LOS ANGELES (CN) – Two founding members of The Smashing Pumpkins sued Virgin Records, claiming it entered into agreements to sell the band’s music as downloads and ring tones without their consent. James Yoshinobu Iha and D’Arcy Wretzky-Brown say Virgin’s unauthorized dealings constitute breach of contract.
The Smashing Pumpkins was founded in 1988 and disbanded at the end of 2000.
The plaintiffs say Virgin made the deal to distribute the band’s music electronically in 2005 – five years after the band dissolved – and that Virgin did it without their consent or signatures. But they say, their “signatures and consent were expressly required under the Recording Agreement for any amendments of modifications.”
They say Virgin made its electronic distribution deals anyway, despite their explicit objections, and that Virgin has paid royalties to their former bandmate, William Corgan, without paying the plaintiffs or providing an accounting.
They are represented in Superior Court by Mark Passing with Dreier Stein Kahan.