Dutch music firm Disky Communications has filed a federal complaint against King Biscuit Entertainment Group, alleging that it has not been provided with master recordings that were the subject of a p
LOS ANGELES -- Dutch music firm Disky Communications has filed a federal complaint against King Biscuit Entertainment Group, alleging that it has not been provided with master recordings that were the subject of a previous legal action.
The new suit was filed July 13 in U.S. District Court for the Southern District of New York (case no. 04 CV 5413).
According to the action, Disky signed a written master licensing agreement with New York-based King Biscuit in August 2000.
The suit claims that in May 2001, Disky sued King Biscuit in federal court in New York (case no. 01 CV 3900), alleging that the company breached the licensing agreement.
In August of that year, Disky and King Biscuit entered into a settlement agreement. A written amendment to the licensing agreement stated that Disky had an exclusive five-year license (through August 2006) to distribute the masters at issue in Europe, Australia, New Zealand and South Africa.
Under the licensing agreement, King Biscuit was obligated to select and submit 25 album masters, of which Disky could accept up to 11.
At the time of the original agreement, Disky agreed to pay King Biscuit a $400,000 advance recoupable from royalties payable under the licensing pact. The advance was paid in August 2000.
The current action claims that King Biscuit "(failed to) provide Disky with any albums from which Disky can make its selection of the 11 albums it has the right to exploit."
The suit alleges that as of Dec. 31, 2003, 342,581.37 euros (approximately $442,400) of the advance to King Biscuit remained unrecouped.
Disky's suit seeks an award of specific performance to effect the label's selection of release of the 11 titles it is allegedly owed, plus compensatory damages to be determined.
A call to King Biscuit -- home of the King Biscuit Radio Network, King Biscuit Records and KingBiscuit.com -- was not returned.