Sullivan V. Jamison Court Case 2010

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Sullivan V. Jamison Court Case 2010

Postby Slander » Tue Jul 26, 2011 10:08 am

"But it ain't about how hard you hit... it's about how hard you can get hit, and keep moving forward." Rocky Balboa
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Postby Andrew » Tue Jul 26, 2011 11:06 am

I've been following this for a while now. Certainly doesn't make someone look very good and puts into the public domain the reasons why there will never be a reunion.
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Postby Journey/Survivor » Tue Jul 26, 2011 4:45 pm

It appears to me that something related to this case just took place on July, 25, 2011. And that there will be another hearing by, or even before, August, 15, 2011.

If you Google "Sullivan VS Jamison" and scroll down the page a little bit, you should be able to find what I read.

Coincidentally. I see that there is some company called Jamison And Sullivan INC.
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Postby Journey/Survivor » Tue Jul 26, 2011 5:17 pm

As I've stated before, it will always be a strong preference of mine that Sullivan and Droubay be part of any Survivor album or concert.

I had already started a thread before I knew about this current court case, requesting that Jim Peterik start up a new Survivor-like project with Jimi Jamison, Dave Bickler and Stephan Ellis.

As much as I would love to see a Survivor reunion featuring Sullivan, Peterik, Droubay, Ellis and either Jamison or Bickler, I know that it's highly unlikely to ever happen.

But reading about this current court case makes it seem all the more logical to me that Peterik put together a Survivor-like project with himself, Jamison, Bickler and Ellis. All 4 of them have had their run-ins with Frankie Sullivan, but they appear to get along well with each other.

Throw in Gary Smith on drums to complete the reunion and help recapture the classic Survivor sound.

Come on, Jim. Were dying for a return of Survivor's music! Even if your not allowed to call it Survivor.
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Postby Eyeof » Wed Jul 27, 2011 1:14 am

I think what is shows me is (legal right or not) someone is not a very good person...

I'm so sick of everyone telling me that a Survivor with FS is not Surivor...But a "Survivor" without Dave or JJ or JP or Ellis or anyone else is...that BS...

And I'm not talking about legally...who cares on that note...

There is NO way anyone is going to tell me that I would rather hear FS and McAuley than Dave, JP, Ellis and Marc and another guitar player...sorry...you can call me names, say i'm crazy, but I don't buy it...

And taking into accout the guy is obviously a con man and swindler, on top of the fact he's an obvious liar...why do I want to cheer him anyways?

who knows...
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Postby axecrew » Wed Jul 27, 2011 1:26 am

Eye of....gotta agree 100% . The paperwork in this doesn't make sullivan out to be the saint that he wants everyone to think he is and the fact that the judge dismissed his request to throw out the countersuit tells you there is enough evidence to prove what Stephen and Jimi are saying.
No wonder he has MILLIONS of dollars and doesn't need to work anymore(sorry joe), but if he's banking 80% of all roalties and has been for a VERY long time............
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Postby Slander » Wed Jul 27, 2011 3:22 am

axecrew wrote:Eye of....gotta agree 100% . The paperwork in this doesn't make sullivan out to be the saint that he wants everyone to think he is and the fact that the judge dismissed his request to throw out the countersuit tells you there is enough evidence to prove what Stephen and Jimi are saying.
No wonder he has MILLIONS of dollars and doesn't need to work anymore(sorry joe), but if he's banking 80% of all roalties and has been for a VERY long time............


By the way, this is the first peep I have heard about Stephen Ellis in years!
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Postby Eyeof » Wed Jul 27, 2011 3:59 am

He lives!!!!!
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Postby Tito » Wed Jul 27, 2011 7:24 am

Oops! Posted this in the wrong thread originally. Someone beat me to the punch about Ellis too. Anyway, here's my post:

I think the biggest story of this lawsuit is Stephen Ellis is alive! I didn't think anyone knew where he was. Glad he's ok.

Legit question, how much are Jamison and Ellis entitled to? They really didn't write any of the songs. I know they get paid for playing on the songs, but is that really that much (relatively speaking)? How much is the lawsuit worth - I'm only asking as it is somewhat public record (although I haven't seen a dollar amount)? Even if they win, won't most of the winnings go to lawyers? Bottom line, is this worth the money?
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Postby Journey/Survivor » Wed Jul 27, 2011 7:51 am

Tito wrote:Oops! Posted this in the wrong thread originally. Someone beat me to the punch about Ellis too. Anyway, here's my post:

I think the biggest story of this lawsuit is Stephen Ellis is alive! I didn't think anyone knew where he was. Glad he's ok.

Legit question, how much are Jamison and Ellis entitled to? They really didn't write any of the songs. I know they get paid for playing on the songs, but is that really that much (relatively speaking)? How much is the lawsuit worth - I'm only asking as it is somewhat public record (although I haven't seen a dollar amount)? Even if they win, won't most of the winnings go to lawyers? Bottom line, is this worth the money?


Actually, Jamison did do a little bit of writing on WSC and THTS. But Peterik and Sullivan did still do the bigger majority of the writing.

Even if Jamison and Ellis don't wind up keeping very much money from the settlement, I still think it's worth it to not let you know who screw them out of their fair share.
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Postby Andrew » Wed Jul 27, 2011 11:29 am

You don't always have to be part of the songwriting team to be entitled to something. It all depends on what the original deal/contract stated and whether that was since ammended.

When Jimi rejoined Survivor a new agreement was obviously struck and later abandoned.

VERY complicated little band this and seemingly most of the poison seems to seep from one point.
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Postby TageRyche » Wed Jul 27, 2011 11:43 am

I'm just tired of reading anything about Survivor that isn't new music being released related.
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Postby Tito » Wed Jul 27, 2011 11:46 am

Andrew wrote:You don't always have to be part of the songwriting team to be entitled to something. It all depends on what the original deal/contract stated and whether that was since ammended.

When Jimi rejoined Survivor a new agreement was obviously struck and later abandoned.

VERY complicated little band this and seemingly most of the poison seems to seep from one point.


This is true. Not to taking anything away from what they accomplished but this isn't exactly the Rolling Stones. As a matter of fact, if weren't for EOTT, these guys would be working office jobs right now to pay their rent. Really how much are they fighting over. How many lawsuits has this band been involved in (with each other). There was the one from the 90's when there were two Survivors and others including this one. The winners in this, as usual, are the lawyers...to the point, I would be willing to say, I bet the lawyers have the biggest share of Survivor royalties. This band may have more lawsuits than Tom Scholtz. Thank God this band wasn't huge or this would be something. It would have been better for ALL involved to just say a long time ago, "here's your fuckin' money and now beat it."
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Postby Red13JoePa » Wed Jul 27, 2011 11:48 am

Andrew wrote:You don't always have to be part of the songwriting team to be entitled to something. It all depends on what the original deal/contract stated and whether that was since ammended.

When Jimi rejoined Survivor a new agreement was obviously struck and later abandoned.

VERY complicated little band this and seemingly most of the poison seems to seep from one point.


Yep this is amazing.
Might explain some of Frankie's "You were going to be Sting!" rant when the news of the Rockcandy reissues broke.
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Postby Tito » Wed Jul 27, 2011 11:50 am

How come Peterik isn't getting sued? Or did he get screwed too or did he just get his fair share. Andrew, I may need to do an about face. You should write that book, except turn it into a movie.
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Postby Tito » Wed Jul 27, 2011 11:52 am

To follow up one of my prior post, honestly shouldn't this thing be settled on one of those TV Court shows (Judge Judy, Judge Mathis, etc.). EOTT is probably the only reason (monetarily) this lawsuit isn't on there. Probably wouldn't be a bad P.R. stunt.
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Postby Andrew » Wed Jul 27, 2011 12:16 pm

Tito wrote:How come Peterik isn't getting sued? Or did he get screwed too or did he just get his fair share. Andrew, I may need to do an about face. You should write that book, except turn it into a movie.


It's a great (sad) story....but no takers so far with any publishers. Need something of a carrot to get me started as can't afford to do something with no guarantee at the end right now.
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Postby Andrew » Wed Jul 27, 2011 12:17 pm

Tito wrote:
Andrew wrote:You don't always have to be part of the songwriting team to be entitled to something. It all depends on what the original deal/contract stated and whether that was since ammended.

When Jimi rejoined Survivor a new agreement was obviously struck and later abandoned.

VERY complicated little band this and seemingly most of the poison seems to seep from one point.


This is true. Not to taking anything away from what they accomplished but this isn't exactly the Rolling Stones. As a matter of fact, if weren't for EOTT, these guys would be working office jobs right now to pay their rent.


Nah dude...they had a bunch of hits.
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Postby Journey/Survivor » Wed Jul 27, 2011 12:56 pm

Here are what Survivor's hit songs did on the American Billboard Charts.

"Eye Of The Tiger" #1
"Burning Heart" #2
"The Search Is Over" #4
"High On You" #8
"Is This Love" #9
"I Can't Hold Back" #13
"American Heartbeat" #17
"Poor Man's Son" #33
"How Much Love" #51
"First Night" #53
"Didn't Know It Was Love" #61
"Summer Nights" #62
"Somewhere In America" #70
"Across The Miles" #74
"The One That Really Matters" #74
"Caught In The Game" #77
"Man Against The World" #86
"Rebel Girl" #103

They also performed "The Moment Of Truth" which reached #63 on Billboard. They didn't write it, so they don't get songwriting royalties from it. But they do get performance royalties from it, I would imagine. And it is in a highly successful film, "The Karate Kid."

I wonder what kind of money Jamison makes in both writing and performance royalties from his Baywatch theme song "I'm Always Here?'
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Wow !

Postby bulldog » Thu Jul 28, 2011 8:29 am

This is very interesting . I think something big should come out of this . If the judge rules in favor of the the other guys this could cost Sullivan major money . I always thought this is what was wrong with the band. Maybe if Sullivan & Peterik were just a writing team that wrote songs for any artist it would be different. many people have stated they see Survivor for being a faceless band and a "One Hit Wonder ".

I never thought Dave Bickler or Jimi Jamison got the credit they deserved for being the vocalist of this 80"s hit machine. Back in the day we as fans never could have found such information on these events.

Peterik has to get royalties from writing the songs and when they get played on the air. Is the 20% they say he gets from the Survivor brand name ?

Unless Sullivan takes care of Droubay how can he keep playing with him ?

All of the members should have received equal share . Without any of them the sound and the songs would not be the same.

Not good ... Frankie
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Re: Wow !

Postby Journey/Survivor » Thu Jul 28, 2011 1:51 pm

bulldog wrote:Unless Sullivan takes care of Droubay how can he keep playing with him ?



Yeah, I was thinking about that too. From what I've heard in the past, Droubay is supposedly payed VERY LITTLE per show. So little that I don't know how he could get by?

Maybe there is some sort of side arrangement between them?
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Re: Wow !

Postby Mikele » Fri Jul 29, 2011 12:26 pm

Journey/Survivor wrote:
bulldog wrote:Unless Sullivan takes care of Droubay how can he keep playing with him ?



Yeah, I was thinking about that too. From what I've heard in the past, Droubay is supposedly payed VERY LITTLE per show. So little that I don't know how he could get by?

Maybe there is some sort of side arrangement between them?


Your source of infos is so in- that it even goes into details of the share per show??
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Re: Wow !

Postby Journey/Survivor » Fri Jul 29, 2011 3:39 pm

Mikele wrote:
Journey/Survivor wrote:
bulldog wrote:Unless Sullivan takes care of Droubay how can he keep playing with him ?



Yeah, I was thinking about that too. From what I've heard in the past, Droubay is supposedly payed VERY LITTLE per show. So little that I don't know how he could get by?

Maybe there is some sort of side arrangement between them?


Your source of infos is so in- that it even goes into details of the share per show??


No. That's not any inside-info that I have exclusively. I believe I've seen it discussed on this forum in the past?

Maybe Eyeof or Red13JoePa or some of the others might remember what I'm talking about?
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Re: Wow !

Postby Red13JoePa » Sat Jul 30, 2011 12:23 am

Journey/Survivor wrote:
Mikele wrote:
Journey/Survivor wrote:
bulldog wrote:Unless Sullivan takes care of Droubay how can he keep playing with him ?



Yeah, I was thinking about that too. From what I've heard in the past, Droubay is supposedly payed VERY LITTLE per show. So little that I don't know how he could get by?

Maybe there is some sort of side arrangement between them?


Your source of infos is so in- that it even goes into details of the share per show??


No. That's not any inside-info that I have exclusively. I believe I've seen it discussed on this forum in the past?

Maybe Eyeof or Red13JoePa or some of the others might remember what I'm talking about?



Yea when Jamison gave that interview a while back (it's in here if you search) blasting Frankie for among other things, never being paid for his work on Reach, he mentioned something about poor Droubay getting a relative pittance per show and having to do drum lessons with kids on the side or something.
Can't vouch for the trueness of it but this is an extremely talented but fragmented band with tons of bad blood.
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Re: Wow !

Postby Slander » Sat Jul 30, 2011 1:55 am

Red13JoePa wrote:
Journey/Survivor wrote:
Mikele wrote:
Journey/Survivor wrote:
bulldog wrote:Unless Sullivan takes care of
Yea when Jamison gave that interview a while back (it's in here if you search) blasting Frankie for among other things, never being paid for his work on Reach, he mentioned something about poor Droubay getting a relative pittance per show and having to do drum lessons with kids on the side or something.
Can't vouch for the trueness of it but this is an extremely talented but fragmented band with tons of bad blood.


Didn't Jimi in the interview talk about living off of his credit cards? That got to me thinking: What the hell is he doing with the royalties from the Baywatch Theme?
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Postby axecrew » Sat Jul 30, 2011 2:19 am

What royalties......
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Postby bulldog » Sat Jul 30, 2011 8:16 am

Unreal about all this. I am glad Jimi still has a good enough voice to continue on with live shows and various recording projects. It shows how dirty the music business can be. I believe Jimi is working harder now than ever and capturing a wider audience .

Jamison should have never gone back to Survivor in 1999 -2000 . He was on a great roll and Empires was good enough to reach a new group of fans. The internet though wasn't quite what it is today for exposure.

What stops Jimi from just getting a group of awesome musicians and re-record all the hit songs he had with Survivor and some of his now out of print solo material.

I am sure he is making more money now per show than he ever did with Frankie Sullivan . His global exposure is great .


Crossroads Moment & Extra Moments were good cds . I also wished he would have been with Peterik at the start of Pride Of Lions .. It's Criminal & Unbreakable would have been classic Survivor type hits with his vocals and Peterik's exciting writing.

Millions in the bank or the respect and love of fans for your work every night ? I don't know why someone so great as Frankie is just doesn't go out and do 100 dates a year to get the new band over . It always seems people that have huge talent and could really plug in with fans and sell merchandise and promote waste it over useless pride .

In the end it's all about the fans.
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Postby Joe Vana » Sat Jul 30, 2011 3:39 pm

bulldog wrote:Unreal about all this. I am glad Jimi still has a good enough voice to continue on with live shows and various recording projects. It shows how dirty the music business can be. I believe Jimi is working harder now than ever and capturing a wider audience .

Jamison should have never gone back to Survivor in 1999 -2000 . He was on a great roll and Empires was good enough to reach a new group of fans. The internet though wasn't quite what it is today for exposure.

What stops Jimi from just getting a group of awesome musicians and re-record all the hit
songs he had with Survivor and some of his now out of print solo material.

I am sure he is making more money now per show than he ever did with Frankie Sullivan . His global exposure is great .


Crossroads Moment & Extra Moments were good cds . I also wished he would have been with Peterik at the start of Pride Of Lions .. It's Criminal & Unbreakable would have been classic Survivor type hits with his vocals and Peterik's exciting writing.

Millions in the bank or the respect and love of fans for your work every night ? I don't know why someone so great as Frankie is just doesn't go out and do 100 dates a year to get the new band over . It always seems people that have huge talent and could really plug in with fans and sell merchandise and promote waste it over useless pride .

In the end it's all about the fans.


NO...In the end it is ALL about the MUSIC!!!!!!!!

I write music because I HAVE too....it is my release....without it I would go insane.....and most of the lyrics on Undeniable are about the up's and downs of relationships.....it get's me through the day...it works...if it was a money grab it would not impact me like it does....ask JP or FS what is MOST important, and they will BOTH say the music....

The fans are important to make a living in music.....but most guys are like me and do it for Love......I respect all the fans of my music....and I Know they would kick my ass if I gave them an album that attempted to create a hit, instead of being true to the music and giving them the quality and emotion they are looking for....

YOU Survivor fans bought their houses and cars.....but the music had to be the MAIN thing, or you would have never bought it!!!

It's the Singer AND the Song...

JV
Last edited by Joe Vana on Tue Aug 02, 2011 1:16 am, edited 1 time in total.
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Postby def » Tue Aug 02, 2011 12:40 am

The more scared one gets the more desperate the actions...

http://docs.justia.com/cases/federal/di ... 02195/116/
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Postby Mikele » Tue Aug 02, 2011 5:16 am

Even though the legal acts are there for all to see, no one can really know what is really behind that, except those involved.
And, to be honest, regarding Jamo interviews (blasting FS), I would tend not to take his statements as the bible, knowing full well that egos are constant features in singers race. You couldn't be a great performer without it.
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