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Statement from Square One Entertainment regarding fDeluxe Neil Richards Square One Entertainment
I wasn’t going to address this topic any further but there are so personal attacks flying around on prince.org that I couldn’t sit on my hands.
Firstly, can I say this will be the one and my one and only post on the Prince topic ... I want to focus all my energies on fDeluxe and the new album ‘Gaslight’. The industry is so tough at the moment that we have a lot of work ahead of of us if we want the people who like D’Angelo, The Roots/John Legend, Raphael Saadiq, Janelle Monae, Mark Ronson, Mayer Hawthorne, The Time and other great acts to discover this music.
Can I also say that I appreciate that people on both sides of the fence are passionate but please don’t hate. Prince doesn’t deserve that, and neither does fDeluxe.
For the record Prince is one of my favorite artists (alongside other great soul/funk artists)... I have nothing but admiration for his musicality, showmanship and risk taking. I just represent all my client to the best of my ability and sometimes that means I have to kick up a stink.
I was the first person to offer condolences to him via his manager Kiran Sharma after the death of his brother (she hadn’t heard at that stage so she called me to ask if I knew the details), and a fDeluxe band member passed on Bobby Z’s family contact details at her request after his heart attack. I hope this shows to you all that although we are fighting on a business level at the moment there is no personal animosity ... I hope Prince feels the same way.
The band ALL admire his musical talents and are immensely grateful for the opportunities that he gave them early in their professional lives.
For the record: The group broke up in the mid 80’s, soon after scoring a top 10 R&B hit with the song ‘Screams Of Passion’. Business was not handled correctly. Paisley Park/Warner issued The Family album without a finalized contract signed by the whole band. PRN/Paisley Park or whomever the parent company is have continued to exploit the band’s image, voice etc with the full knowledge that they is doing so without the performer’s permission. The fact that Paisley Park was a label created by Prince, an artist who has protested so loudly and publicly about the treatment of artists by record companies/labels is rather ironic.
To this day artist royalty statements have not been received (which in turn means the band have no idea if and/or what monies they as artists are owed) nor have they all been contacted about exploitation of any master recordings (which features Prince’s songs but their voices). For those who are not music industry savvy there are 2 parts to a recorded song - the song itself (i.e the written bit) and what is actually recorded (i.e the master recordings). As the writer Prince can do what he wishes with the song, but the master recording is a whole different issue and one that needs to be resolved. Its taken so long to address this issue because the group never had anyone involved who was willing to fight for their rights. I am.
Prince had raised the possibility of re-issuing the 1985 album by The Family, touring and “doing it how they should have done it” or words to that effect. While the group MAY have opted work with Prince again on a limited basis, I as a manager would be ensuring that all contracts were signed before we went any further.
The group, previously known as The Family, then the Family 2.0, changed their name to fDeluxe after a meeting with former label boss/producer Prince who claimed to own the name (he didn’t) to avoid a legal battle which they could not afford. The group is happy enough using fDeluxe but would have liked to utilize the word “Family” (preferably, “The Family”) somewhere in the title to give provide that link to the past.
Prince offered “to help” should the group agree to use another name - which we have - yet his manager has ignored numerous requests regarding the possibility of opening shows etc, save for a simple “I will pass on your message to Prince today” late last year. While we would appreciate an offer to open for him (or artists of similar standing) - he is an amazing live performer who plays to large crowds - we understand that its his call at the end of the day and he can put on whomever he wants. It’s HIS shows and he owes the band nothing (except the aforementioned) but to offer help then to ignore numerous follow-up emails/calls is disappointing.
People have asked why have I chosen to go public on certain things. I can’t fight this legally but I will fight back the best way I can. For the record I have contacted Prince’s lawyers and management requesting information on numerous occasions (several phone calls, many emails) and they ignore any topic they don’t like (i.e missing royalty statements, proof of name ownership). In fact it wasn’t until after several emails and calls had been made requesting information on these matters that I received a letter from his legal team regarding the name “The Family”. I am of the opinion his team wants me to stop hounding them about the outstanding statements/paperwork but ignoring me isn't going to work.
Regarding the name. fDeluxe cannot go into a legal battle with Prince. He’s too rich and this would cost hundreds of thousands of dollars. At the end of the day fDeluxe will sell a few thousand records but nothing huge so there’s no incentive to do that. If I could find a young lawyer who wanted to take on the case pro bono then I can go to town. At the end of the day Prince does not own the mark, and it is doubtful that his application be approved. To be more specific “highly unlikely” is the words the US trademark officer lawyer used when pointing out the marks owned by Puff Daddy & The Family and La Famile (spelling may be incorrect), two examples used to deny Prince’s original application (from 2009). Applicants must also have a genuine intent to use that trademark ... he hasn’t used it for 20 years - and the album has been long out of print - so why did he apply for it?
People say the group members are trying to live off his name. Individually they have all had successful careers in their own right outside of Prince (in fact the sales they have achieved as writers, producers, performers - St Paul had a top 40 pop hit - far outweighs anything they did under his umbrella) although their public profile was higher whilst working with him. Susannah has written for Madonna & Eric Clapton, Paul’s work has been nominated for 2 grammies and received multi-platinum awards, Jellybean has produced #1 and top 10 pop hits, Eric has one of the most recognizable sax sounds in the world ... just because they aren’t seen or can’t sell out arenas (on a side note, I’d settle for selling out clubs!) doesn’t mean they aren’t successful in their own small way. We will always mention these acts as well as the Prince association because a. he wrote and produced a great album that the group were part of, b. he’s one of the greatest artists EVER and c. it’s part of the group’s history. We just use it as a way to say “hey, these people are talented folks who have had success working with other talented folks”. No different than when a press release says “New single from Artist X produced by The Neptunes (then lists all the Neptunes credits) and written by Babyface (and lists his notable credits) ...
Just to clarify a post I made on a public forum recently regarding a letter sent to me by Howard King, whom PRN had employed to work on his behalf. Howard King is a very honorable, professional man and no longer represents Prince on this issue. In fact, Jill Berliner at the same company is Susannah Melvoin’s attorney.
Thank you for taking the time to read this. I hope this clears up a few things and we can file the whole conversation away for good.
Regards,
Neil Richards Square One Entertainment
[Edited 5/21/11 19:16pm] [Edited 5/21/11 21:23pm] [Edited 5/22/11 0:56am] | |
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well u making it person we the fans didnt have 2 know about none of this it was yall who had 2 bring it up so it show how trashy yall are and u feeding off prince name prince never mentions none of yall wenches unless its in a good manner. the family put out one boring ass cd u dont have a long history of music get over it | |
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[Snip - luv4u] | |
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Priase Prince in one breath, put down music he wrote in another.
Prince sikking lawyers on people is is soooo classy.
At the end of the day, both parties need to sit down and hash this out. Supposed fans of fDeluxe (more like Prince fans posing as fDeluxe fans) bringing this over to the org is fucking ridicluous.
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[Snip - luv4u] | |
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Excellent post, Neil, and it provides a lot of insight into the ordeal!!! Thanks for posting and helping to set some things straight.
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i'll buy a new d'angelo album. where the hell has he been?
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Thanks for posting, Neil. The honesty is appreciated. If prince.org were to be made idiot proof, someone would just invent a better idiot. | |
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Thank you Neil for setting it straight Ohh purple joy oh purple bliss oh purple rapture! REAL MUSIC by REAL MUSICIANS - Prince "I kind of wish there was a reason for Prince to make the site crash more" ~~ Ben |
- E-mail - orgNote - Report post to moderator |
I am surprised that Prince didn't try to stop Carmen Electra or Apollonia from using their names. It seems like something he would try to control. The expanded version of my book PRINCE and The Purple Rain Era Studio Sessions 1983-1984 was released in November 2018. (www.amazon.com/gp/product/1538114623/ref=dbs_a_def_rwt_bibl_vppi_i0) or www.facebook.com/groups/1...104195943/ | |
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Neil, you know I have a great deal of respect for you, the conversations we have had and I appreciate that you take the time to clarify things. As I think I mentioned to you before - there's a vocal minority of usually misinformed people both here and on facebook who will pick a side and proceed to bash the other, but I know that you can respect the articulate folks who make fair points even if it's supporting/trying to understand Prince's position in this whole scenario.
At the same time of course you are the person with the most knowledge of the situation from the bands side so regardless of how anyone feels about the best way to handle all of this, for you to shed some light here - particularly regarding Prince's position regarding the band in general - is certainly beneficial.
With regards to the royalty statements - is that not something that should be discussed with Warner Bros? After all - despite the album being released through the Paisley Park subsidiary - it would be Warners that would have that information. I am sure you must have discussed this with Alan being as he was the President of the label at the time - has he said whether the statements were ever delivered to Paisley Park from Warners? Prince himself has said words to the effect of not receiving accurate/detailed records regarding the sales of "Purple Rain" from Warners - if that is indeed true then how can it be expected that Prince himself or his team have, or have ever had the information for The Family's album?
I understand that you have relented to not use the name "The Family" in any form for the new project - so therefore logic will follow that you won't still be making enquiries as to proof of the name ownership? Where do the legalities regarding "Brand confusion" fit into this whole affair, as it seems rational to assume that that is where Prince's position on the matter is? For example - his right - if he so wished - to form a new band under the same name - using the styling/visual branding which he developed for the original project? Ie, the european, film noir, influence, or even on a more basic level, simply a project fronted by two singers, male and female?
Is it unfair for him to wish to retain a degree of control over a project that he created, conceptualized, funded and put in most of the work for - if the new project is to be generating revenue on the back of a familiar brand, and (in a live performance context) songs that he wrote? Is there not a possibility of trying to create a situation such as the one The Time did with the "Pandemonium" album? IE - they acknowledged that Prince required a level of control on the project if they were to be using a name, branding and history of work that HE had done.... and in return, it was the first Time album in which Jimmy Jam, Terry Lewis, Jesse Johnson, Monte Moir and Jellybean Johnson were also allowed to have songs on the record that were written, composed, produced and performed by them without any Prince involvement. Perhaps you could talk to Jellybean about the ins-and-outs of how that situation transpired - especially since, prior to that, it had been a significant amount of time (almost a decade) since the band had featured the full, original line-up.
Anyway, I do hope all of this gets resolved. Although my personal opinion sways more towards Prince's perspective as I see it, I do have a great deal of respect for you, Fdeluxe, and your position on the whole situation also. |
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This is only going to upset Prince by posting here.
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You act as if the new The Time album hasn't been stuck in pergatory 'cause Prince hasn't felt like dealing with it. Good God!!! Space for sale... | |
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That is PURE speculation.
And it's not even true, because a representative for them reached out to me privately and confirmed that wasn't the case the last time we had that discussion on here. [Edited 5/21/11 23:11pm] |
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I love and respect fans....all fans. Even those fans who don't choose to support the same music I embrace. That's what makes it all so fascinating. But sometimes I wish fans who wish to extoll their wisdom were forced to take a Music Business 101 class before doing so. Like any industry, the complexities and nuances of music business law is something that requires study and experience. Second guessing professionals who have done so is rather pointless. Everyone is entitled to opinions and I personally love those that don't agree with mine - it keeps me thinking. But no one is entitled to manufacture facts. With that in mind, I'm beginning to realize why some on prince.org have expressed curiosity as to why a music biz professional would choose to participate here. Now I get it and it's too bad. The dialogue with fans should be more productive in the spirit of sharing perspectives but less about second-guessing each other.
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Ohh, now your the arbiter of truth? Stop. Just stop! Cause my cousin Bonita got a call from her sister's brother's uncle....
fyi: I, in all honesty, have heard otherwise. From people who say Prince has been bat-shit crazy these past few years...So, yeah, I call bull on your sources. Space for sale... | |
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That's your prerogative, so I call bull on yours too and I guess we're even then. I did not see any evidence to suggest that the person I was talking to was anything other than genuine. But, believe whatever you want, it makes absolutely no difference to me. |
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Prince, in you I found a kindred spirit...Rest In Paradise. | |
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So Prince has no legal right to the name. He's just threatening to sue. Maybe it's because I didn't go to Music Business 101, but I really don't understand why someone doesn't just call his bluff?
Either that or just let the God Damned thing drop already.
This shit is really getting annoying.
It most likely wouldn't even get to court, especially considering he has no legal right to the name. He's only threatening. He has a history of threatening people, and getting his way.
So stand up to him already.
Yes, Prince is an asshole for discouraging use of the name or his involvement. Okay, we get that. So the band decided not to use the name 'The Family' as the band or album name.
What else is there to discuss? People just keep talking in circles here.
I'm personally through. I'll get the album if it's ever released. Who knows? Prince might decide to send a threatening letter or something preventing it all together, and then they'll all bow to his whims again, not release it, and complain about it on facebook.
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Alan, I'm not sure who you were addressing (I guess a general post, but I haven't read every single post made on this forum on the matter) but I don't claim to be a lawyer, simply a music biz professional myself as an artist with a little more insight than many on here with regards to certain topics. Regarding your comments about second guessing and extolling wisdom, more than anything else as far my interest in this topic, both on this forum and in private conversations with Neil, I'm looking for specific answers to questions which haven't been addressed and areas that I have no problem stating that I know little about. I don't think anyone is out to "manufacture facts", but rather to gain a clearer understanding from multiple perspectives. And I would urge you to not be cynical about the choices you, Neil, or anyone may make to engage in conversation here regardless of any curiosity expressed by anyone.... I think the open nature of the platform is a greater freedom than any other.......
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Kudos for trying to get through to some folks on this site, Mr Leeds. The attempt was valiant, if not entirely fruitful. Many of us truly value your insight and your time. If prince.org were to be made idiot proof, someone would just invent a better idiot. | |
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In all fairness, the group of diehard Prince fans that still exist have datamined his history for so many years that, for some people, certain things are gospel. Fitting that certain fans would hold so much faith in an artist who is devoutly religious. That being said, Prince has managed to stir his fans up so much that there is a great sense of divisiveness now. It is less about the fun of being a fan nowadays because Prince does not make it very fun to be one. | |
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Speak for yourself
I've never not had fun as a fan. What exactly isn't fun for you? |
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My, this forum is addicting, lol. Wasn;t addressing anyone specific. Not sure what questions have not been addressed but please respect that there may certain aspects of things that Neil is not at liberty to discuss publicly. You can be assured and Neil has stated clearly that any and all legal issues effecting fDeluxe are being professionally and properly addressed in the appropriate venues. No one here is the least bit intimidated by Prince or his attorneys, just understandably annoyed. BTW the ownership of many Paisley Park Records projects originally issued through Warner Brothers eventually reverted to Prince. As I'm sure you and most fans realize, Prince has chosen not to make available any of the records originally issued on Paisley Park including The Family, Madhouse and Sheila E. He has also refused to cooperate with any proper remastering or further re-compiling of any of his Warner recordings. Nevertheless, please understand that while it makes for good gossip, as Neil has explained more fully, the use of the name THE FAMILY is no longer an issue. Neither Prince nor fDeluxe own rights to the name. It's a dead issue. There's nothing there to argue over even if any of them wanted to!
The issue is Prince and his attorneys continuing to annoy with threats based a false claim of ownership. He and his so-called management have refuted every attempt to discuss this and any other aspect in a civil manner on a level playing field. If it were only so simple, these hollow threats could be laughed away. However, not everyone in the industry has the interest or the time to research this stuff. Thus such threats addressed elsewhere could theoretically discourage record companies, booking agents, promoters, venue operators et.al. from doing business with fDeluxe for fear of legal exposure or even of alienating Prince, an artist they may also want to do business with. THAT is what is at stake - and is being dealt with properly in professional circles. As for Prince's involvement in the band - he has none other than having written and produced their original album. In all these years he has never expressed any interest in exploiting or promoting The Family. His in-action strongly suggests it was a dead issue for him. UNTIL they reunited and announced a new recording. He has no authority over the band or their own music. Furthermore, there are "right to work" laws that protect one's ability to earn a living doing what they do. Attempts to interfere cannot be tolerated. I can't imagine anything plainer than that. So Neil is right. The conversation, with all due respect, should be over. | |
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Thank you Neil for you statement and help in clearing a few facts.
Alan it's down to you and people like you within the industry to lay down the truth as you know it and to help try to keep the fans from second guessing.
Having said that I'm only going to contradict myself by saying that IMO Prince hasn't really got over the fact that St. Paul quit The Family prematurely and never gave it a chance. It was still Prince's dream to pick up from where they left off... Quote from Neil's statement: Prince raising the possibility of re-issuing the 1985 album by The Family, touring and “doing it how they should have done it” Which would have been great and tie up any unfinished business with a concept and a group he created.
Most hardcore fans already knows about Prince's views on CONtracts - by tagging on (understandingly) the line about contracts and unpaid royalties must have put Prince off the idea big time.. thus all the ignored messages ond emails which followed.
It's a shame really.. I can see both points of view and it looks like total stalemate.
One the one hand The Family is simply not The Family without Prince's involvement or blessing... and on the other Fdeluxe -- if you truly believe and have faith in the music you have created should just drop any connection with the past, re-invent yourselves, just get on with and not worry about a name. The music will speak for itself.
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I concur. A breath of fresh air, thank you. | |
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Neil & Alan, Thanks for posting and clarifying the situation. It would be fantastic if one day 'The Family' were able to open a show for Prince, as that would be awesome for the fans.
Best of luck with everything.
One minute they want peace……
Then do everything to make it go away. | |
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Thank you, thank you, THANK YOU, Alan. I'm hoping this helps to shut everybody up. You've fully explained everything, and this should hopefully stop all of the "well, why don't they do this....why don't they do that!"
I sure hope you continue to contribute to these boards from time to time, as I can think of a BUNCH of things where your insight would prove most valuable. | |
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Squareoneentertainme said:
I don't own any of the former Family's albums, but I do remember that song from the 80s, and haven't heard it in awhile. Anyway, I just read on the Concerts forum that "Screams of Passion" was played as part of Prince's sampler, at his concert in San Jose last night. [Edited 5/22/11 8:58am] | |
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If the goal as you put it was to "shut everybody up", (your words, not Alan's), then a blog posting with comments disabled could have been made. Otherwise feedback should be expected. For better or worse, two-way conversation is what happens when public statements are made on a forum.
Shutting everybody up is your agenda, not his and while I agree that his and Neil's insights have been interesting and informative, none of us were ever entitled to any of this information in the first place. Prince, in you I found a kindred spirit...Rest In Paradise. | |
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