Royalty suits filed vs. labels

The ongoing legal battle between artists and labels over digital royalties widened late last week, as two new suits alleging gross underpayments to acts were filed. On Friday, singer-guitarist Peter Frampton sued A&M Records, a unit of Universal Music Group, claiming he was paid a fraction of what he was due for downloads of his '70s hits. Frampton's suit succeeded a similar Thursday action filed against Capitol Records by the heir of the late Bruce Gary, drummer of '70s new wave act the Knack. The latter suit against EMI Music's flagship imprint is the first of several actions regarding digital royalty payments to be lodged against a label not operated by UMG. However, UMG could ultimately prove liable in that case, since last month the company made a successful $1.9 billion bid for EMI's label assets that has yet to be approved by regulators. Both plaintiffs scored huge hits for their labels in the '70s. Frampton's two-LP A&M concert set "Frampton Comes Alive" was No. 1 for 10 weeks in 1976, while the Knack's Capitol album "Get the Knack," which contained the No. 1 single "My Sharona," topped the charts for five weeks in 1979. Both suits allege breach of contract and unfair competition and seek compensatory damages to be determined at trial. Frampton's suit, which succeeds a 1998 royalty settlement between the musician and UMG, says the language of the agreement is "virtually identical" to that of last year's appellate court decision in F.B.T. Prods.' suit against UMG and Aftermath Records. That decision found that F.B.T., which produced Eminem's earliest recordings, was entitled to much higher digital royalties based on rates for masters licensed to third parties (Daily Variety, Sept. 7, 2010). It inspired class actions filed in federal court in Northern California earlier this year by the Rick James estate (Daily Variety, April 5); Rob Zombie, his band White Zombie, Whitesnake and Dave Mason (Daily Variety, May 24); and Chuck D of Public Enemy (Daily Variety, Nov. 3). On Dec. 22, Bruce Gary's sister Felice Catena, who holds rights to Gary's interest in the Knack, filed a suit in L.A. Superior Court alleging that Capitol has "systematically" paid less than the 50% of net receipts contractually due for licensed masters. Frampton's suit, lodged Dec. 23 in U.S. District Court in L.A., makes a similar allegation. Frampton claims that a $212,000 check sent to the musician without documentation late this year was "wholly insufficient to cover the actual monies owed to Frampton, which is potentially hundreds of thousands of dollars more than the insufficient partial payment made by UMG." Spokesmen for UMG and EMI could not be reached for comment. However, UMG has consistently maintained that the appellate decision in the so-called Eminem case does not constitute a legal precedent. Contact the Variety newsroom at news@variety.com

Holiday Movie Playlist: Our Favorite Christmas Movies

The holidays are nearly upon us, and while many of you out there will undoubtedly be spending your time roasting chestnuts on an open fire (or some other cheery activity) with your family, there's going to be down time. And what better way to spend that time than by watching some classic holiday movies? There are far too many feel-good Christmas movies (as well as some feel-bad holiday movies) out there to choose from, so if you find yourself stumped come December 25, never fear -- the MTV Movies team has compiled our all-time favorite holiday movie viewing experiences to make your season bright. "Die Hard" Now I have a machine gun. Ho Ho Ho. These words, written on a dead bad guys shirt by NY cop John McClane (Bruce Willis) and uttered by the Grinchiest of movie menaces Hans Gruber (Alan Rickman), exemplify why Christmas at Nakatomi Plaza is so much fun. The original Die Hard, a classic action flick which captured the wisecracking talents of Willis on the brink of his mega-stardom, is infinitely quotable and just as enjoyable on the tenth viewing as on the first. -Tami Katzoff "Home Alone" More than 20 years after Kevin McCallister sledded down his staircase and into theaters, "Home Alone" continues to be one of my favorite Christmas movies. Starring blond moppet Macaulay Culkin as the left-behind lad, the 1990 romp follows the boy who stayed as he protects his home from a pair of bungling burglars (Joe Pesci and Daniel Stern), all the while seamlessly weaving heartfelt holiday-ness with hilarious hi-jinks. I (and the American Dental Association) approve. (I probably shouldn't speak on behalf of the ADA, so for legal purposes, please consider this an assumption.) -Amy Wilkinson "Love, Actually" Is there anyone who doesn't love this wonderfully well-received ensemble romantic comedy? Even the most testosterone-charged of my male friends get all warm and fuzzy when they mention it. The reason it's perfect for the holidays is obvious: it's set right around Christmas, but unlike other films that try to capitalize on an already over-commercialized season with kitschy gimmickry (see "Valentine's Day" and "New Year's Eve"), "Love Actually" works because it's central theme is real love: The good, the bad, the messy, the hard to watch. Plus you could not assemble a better cast: Emma Thompson, Hugh Grant, Alan Rickman, Laura Linney, Colin Firth, Rodrigo Santorro, Keira Knightley, Andrew Lincoln (pre-"Walking Dead!") and amazing Bill Nighy performing the best new Christmas song ever, "Christmas Is All Around." -Kara Warner "The Christmas Toy" With "The Muppets" back in the spotlight, there's no better time to revisit this little-seen Jim Henson made-for-TV gem about a group of toys who come to life when no one's looking. No, we're not talking about "Toy Story" -- "The Christmas Toy" dates the Pixar classic by several years, and while I'd stop short of saying it's a better film, it's certainly the one I cherish more. Old friends, dear friends, Meteora, eww-it's-Mew, Rugby the Tiger (aka the greatest Christmas toy of all)... this movie has it all. Hands down, my favorite holiday movie of all time. -Josh Wigler "The Lord of the Rings" Extended Edition It's not the most obvious choice, but stick with me here. In all, the three extended editions of the "Lord of the Rings" trilogy clock-in at a butt-numbing 12 hours. Now, I love these movies, but when I am supposed to watch them and not feel bad about sinking four hours on "Return of the King" on a random Saturday? The holidays offer the perfect combination of guilt-free sloth and large amounts of free time, the ideal movie marathon conditions. Aside from being convenient, the time of year always reminds me of "The Lord of the Rings," because they were guaranteed Christmas presents each year they came out on DVD. So maybe it isn't that weird after all, jerk. -Kevin P. Sullivan What are your favorite holiday movies? Tell us in the comments section and on Twitter!

'Ghost Rider: Spirit of Vengeance' Trailer: Nicolas Cage Fights the Antichrist

Good news and bad news: a brand-new trailer for 'Ghost Rider: Spirit of Vengeance' has arrived ... but, unfortunately, it does not feature Nicolas Cage pissing fire. (Curses!) In fact, the new trailer does a pretty great job of depressing any trashy expectations you may have had from 'Ghost Rider: Spirit of Vengeance.' Despite plenty of fire-breathing and ass-kicking from Ghost Rider himself, the new trailer features a ton of cheesy, cliched dialogue we've come to expect from Cage films over the years. 'Ghost Rider: Spirit of Vengeance,' which stars Cage, Johnny Whitworth and Idris Elba, hits theaters Feb. 17, 2012. [via Yahoo!] Follow Moviefone on Twitter Like Moviefone on Facebook

Why Armie Hammer Almost Switched Clint Eastwood Lower

Why Armie Hammer Almost Switched Clint Eastwood Lower By Jessica Gardner December 13, 2011 Fresh off playing the Winklevoss twins in "The Social Networking," Armie Hammer gives a superb supporting performance in Clint Eastwood's "J. Edgar." It is a performance that almost did not happen, because Hammer initially switched lower the audition. His agent known as and told him "J. Edgar" casting director Fiona Weir wanted him to audition for negligence Clyde Tolson, J. Edgar Hoover's reliable agent and long term companion. Hammer browse the script and think it is great but did not comprehend the character. "He did not seem sensible in my experience,Inch states Hammer. "I did not get why Clyde stuck around and required Edgar's hot-and-cold abuse. I did not comprehend the depth of the love and also the complications of their relationship."Hammer passed, telling his agent when he could not comprehend it, he wouldn't prosper within an audition. Weir endured, telling him "Clint" wanted him to audition. "I had been like, 'Okay, well, now you use his title like this, I suppose I must are available in,A " jokes Hammer. He switched to his older, gay buddies to assist him understand Tolson and Hoover's complex relationshipwhat it had been enjoy being a guy deeply in love with a guy currently when this type of relationship was completely taboo. Then, he entered Weir's office and requested questions to have an hour . 5 until he felt comfortable enough to possess her put him on tape. Not much later, he got a phone call that Eastwood wanted him for that film. Hammer hired a investigator to assist him search as many details as he could on Tolson and Hoover. Hammerwho has analyzed with your instructors as Lesly Kahn, John Reise, and presently Deborah Aquilasays he's large on studying and preparation. He approaches serving as intellectually as you possibly can. "I understand this is an art of emotion," he states. "But when you are just doing the work for emotion every time, it may be wild, cumbersome, and unwieldy, or may possibly not work. Should you truly understand intellectually who this type of person or what their deal isnot the things they did why they made it happen, their headspaceI find it's not hard to occupy them." Meeting His Match Although his onscreen relationship with Leonardo DiCaprio, who plays Hoover, was full of subtext and connection, the 2 only had one testing before shooting, when DiCaprio asked film writer Dustin Lance Black and Hammer to his house. "We did not even put things on their ft," recalls Hammer. "We simply go through the script and talked about some moments. Essentially, we both emerged with this figures and turned up to create. We did not actually have a discussion about how exactly for each other should these men be or perhaps is there any connection. We did not address it, that we thought was appropriate simply because they did not address it. The figures would haven't addressed it. It had been always like, the elephant within the room. I believe that exercised well. But additionally dealing with Leo made it very easy. It's like, if you are playing tennis with someone that's much better than you, it improves your game, you realize?InchFor that emotional fight scene, Hammer states he and DiCaprio contacted it with just as much importance and energy because they could bring. "There's a lot which i reached do for the reason that scene, that was great," he states. "It is so rare that you will get a scene that well-written, where it's as if you start at one place and finish inside a place completely different while going for a huge detour. It had been amazing dealing with smash glass from the wall and scream and fight and only the fake bloodstream and everything. It had been a very intense day."Eastwood Style We have spent with director David Fincher, noted for doing take after take and departing his stars exhausted through the finish during the day, being directed by Eastwood would be a change of pace. "They could not be more polar opposite," states Hammer. He compares watching Eastwood direct to watching an expert glass blower create a vase: "They do not seem like they are trying hard. They are just chill. They'll speak with you while they are doing the work. Then out of the blue they are done, and you've got a perfect vase. That is what it's as with Clint. It's enjoy it does not require effort for him to complete what he is doing. You believe that you are no longer working with enough contentration, but actually you simply need to learn to trust him."Eastwood made the decision that after the time had come for that actors' faces to age, they would not use CGI but rather would act through latex masks. On the very first day of putting on the mask and makeup (which required eight hrs to use), Hammer discovered the difficulties. He spent time searching inside a mirror, determining steps to make themself look like he was naturally smiling, squinting, and grimacing. "I needed to find out how my face labored," he states. "You need to emote a lot more to get what you are looking to get across in the future via a quarter inch of latex that's superglued for your face." In true Eastwood style, no coaches were hired to assist the stars with mask acting. "Decipher it working for yourself. Decipher it while you go. However, you better decipher it quick," Hammer states. Despite the fact that it had been challenging, Hammer was thrilled using the decision. "It felt really nostalgic," he states. "We've got to create a movie the old-fashioned way, without computer systems and all sorts of the nonsense that goes in it. The film looked exactly like when they shot it in 1950. It had been a classic-school, nostalgic movie that the old-school, nostalgic director made."Outtakes Were built with a dental professional inject his whole mouth with Novocain to simulate what it might be like to try and talk after getting a stroke. Did not meet Eastwood until 2 days before filming: In the DGA Honours, Kevin Spacey, executive producer of "The Social Networking," introduced them after discovering they had not met. States his first day on set was terrifying: "I had been relaxing in between Leonardo DiCaprio, Clint Eastwood, Dustin Lance Black, and Dame Judi Dench. I had been like, 'What the hell shall we be held doing here?' However, you can't create a gemstone without pressure, you realize? Knowing I had been up against these stories, it place the anxiety about failure into me, and so i had to beat it."Approaching roles include Prince Andrew Alcott in "Mirror Mirror" and John Reid/The Lone Ranger in "The Lone Ranger" opposite Johnny Depp. Why Armie Hammer Almost Switched Clint Eastwood Lower By Jessica Gardner December 13, 2011 Fresh off playing the Winklevoss twins in "The Social Networking," Armie Hammer gives a superb supporting performance in Clint Eastwood's "J. Edgar." It is a performance that almost did not happen, because Hammer initially switched lower the audition. His agent known as and told him "J. Edgar" casting director Fiona Weir wanted him to audition for negligence Clyde Tolson, J. Edgar Hoover's reliable agent and long term companion. Hammer browse the script and think it is great but did not comprehend the character. "He did not seem sensible in my experience,Inch states Hammer. "I did not get why Clyde stuck around and required Edgar's hot-and-cold abuse. I did not comprehend the depth of the love and also the complications of the relationship."Hammer passed, telling his agent when he could not comprehend it, he wouldn't prosper within an audition. Weir endured, telling him "Clint" wanted him to audition. "I had been like, 'Okay, well, now you use his title like this, I suppose I must are available in,A " jokes Hammer. He switched to his older, gay buddies to assist him understand Tolson and Hoover's complex relationshipwhat it had been enjoy being a guy deeply in love with a guy currently when this type of relationship was completely taboo. Then, he entered Weir's office and requested questions to have an hour . 5 until he felt comfortable enough to possess her put him on tape. Not much later, he got a phone call that Eastwood wanted him for that film. Hammer hired a investigator to assist him search as many details because he could on Tolson and Hoover. Hammerwho has analyzed with your instructors as Lesly Kahn, John Reise, and presently Deborah Aquilasays he's large on studying and preparation. He approaches serving as intellectually as you possibly can. "I understand this is an art of emotion," he states. "But when you are just doing the work for emotion each time, it may be wild, cumbersome, and unwieldy, or may possibly not work. Should you truly understand intellectually who this type of person or what their deal isnot the things they did why they made it happen, their headspaceI find it's not hard to occupy them." Meeting His Match Although his onscreen relationship with Leonardo DiCaprio, who plays Hoover, was full of subtext and connection, the 2 only had one testing before shooting, when DiCaprio asked film writer Dustin Lance Black and Hammer to his house. "We did not even put things on their ft," recalls Hammer. "We simply go through the script and talked about some moments. Essentially, both of us emerged with this figures and turned up to create. We did not actually have a discussion about how exactly for each other should these men be or perhaps is there any connection. We did not address it, that we thought was appropriate simply because they did not address it. The figures might have never addressed it. It had been always like, the elephant within the room. I believe that exercised well. But additionally dealing with Leo managed to get very easy. It's like, if you are playing tennis with someone that's much better than you, it improves your game, you realize?InchFor that emotional fight scene, Hammer states he and DiCaprio contacted it with just as much importance and energy because they could bring. "There's a lot which i reached do for the reason that scene, that was great," he states. "It is so rare that you will get a scene that well-written, where it's as if you start at one place and finish inside a place completely different while going for a huge detour. It had been amazing dealing with smash glass from the wall and scream and fight and merely the fake bloodstream and everything. It had been a very intense day."Eastwood Style We have spent with director David Fincher, noted for doing take after take and departing his stars exhausted through the finish during the day, being directed by Eastwood would be a change of pace. "They could not become more polar opposite," states Hammer. He compares watching Eastwood direct to watching an expert glass blower create a vase: "They do not seem like they are trying hard. They are just chill. They'll speak with you while they are doing the work. Then out of the blue they are done, and you've got an ideal vase. That is what it's as with Clint. It's enjoy it does not require effort for him to complete what he is doing. You're thinking that you are no longer working with enough contentration, but actually you just need to learn to trust him."Eastwood made the decision that after the time had come for that actors' faces to age, they would not use CGI but rather would act through latex masks. On the very first day of putting on the mask and makeup (which required eight hrs to use), Hammer discovered the difficulties. He stayed searching inside a mirror, determining steps to make themself seem like he was naturally smiling, squinting, and grimacing. "I needed to find out how my face labored," he states. "You need to emote a lot more to obtain what you are looking to get across in the future via a quarter inch of latex that's superglued for your face." In true Eastwood style, no coaches were hired to assist the stars with mask acting. "Decipher it working for yourself. Decipher it along the way. However, you better decipher it quick," Hammer states. Despite the fact that it had been challenging, Hammer was thrilled using the decision. "It felt really nostalgic," he states. "We've got to create a movie that old-fashioned way, without computer systems and all sorts of the nonsense that adopts it. The film looked exactly like when they shot it in 1950. It had been a classic-school, nostalgic movie that the old-school, nostalgic director made."Outtakes Were built with a dental professional inject his whole mouth with Novocain to simulate what it might be like to try and talk after getting a stroke. Did not meet Eastwood until 2 days before filming: In the DGA Honours, Kevin Spacey, executive producer of "The Social Networking," introduced them after discovering they had not met. States his first day on set was terrifying: "I had been relaxing in between Leonardo DiCaprio, Clint Eastwood, Dustin Lance Black, and Dame Judi Dench. I had been like, 'What the hell shall we be held doing here?' However, you can't create a gemstone without pressure, you realize? Knowing I had been facing these stories, it place the anxiety about failure into me, and so i needed to overcome it."Approaching roles include Prince Andrew Alcott in "Mirror Mirror" and John Reid/The Lone Ranger in "The Lone Ranger" opposite The Actor-brad Pitt.

Salma Hayek Admits She Once Prayed For Breasts

First Published: December 8, 2011 3:31 PM EST Credit: Getty Images LOS ANGELES, Calif. -- Caption Salma Hayek attends the Puss In Boots NY screening at The Hearst Tower on October 24, 2011Salma Hayek is known for her hourglass physique, but the Latina actress revealed she once asked for some Holy intervention when she was a flat-chested youngster. I was the youngest in class and all these girls were starting to get them and I wasnt getting anything I was really scared, Salma revealed while taping an appearance for Britains The Graham Norton Show, per The Daily Mail. In fact, Salma said her once-tiny frame prompted ribbing from her classmates. I was getting teased a lot because everyone was older and I was the skinny tomboy, she revealed. The ribbing was so bad, the Puss in Boots star said she asked Jesus for some help. I went to a church that had a saint that was supposed to do a lot of miracles, she said. I put my hands in the holy water and went, Please Jesus, give me some boobs. Copyright 2011 by NBC Universal, Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

TV Ratings: 'How I Met Your Mother' Delivers Highs, American Country Awards Grow

Returning with the cast-of-thousands, multiple storyline approach they applied to Valentine's Day, Garry Marshall and screenwriter Katherine Fugate take on New Year's Eve, but this time out the result proves to be as appealing and effervescent as a flute of flat champagne.our editor recommends'New Year's Eve' Premiere Red Carpet Arrivals'New Year's Eve' Film Stills: Ashton Kutcher, Lea Michele, Jessica Biel'New Year's Eve': Abigail Breslin Talks About Her First On-Screen Kiss (Video)'New Year's Eve' Trailer: Ashton Kutcher, Lea Michele, Zac Efron Ring in 2012 (Video)'New Year's Eve' Second Trailer Shows Off Star Power (Video) PHOTOS: 'New Year's Eve' Premiere Red Carpet Arrivals A remarkably maudlin affair that possesses scant evidence of Marshall's trademark brisk efficiency, the trite romantic comedy may technically take place on the last night of 2011, but it feels stuck at least 30 years in the past. Despite the attempts of a sprawling all-star ensemble to lend their flimsy characters any sort of involving definition, the majority end up lost in the perpetual shuffle. While Warner Bros. could still ring in some decent numbers, the tally will likely fall well short of the $110 million enticed by Valentine's Day. VIDEO: 'New Year's Eve' Star Abigail Breslin Talks About Her First On-Screen Kiss Using a potentially intriguing p.o.v. as its jump-off point-the behind-the-scenes orchestrations leading up to the annual Times Square ball drop-the film squanders many rich possibilities as it flits indifferently from story to story and character to character. Among them: Hilary Swank as the stressed-out, newly-promoted vp of the Times Square Alliance, responsible for making sure the big countdown goes off without a hitch; Robert De Niro as a terminal cancer patient determined to take in the action down in the street; Jon Bon Jovi as a rock star and Katherine Heigl as the one he let get away who happens to be catering the big bash at which he'll be performing. Then there's Sarah Jessica Parker as a single mom having relationship problems with teenage daughter Abigail Breslin; and Lea Michele as a back-up singer who finds herself stuck in her building's stalled elevator with a jerky neighbor (Ashton Kutcher). VIDEO: 'New Year's Eve' Trailer: Ashton Kutcher, Lea Michele, Zac Efron Ring in 2012 Elsewhere, landing with a particular thud are a pair of strained plotlines-one involving Michelle Pfeiffer as a meek, mousy office assistant who enlists the aid of bike messenger Zac Efron to help her realize a bucket list of unfulfilled resolutions. The other features Jessica Biel and Seth Meyers and Sarah Paulson and Til Schweiger as a pair of expectant couples who face off in a fierce battle to take home the hospital's $25,000 prize awarded to the first birth of the new year. They mainly succeed in inducing groans. PHOTOS: Ashton Kutcher's Career Through the Years To add to all the fun, the glittering countdown ball has gotten stuck during a run-through, much to the displeasure of Swank, not to mention Ryan Seacrest who gripes that it wouldn't have happened to Dick Clark. While on the subject of dropping the ball, in spite of Marshall's endeavors to keep them all in the air, Fulgate's cavalcade of cliched characters never come convincingly together for a common cause. VIDEO: 'New Year's Eve' Second Trailer Shows Off Star Power Ultimately, their intertwined, forced stories play out like schmaltzy Altman. Only Halle Berry manages to mine some honest gravity as a night nurse who has a poignant celebration lined up come midnight, but, like so many of the performances in the distancing, incohesive New Year's Eve, it felt like it came from a completely separate movie. Opens: Friday, December 9 (Warner Bros.) Production companies: New Line Cinema, Wayne Rice/Karz Entertainment Cast: Halle Berry, Jessica Biel, Jon Bon Jovi, Abigail Breslin, Chris "Ludacris" Bridges, Robert De Niro, Josh Duhamel, Zac Efron, Hector Elizondo, Katherine Heigl, Ashton Kutcher, Seth Meyers, Lea Michele, Sarah Jessica Parker, Michelle Pfeiffer, Til Schweiger, Hilary Swank, Sofia Vergara. Director: Gary Marshall Screenwriter: Katherine Fugate Executive producers: Toby Emmerich, Samuel J. Brown, Michael Disco, Josie Rosen, Diana Pokorny Producers: Mike Karz, Wayne Rice Director of photography: Charles Minsky Production designer: Mark Friedberg Music: John Debney Costume designer: Gary Jones Editor: Michael Tronick Rating: PG-13, 118 minutes PHOTO GALLERY: View Gallery 'New Year's Eve' Premiere Red Carpet Arrivals Ashton Kutcher Jessica Biel Jon Bon Jovi Lea Michele Sarah Jessica Parker New Year's Eve