Brian Jonestown Massacre Settlement Seen

SAN FRANCISCO (CN) - Brian Jonestown Massacre frontman Anton Newcombe and former guitarist Jeffery Davies will settle a legal battle over royalties.

Attorneys for Newcombe, who now lives in Berlin, and Davies said in a notice of an undisclosed settlement that they had reached an agreement. The Oct. 23 notice asked the Federal Court to put a hold on proceedings until the parties reach a formal agreement to dismiss the case.

U.S. District Judge Nathaneal M. Cousins signed an order stating that the parties had "executed a formal and binding settlement agreement," signaling that court will likely bring an end to the case.

Newcombe last year sought a declaration from the court that Davies is restricted to authorship claims only of Jonestown tunes "Straight Up and Down," "Monster," and "Straight Up and Down II."

But in counterclaims, Davies said he co-wrote three more tunes, was the sole author of two additional tracks, and has an ownership interest in others.

Davies has taken similar claims to the state court in Los Angeles. In that filing he said Newcombe owed him royalties from "Straight Up and Down," which plays over the opening credits of HBO's television drama, " Boardwalk Empire ."

Davies joined the band in the 1990s but left in 2002 after a falling-out with Newcombe. The band's misadventures were recorded in "Dig," a documentary about Brian Jonestown's rivalry with fellow indie rockers, The Dandy Warhols.

Davies claimed that Newcombe and his attorney Barry Simons conspired to cheat him of his share of royalties in Jonestown songs, even after Newcombe allegedly told his bandmates in the 1990s that they would get credit for any songs they wrote or performed.

He also accused Newcombe of promising him a share in the proceeds of the band's recordings.

U.S. District Judge Nathaneal M. Cousins presided over the case.

David M. Given of San Francisco firm Phillips, Erlewine & Given represents Newcombe.

Davies is represented by Joshua W. Glotzer with Glotzer & Sweat of Beverly Hills.

The attorneys did not immediately respond to a request for comment.

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