Public Enemy's Chuck D sues UMG

BY CHRISTOPHER MORRIS Rap act Public Enemy's frontman Chuck D has added his title to some chorus of Universal Group artists who've prosecuted the organization for underpayment of digital royalties. Inside a related matter, a federal judge has refused UMG's motion to dismiss the sooner actions filed by Take advantage of Zombie and Ron James' estate. Chuck D (real title Carlton Douglas Ridenhour) filed their own class action lawsuit against UMG in U.S. District Court in Northern California on Wednesday. The experience alleges "UMG's accounting practiceshave permitted UMG to unlawfully withhold a large amount of money it receives from digital content companies" for that purchase of digital downloads and master ring tones. Based on the action, UMG acquired privileges to Public Enemy's 1987-98 tracks if this acquired Def Jam, the rap act's label, in 1998. The suit claims "UMG is having to pay complaintant along with other class people roughly 25% from the royalties that it ought to be having to pay them for moneys received from music download companies." It alleges that on 1,000 digital singles downloaded at 99 cents each, artists are titled to $315.85, versus $80.33 owed based on UMG's information. For 1,000 ring tones offered at $3 each, the suit claims artists are owed $660, versus $49.89 owed based on UMG's methodology. Chuck D's action cites last year's appellate court decision in F.B.T. Productions' suit against UMG and Aftermath Records, which discovered that F.B.T., which created Eminem's earliest tracks, was titled to greater digital royalties according to rates for masters licensed to 3rd parties (Daily Variety, Sept. 7, 2010). That decision also inspired class actions filed in federal court in Northern California captured through the James estate (Daily Variety, April 5) and Zombie, his band Whitened Zombie, Whitesnake and Dork Mason (Daily Variety, May 24). On Monday, U.S. District Court Judge Susan Illston refused UMG's motion to dismiss the situation with different reading through of Zombie's and James' contracts indicating the correct venue for law suit. Illston also refused UMG's motion to transfer the situation in the court's Northern District to the Central District. Chuck D's action now brings the amount of pending royalties cases against UMG to 3. James Pizzirusso, a lawyer at Hausfeld LLP in Washington, D.C., that is representing the rapper, told Daily Variety, "I can tell the instances will ultimately be consolidated." Contact the range newsroom at news@variety.com