Labels at Loggerheads Over 'X Factor' Winner
MANHATTAN (CN) - "X Factor Australia" winner Samantha Jade Gibbs' former record label released without permission two songs that do not belong to it, Zomba Recording says in Federal Court.
Gibbs met with Johnell Harris of Camp West Recorders and Affinity Entertainment Group in 2002 when the Perth, Australian-born chanteuse was just 15 years old; the parties entered into a recording agreement where Gibbs would deliver a "long playing album" in a year.
Plaintiff Zomba acquired all copyrights to all of Gibbs' recordings in December 2004. The agreement also gave Zomba exclusive perpetual right and license to manufacture the singer's songs. During that time, Gibbs created dozens of recordings.
In March 2008, Zomba Affinity terminated the parties' agreement and released Affinity and Gibbs from further obligations.
But Zomba now says Gibbs' December 20212 album, "The Golden Touch" contains at least two songs, "Remember" and "Move," that were released during the time she was under contract with Zomba.
"Zomba did not, at any time, authorize, license, or otherwise consent to the exploitation by or on behalf of Harris and/or Camp West, of any of the Zomba/Gibbs masters in connection with 'The Golden Touch' album or otherwise," the lawsuit states.
Camp West Recorders filed a lawsuit in Los Angeles Superior Court this May, accusing the singer of breaching contract by signing a deal with Sony Music.
Zomba seeks unspecified damages along with all profits earned from the alleged infringements, and wants all copies of the album destroyed, for copyright infringement and conversion.The lawsuit was filed by Sandra A. Crawshaw-Sparks with Proskauer Rose.