Raiding the Rock Vault Feud Settled

LAS VEGAS (CN) — An undisclosed settlement has ended a federal copyright lawsuit over the Raiding the Rock Vault classic rock stage show at the Tropicana in Las Vegas.

Las Vegas attorney Jonathan W. Fountain of Lewis Roca Rothgerber Christie, who represents the plaintiff Raiding the Rock Vault show, filed notice of voluntary dismissal with prejudice on May 5.

In an amended complaint of March 30, Rock Vault Tours said it received a cease-and-desist letter from show co-founder David Kershenbaum's attorney in January, claiming the show infringes upon copyrights co-owned by Kershenbaum. The letter said a planned show, Raiding the Country Vault, also would use infringing content.

Kershenbaum was Raiding the Rock Vault's co-director and co-writer for a time during its run at the former LVH casino, now Westgate Las Vegas Resort and Casino. He also is co-owner of some of the copyrighted material used in the production.

The show at the Tropicana, however, is new, and Kershenbaum had no role in its creation, Raiding the Rock Vault said, adding that it rewrote the show after Kershenbaum's departure.

Raiding the Rock Vault said Kershenbaum offered to sell his interests in the show's copyrights for $1 million, though he had no role in its creation.

If it rejected the offer, Kershenbaum would "proceed to enforce his rights ... through the 'commencement of litigation and/or the pursuit of injunctive relief'" to stop future performances, Raiding the Rock Vault said in the complaint.

Raiding the Rock Vault challenged Kershenbaum's claims in Federal Court in January. In its amended complaint of March 30 it said Kershenbaum no longer challenged the show's co-ownership of copyrighted material, but wants compensation for profits derived from their jointly owned copyrights.

Raiding the Rock Vault argued that Kershenbaum was not owed a share of profits, because the show's script and format were different. But Kershenbaum said they are the same songs played in the same order, and he's owed half of the show's profits.

Raiding the Rock Vault sought a court ruling that it is using a different script, that Kershenbaum is not owed any money, and invalidating any copyright claims he might have against the show. It also wanted the court to order the U.S. Copyright Office to cancel the copyright.

With the undisclosed settlement in place, Raiding the Rock Vault agreed to dismissal with prejudice.

Kershenbaum's attorney, Cory Baskin of Woodland Hills, Calif., confirmed the settlement but declined to comment further.

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