at 15:25 on October 12, 2009, EDT.
By THE ASSOCIATED PRESS

SEATTLE - Singer Carly Simon is suing Starbucks Corp., saying the coffee company's now-defunct music venture didn't adequately promote her 2008 album, dooming the record before it was even released.

The singer, whose biggest success came during the 1970s and '80s with hits like "You're So Vain" and "Anticipation," is seeking unspecified damages related to the release of the 14-track "This Kind of Love" in April 2008.

In a lawsuit filed Friday with California's Los Angeles County Superior Court, Simon and her attorneys said the album wasn't available in "a substantial number" of Starbucks stores during the key early months following its release. Later, when the disc was stocked in Starbucks locations, the Seattle-based company slashed the price.

"By doing so, Starbucks stigmatized Ms. Simon's album as an album that could not be sold at full price," according to the claim.

In a statement issued Monday, Starbucks said it met all its contractual obligations and even extended the amount of time it promoted the album in New York and Boston.

"Unfortunately, sales continued to lag as the title received tepid response from music consumers," Starbucks said. "Other retailers faced the same fate with this CD."

Simon blamed the performance of the title - which has sold only 124,000 copies, according to The New York Times, which first wrote about the litigation - on a decision by Starbucks days before the album's release to end its involvement in Hear Music, a joint venture with Concord Music.

Simon's next record, "Never Been Gone" is scheduled to be released later this month by Iris Records.

Starbucks shares rose 29 cents, or 1.4 per cent, to $20.53 in morning trading Monday.


©The Canadian Press, 2009

For some reason I knew this was going to happen really soon with her announcing a new album for release...

what a mess.I wonder how other artists have fared,selling their CDs at Starbucks?

In Starbucks defense, lets get real. Carly got all these locations, which are billions, i mean here in NYC there is one on every block, and if you are programmed to play the cds you sell, so she was getting that push, she got her cd on their counters, all of these things she would NEVER get at a store, at a radio station at this point in her career, so her complaint is really moot. Others have had no issues, McCartney did well, Mellencamp did well, and now this Pete Yorn cd is doing light years better than any he has had on his label which is UNIVERSAL which is good for shit. And they even push new GOOD artists like Anjulie which is the best new artist this year NOT lady fucking gaga.

So carly chill out and get some coffee, you were lucky to sell 127,000, i mean thats three times what i think you would sell at a label. Oh and Joni Mitchell did well too.

Carly should be lucky anyone would even buy her album after all these years, lol

SoulAlive said:

most of the time, it's to look cool, and appeal to wannabe hipsters. most people who go to starbucks go there for the coffee, not the bargain bin quality cds.

the only exception to this, that i've found, is herbie hancock's one cd.

Life is too short for this shit.

Carly became a mega star and 38 years into her career she still sells over 100,000 copies.

That's something to be praised, not the source of litigation.

So much of this nonsense could be settled over a cup of coffee.
[Edited 10/12/09 20:19pm]

Brendan said:

Exactly, the John Mellencamp sold 310,000 between starbucks and some retail, his previous one through a label the year before sold 220,000 thats with no radio and no push and no hype and no scandals, and hes pushing 60 at this point. Hes not sueing he knows where hes at. I mean Carly you get your check up front be happy someone is stocking it, there arent even any stores now. The new Hall and Oates box set isnt even going to be in most stores WTF?

BenaimanBawkah said:

Actually i havent bought them there, but being there i have been hipped to new artists and collections, they were playing ANJULIE when no one was talking about her, they had Pete Yorn before anyone and some cool new collections too.

Timmy84 said:

I'd buy it


It's Carly Simon, dammit!

bboy87 said:

Shit, I would too, it ain't like she's starving for sales, lol. It's 2009, lol

My question is, did Ms. Simon get off her butt and promote her album at "Coffee On the Corner" shops. It's a whole new music business world. Heck I would have been asking Starbucks aka C.O.T.C. if could bring my ax and sing. If Ms. Simon sales are lagging everwhere eles maybe ol' girl needs to come to the painful realization the her Cd wasn't any good.

Older artists have to be realistic.They need to lower their expectations and accept the fact that they're not gonna sell millions anymore.Carly should be thrilled that her CD sold as much as it did.She needs to get out there and focus on touring,since that's where the real money is anyway.

Brendan said:

127,000 copies? That's actually phenomenal, it's not uncommon for artists of her type to only do around 50,000, and oftentimes less.

I didn't see her ass on the TODAY show, or REGIS & KELLY, or LENO for that matter!!!!! U gotta at least go "half-way" if U want ur sh*t to sell these days!!!!

127,000 what is she whining about, in this age of digital music and downloading everything, the fact she moved 6 figures is a miracle. Even now the biggest selling records each year usually only do 3 - 5 million (PHYSICAL) copies. Heck I can't even get 200 people to watch my youtube videos.
If I sold 127,000 copies of anything! I would be absolutely floored

is she the gal who used to bang James Taylor?

Huggiebear said:

The biggest selling stars sell about 1-2million copies. In fact no album has sold more then something like 1.5million so far in 2009. And this total is just not physical copies this includes digital album sales too. Those days when purple rain sold 1.3million in a single day r long gone
[Edited 10/13/09 4:49am]

I think that,by going through with this ridiculous lawsuit,Carly is embarassing herself.She's drawing attention to her record sales,making herself look really dumb and clueless.

Huggiebear said:

SoulAlive said:

What Would Madonna Do?

BenaimanBawkah said:

I call it liquid cocaine.

Cinnie said:[quote]

SoulAlive said:

What Would Madonna Do?[/quote]

you so crazy.

Timmy84 said:

I love Carly Simon, ass!

SoulAlive said:

I have to agree with you on this.

TD3 said:

I want to actually ponder this.

I remember hearing how last year not long after it's release she was on Howard Stern and talking about how they screwed up the promotion. If she wins, that is the way to make money back from the music business!

lastdecember said:

See, but she is arguing that they WEREN'T on all their counters, right? I know I ended up buying the CD elsewhere!

VinnyM27 said:

But she also got free promotion too, the deal was severed and yet her cd still got carried. Carly was caught in the middle of transition, like when a label changes hands or gets sucked up by another major and then distributed, its kind of like what happend with MYA when Motown signed her, paid her and never put the album out here, to avoid litagation Motown released it over in Japan and made some $$ off "Liberation" a few years back.