Baker Hostetler today announced the filing of a complaint in the Supreme Court of the State of New York seeking damages on behalf of world-famous performers Beverly Lee of The Shirelles, Dionne Warwick and Chuck Jackson, as well as the Estates of Doris Coley Jackson and Addie Harris Jackson, for the unauthorized use of their names and likenesses in connection with the new Broadway show, "Baby, It's You."
The complaint alleges that the producers of the biographical musical, Warner Bros. Theater Ventures, Inc., Warner Bros. Entertainment Inc. and Broadway Baby, LLC., have promoted the musical publicly as "The Shirelles' Musical" and based the play upon the life and career of The Shirelles, Ms. Warwick and Mr. Jackson.
Baker Hostetler Partner Oren Warshavsky, who filed the complaint, said: "The Plaintiffs, having been cheated out of their royalties once already when they were young, are being victimized again, as they are forced to see their names, likenesses and biographical information being used without their consent."
The complaint alleges that the play, opening at the Broadhurst Theater in Manhattan on Wednesday, April 27, 2011, makes use of the details within the individual history and styling of these nationally treasured, lifetime artists. "We believe that the producers of ‘Baby, It's You,' the Defendants, should not receive financial gain or other benefits from the use of these great artists' lives and success without having consent to do so," said Mr. Warshavsky.
The Shirelles were formed in 1958 in New Jersey and became the first major female vocal group of the rock-and-roll era, blending pop/rock with rhythm and blues. The Shirelles' success was unprecedented, with continued Top Five Hits (‘Will You Love Me Tomorrow' in 1960, ‘Dedicated to the One I Love,' ‘Mama Said,' ‘Big John' in 1961, ‘Soldier Boy' and ‘Baby, It's You' in 1962). Ultimately, they had thirteen songs in the Top 40 of the Pop and/or R&B charts and were inducted into the Rock and Roll Hall of Fame in 1996. Beverly Lee owns the trademark to the name "The Shirelles" and continues to perform as "The Shirelles."
Dionne Warwick, one of the country's best known musicians for almost fifty years, began her career in 1962. She has had over forty songs reach the Top 40 on Pop, R&B and Adult Contemporary charts and she ranks as Billboard's second-most charted female vocalist with fifty-six singles. She has won multiple Grammy Awards. Her songs are archived in the Grammy Hall of Fame and have been rated as the best songs of the 20th Century by the Recording Industry Association of America. She continues to perform and record.
Chuck Jackson was a member of the Dell-Vikings in the 1950's and performed with Jackie Wilson's Revue before being signed to Scepter Records, where The Shirelles and Dionne Warwick were also recording. His hits, ‘I Don't Want to Cry,' 'Any Day Now,' 'I Keep Forgettin' and ‘All Over the World' are well known and are four out of fourteen recordings that reached the Top 40s on the R&B charts. Mr. Jackson continues to perform and work with children.
"It is disappointing that the producers of the play would simply piggy-back on the careers of these original artists without asking permission at all, let alone without sufficiently compensating the people without whom there would be no Broadway story, original music or iconic styling," Mr. Warshavsky said.
In addition to Mr. Warshavsky, Baker Hostetler attorneys Gerald Ferguson, Anthony Stark, Jessie Schweller, and Lindsey Shoshany contributed to the filing.
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