-Up

by justindburton on September 6, 2011

Over at techdirt, entertainment attorney Martin Frascogna gives a rundown of the legal issues surrounding the band Breaking Benjamin’s recent in-fighting. Frascogna takes a look at the band’s problems from several different angles, but the basic gist is that it isn’t easy to break up a band.

There three principal legal issues in the dispute:

  1. Is the Band Agreement valid because the Band Agreement essentially dictates who entered into a contract with Hollywood Records? Meaning – Did Breaking Benjamin as a collective group OR as Finckle and Klepaski acting as individuals and unauthorized representatives of the band sign the Recording Agreement.
  2. Who owns the Breaking Benjamin trademark? The trademark dictates how the band proceeds with future recordings.
  3. What happens to the Hollywood Records Agreement?
  4. Bonus: Because label haters probably want me to dissect the Recording Agreement into a bloody carcass, due to the cyber-bullying and arm-pulling, I’ll reluctantly do so. However, I warn you that during this time of the legal dispute, the Recording Agreement is somewhat irrelevant as the Band Agreement and the Breaking Benjamin internal drama must unravel first.

Frascogna also includes a couple of videos, one of which is titled, “How to Sell 1 Million Albums and Owe $500,000.”

http://www.youtube.com/watch?v=NcwgdB0NltY

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