Diary of a Doors Drama
Los Angeles County Superior Court
111 North Hill Street, L.A. Dept. 36, Room 410
W E E K F I V E
Monday, July 26, 2004 John's wife Leslie Neale was in court this morning, as was Jim's sister, Anne. The jurors were let into the courtroom at 10:00, and today's witness was sworn. Mr. Gary Stiffelman is entertainment counsel for The Doors, and also represents Doors Touring, Inc. He has also represented some of the band members individually.
Mr. Stiffelman was previously deposed, and appeared today under subpoena. He indicated that he has no financial interest in the outcome of this case. He is a graduate of the University of Kansas, USC School of Cinema, and earned his law degree from UCLA in 1979. He taught at UCLA for 3 semesters on the practice of entertainment law.
Mr. Stiffelman was with the law firm of Mitchell Silberberg & Knupp before moving to Ziffren Brittenham Branca & Fischer in 1981. The ZBBF practice is exclusively in the entertainment business, negotiating and documenting contracts, acting as liaison between clients and trademark lawyers, etc.
Plaintiff attorney Mr. Jerry Mandel questioned Mr. Stiffelman on matters of the band's partnership agreements, and unanimity and veto policies within the band. The court gave the jurors a morning break from 10:50 to 11:25, while the attorneys argued some conflict of interest matters with Judge Alarcon. When court was back in session, Mr. Mandel continued the same lines of questioning with Mr. Stiffelman, as well as about requests to license The Doors music for commercial opportunities. Court broke for lunch at noon.
John was in court when the jurors were returned at 1:45. Mr. Stiffelman was back in the witness chair, still giving testimony about commercial offers. There were examples of actions considered or taken by ZBBF in response to unauthorized uses of music, logo, or images of the band, as well as action taken on "watch notices" received for trademark applications that could be infringements.
As counsel for Doors Touring, Mr. Stiffelman has been involved in negotiating some contracts on behalf of The Doors of the 21st Century. Leslie left during the afternoon break from 3:00 to 3:20. When court resumed, there were exhibits entered showing letters written by Mr. Stiffelman to various journalists in response to show reviews where the band had improperly and inaccurately been identified as The Doors instead of The Doors of the 21st Century.
Mr. Stiffelman was still under direct examination by Mr. Mandel when court ended at 4:25, so he will return tomorrow.
Tuesday, July 27, 2004 Jurors were brought into court at 9:55 for the continuation of Mr. Gary Stiffelman in the witness chair. Mr. Mandel resumed with questions about correspondence between Mr. Stiffelman and attorneys representing other members of The Doors partnerships on a variety of topics.
The Morrisons' granddaughter Tristin arrived just as Mr. Mandel rested his questioning at 10:20, and Mr. Forer took over the direct examination for another ten minutes. His questions continued on subjects of correspondence and interaction between some of the parties, as well as legal fees collected by Mr. Stiffelman's law firm from both The Doors and The Doors of the 21st Century.
John and Leslie arrived just minutes after defense counsel Mr. William Briggs began his cross-examination of the witness at 10:30. Mr. Briggs' questions focused on the practice of unanimity and the various partnership agreements. Mr. Briggs also questioned Mr. Stiffelman about "mechanical royalties" payable as the result of recordings, the stance taken on tribute bands, and a commercial opportunity that was not agreed upon.
After the morning break fro 11:05 to 11:30, Mr. Briggs continued his cross-examination with questions about the pros and cons of that commercial opportunity, and the definition and purpose of partnerships in business. As Mr. Briggs finished his line of questioning, Mr. Stiffelman indicated that although The Doors are not one of the higher earning clients for his law firm, it is an honor to represent them!
Mr. Mandel came back for a re-direct when Mr. Briggs finished at 11:45, again on the topics of mechanical royalties, partnership agreements, and tribute bands. Mr. Stiffelman testified that not all bands that he represents have written partnership agreements. Right before Mr. Mandel rested at noon, an interesting piece of information given in testimony was that BDS, or Broadcast Detection Service, ranks performers and publishes numbers based on the frequency of songs that get aired; The Doors are in the top 20.
Mr. Forer also returned with a brief re-direct. Part of his line of questioning established that Mr. Stiffelman had represented The Doors for about 20 years. The witness was excused, and court went into its lunch break at 12:05.
When I returned from lunch to wait in the hallway until we would be allowed back into the courtroom, it was another of those surreal moments to see John and Stewart Copeland chatting! The rest of the Densmore clan was also in attendance in the afternoon. Before the jurors were returned to the room, the attorneys argued to Judge Alarcon regarding a motion to exclude certain evidence and testimony. At 2:00, Stewart was brought into the courtroom for a hearing on that matter. That hearing was finished at 2:30 when Judge Alarcon ruled in favor of the plaintiffs, and the jurors were then returned.
Stewart was sworn in and took his place in the witness box. Mr. Mandel began the questioning which revealed that Stewart was there under subpoena, and was being represented by his personal friend and counsel, Mr. Henry Gradstein. Stewart provided his background for the jury, identifying himself as a film score composer and former member of The Police. He has scored for 30 or 40 films and TV series; is a member of the Rock & Roll Hall of Fame as a member of The Police (drummer); is currently nominated for an Emmy for 'Dead Like Me'; has won five Grammys; and just recently got the key to a (foreign) city I never heard of and would not attempt to spell.
Stewart said he had been a Doors fan since the age of 16. He had never met any of the band members before the invitation two years earlier to play a show with Ray and Robby. His understanding was that John was injured and was no longer playing. He later met John at the Armenian Grammys, where John was playing hand drums. Stewart said that was much more strenuous than playing with sticks! Stewart acknowledged that he had since been involved in litigation himself with Ray and Robby, a settlement was made, and there are no grudges.
Stewart answered questions regarding a letter he had written that dealt with matters such as the band's name, John and the estate, other band members, decision making protocol, band and individual management, business structure, touring parameters, future recordings, and merchandising. He outlined the shows that he had played (House of Blues, Harley Fontana, Harley Toronto, Jay Leno, and Las Vegas). Mr. Mandel finished at 3:15, and Mr. Forer had no questions, so the afternoon break was taken from 3:15 to 3:30, before defense counsel began.
Mr. Briggs' cross-examination consisted of a question to Stewart about a press release or press conference remark, wherein Stewart indicated (I'm paraphrasing here) that 'the world is a better place with Robby and Ray, and Ian kicks ass.' Mr. Briggs asked Stewart if he believed that; Stewart said yes, the defense rested its cross-examination, and Stewart was excused at 3:35.
Mr. Anthony DeCurtis was sworn in next. Under questioning from Mr. Mandel, he identified himself as a journalist and writer about popular music since 1978, primarily rock and roll. He is from New York City and was in court as a hired expert witness, not under subpoena.
Mr. DeCurtis writes regularly for Rolling Stone Magazine and the New York Times, is a contributing editor to the new Tracks Magazine, and has published and/or edited a number of rock-related books. He was also a critic on NPR's weekend 'All Things Considered' for four years, and has done music reviews and interviews for CDNow and GetNow Music. He was an on-air correspondent on VH-1 for a year. Mr. DeCurtis saw The Doors three times in New York (Hunter College, Fillmore East, and Singer Bowl), but has not seen The Doors of the 21st Century.
Mr. DeCurtis was contacted by Mr. Mandel as a result of his story in the New York Times entitled "Town To Town: Selling A Brand." That article was authored by the witness because the editor of the New York Times had an idea for a story about bands that are getting back together: who is their audience? when does a 'brand' overwhelm the existing band? i.e., imagine the Stones without Mick? U2 without Bono? Police without Sting? Nirvana without Cobain?
Mr. DeCurtis discussed his feelings about the use of rock and roll songs in commercials versus their use in films. 'The End' in Apocalypse Now was cited as a classical use of music having a major impact in a film. As Mr. Mandel's questioning drew to a close, Mr. DeCurtis said that he feels The Doors' songs are too important, and they don't need to sell their songs to stay in people's minds.
Mr. Briggs began his cross-examination at 4:15, challenging the notion that music loses its long term significance if used in commercials. He asked if Mr. DeCurtis felt that the music of Beethoven, Bach, and Mozart has lost significance because of its use in commercials. Mr. DeCurtis said no, because that music is fully established.
Mr. Briggs questioned the witness about his knowledge of whether the band's catalog sales are up or down. He pointed out that not everyone agrees with Mr. DeCurtis, as many of the recordings or concerts that he has criticized have sold well.
Mr. Briggs closed with examples of bands who have continued to do well without their original lead singer: Van Halen: David Lee Roth / Sammy Hagar; Genesis: Peter Gabriel / Phil Collins. He asked the witness if he felt that Ray and Robby are on the road to intentionally tarnish Jim's image.
Wednesday, July 28, 2004 There was a major accident on a nearby freeway which was undoubtedly the cause for numerous jurors not being ready and waiting in the hallway at 9:30. The attorneys argued to Judge Alarcon about the admission of some evidence. The jurors were all accounted for and entered the courtroom at 10:00, as did Jim's sister Anne and her husband, Randy. The first witness was Ms. Jaime Alvarez of LA's Arrow KCBS 93.1 radio station. Ms. Alvarez was there under subpoena, and deemed as the person most knowledgeable. Direct examination was done by Mr. Jeffrey Forer, attorney for plaintiffs.
Ms. Alvarez had previously been deposed in April 2004. She is Promotions Director at Infinity Broadcasting, owner of the radio station, where she has worked for almost five years. She explained her job responsibilities as putting together on-air and website promos for events, concerts, and contests. The radio station had promoted the shows at Universal Amphitheater and the Kodak Theater by means of on-air promos, ticket giveaways, e-blasts, and (for the Kodak show) a grand prize.
Ms. Alvarez explained the difference between live promo mentions and paid commercials, and the different departments involved in preparing those. After being contacted by a promoter, the station determines if it is a minor or major promotion. A proposal is then made to the promoter for the band's management. Major promotions are for what the station considers its "core artists" -- i.e., those bands that their audience is very interested in and who they play a lot. Both The Doors and The Doors of the 21st Century are considered "core artists" although the station does not play D21C music.
Ms. Alvarez gave testimony about the chain of events for a promotion, such as announcements before a show goes on-sale; another round to remind people to buy tickets as the show date gets closer; and then day of show announcements. The recorded promos used include music and ticket giveaways. The music to be used is selected by the radio station's Production Department.
John arrived about 10:20, as Ms. Alvarez was explaining further about their Kodak Theater show promotion which included a drawing for the grand prize: a limo ride, box seats, and backstage passes to meet the band. The script that began airing to promote The Doors at the Kodak Theater was revised to include "of the 21st Century." The plaintiffs' attorneys played audio clips for the jury of both the commercials and the promos that were used which included music selections. Mr. Forer rested his direct examination at 10:55, Mr. Mandel passed on additional questioning, and Judge Alarcon called for a morning break before the defense took over.
At 11:15 the jury was back and Mr. Briggs began his cross-examination of Ms. Alvarez. He questioned her about the source of the music that was selected for use on the promos and the commercials. The witness replied that the radio station's Production Department gets it on their own, and did not have help from anyone with The Doors of the 21st Century. Mr. Briggs also questioned her regarding the "contract" that had been put into evidence, which she explained was really an internal document and not a contract with the band. That document contained a listing of the dates and times that the Doors promos would be aired, which changed on December 3rd to say Doors of the 21st Century.
Mr. Briggs questioned Ms. Alvarez about the instructions received from AEG to change the name that was being used to identify the band. Mr. Briggs finished with the witness at 11:30, and Mr. Mandel did a quick re-direct with a question about the station's "core artists" and their role in the station's decision making about promotional activities. There were no questions from the jury, and the witness was excused at 11:35.
Mr. Eric Kohler was sworn in next. He was also under subpoena, and was questioned by Mr. Forer. Mr. Kohler is employed by Agency Entertainment Group (AEG), who promoted the Kodak show on New Years Eve with radio and print advertising. He previously worked for House of Blues, and had worked with D21C management when the Harley shows were being promoted.
Mr. Kohler was the individual at AEG who instructed Ms. Alvarez to change the band's name in their radio spots, and he was questioned about that process. Mr. Forer finished his questioning at 11:50, and Mr. Mandel asked the witness some questions about the admats that had been provided by Bill Young Productions to promote the show. Mr. Mandel finished at noon, and Judge Alarcon excused the jurors for the lunch break until 1:30.
The jurors were not returned until 1:55 due to the attorneys arguing some points to the Judge. Mr. Kohler returned to the stand for cross-examination by Mr. Briggs. Mr. Briggs asked the witness a few questions about the promotional materials used for the Harley Davidson shows and the Kodak show, and rested. With no questions from the jury, the witness was excused at 2:05.
Within a few minutes, the jury resumed viewing selections from Tom Vitorino's videotaped deposition from November 2003 and then from April 2004. Tom answered questions about conversations he had with John as he tried to comply with John's requests about the band's name and the identification of its members. Tom was questioned about upcoming shows that were already booked for D21C or else in negotiation; about the two shows affected as a result of Ian's visa problem; and about advertising and merchandising.
Judge Alarcon gave the jurors a break at 2:55. The attorneys used that time to argue some points about a witness scheduled to testify, challenging changes or corrections to a prior deposition and the basis . The witness was brought into the courtroom for questioning. Unfortunately, the arguments lasted so long that the jury was not returned until 3:55. Since one juror had requested to be excused at 4:00 for an appointment, Judge Alarcon simply brought them in to officially excuse them at 4:00 for the day.
Tomorrow morning's plans include testimony from Professor Anderson and from Andrew Goldman, the band's business manager. The afternoon will include Bill Siddons, Rich Linnell, the remainder of the Tom Vitorino deposition, the rest of the Skinner deposition started on July 20th, and some brief excerpts from audio CDs and DVDs. The attorneys for the plaintiffs hope to finish before the end of this week.
Thursday, July 29, 2004 A juror's late arrival plus some quick hearings with other attorneys and Judge Alarcon, delayed today's start. Waiting in the hall for this morning's session to begin were John & Leslie, Rear Admiral & Mrs. Morrison, Andy Morrison & his girlfriend Barbara, and Tristin, the Morrisons' granddaughter. The other hearings finished and we all filed in at 10:10. The attorneys in this case argued a few points briefly, then the jurors were brought in at 10:15 and today's first witness was sworn in.
Dr. John Charles Anderson was questioned by Mr. Forer. Dr. Anderson was there as a paid expert, and has not previously testified as an expert witness. His educational background included getting a doctorate degree from Cornell in organizational behavior. Dr. Anderson was a professor at UCLA and at Queens University in Toronto, an associate professor at Columbia, and a full professor at University of Colorado. He has authored chapters and books on organizational behavior and marketing textbooks, including one in process now on entertainment marketing. He worked for UNICEF to establish human relations planning worldwide, managed 'Sport Aid', and in 1990 founded International Strategic Marketing, a business which ties entertainment and marketing together for promotions which have included many large name performers.
Dr. Anderson did an analysis of The Doors as a 'brand,' using secondary published information from the internet through search engines as well as respected industry sources such as RIAA and Billboard Magazine. A 333-page document included documents used for arriving at his opinions. Those included fan-based comments from chat rooms and message boards; show reviews written by fans and media; set lists and reviews taken from this website (gulp); and RIAA certifications.
Testimony from this witness included discussion of what a 'brand' is: what constitutes brands, how they are valued, and the process used for the valuation. The brand valuation process was explained as a "brand asset valuator" program that determines esteem, knowledge, relevance, and differentiation ... and then the witness discussed those criteria in conjunction with The Doors and The Doors of the 21st Century.
Judge Alarcon gave the jurors a morning break from 11:00 to 11:20; they returned for more direct examination of the witness. Mr. Forer rested his examination at 11:45; Mr. Mandel passed. Mr. William Briggs began his cross-examination and established that the witness had been retained in April by Mr. Hurwitz and asked to investigate the 'branding' of The Doors. Dr. Anderson has not attended any D21C shows himself, and had no information regarding either an increase or decline of catalog sales since The Doors of the 21st Century began touring. Mr. Briggs suggested the court break for lunch at that time, so at 11:55 the jurors were excused until 1:30.
Morrison grandson Sefton arrived during the lunch break and joined his family in the courtroom when the afternoon session began late at 1:40, due to the delayed return of two jurors. Mr. Briggs resumed his cross-examination, challenging Dr. Anderson about the criteria and process of determining his findings. The questions to the witness also challenged his methods of internet research, which included Mr. Briggs identifying me as being "idafan" and the owner of one of the sites Dr. Anderson used in his research. I had been introduced to Dr. Anderson this morning before court began, so the witness was aware of my presence (for whatever that's worth!)
Mr. Briggs finished his cross-examination at 1:55, and Mr. Forer returned for another ten minutes of direct examination. Mr. Mandel followed with five minutes of questioning, which in turn brought Mr. Briggs back at 2:10 for another ten minutes of cross. After Mr. Briggs rested at 2:20, there was one question from the jury to be answered, and the witness was excused at 2:25.
Mr. Alan Goldman was sworn in next, who stated he was there under subpoena. Mr. Goldman is a CPA and business manager. He has been Ray's business manager since 1987, and is also the business manager for Doors Touring, Inc. since November 2002. Mr. Mandel questioned Mr. Goldman about compensations paid from those entities and some related topics.
The afternoon break at 2:40 stretched to 3:25 while the attorneys argued some points to Judge Alarcon as the jurors waited in the hall. When they returned, they learned that Mr. Goldman had been excused until tomorrow morning, and that next Friday, August 6th would probably be a full day off due to court stenographer scheduling. The remainder of the Tom Vitorino videotaped deposition from April 2004 was played for the jury until it finished at 4:35. There was one juror question about an answer which had been clipped in the editing of the deposition. That was answered by one of the attorneys, and the jurors were excused.
Tomorrow's schedule is for the balance of testimony from Mr. Alan Goldman; the remainder of the videotaped deposition from Mr. Skinner; some brief CD and DVD clips, and then the plaintiffs' attorneys expect to rest their case.
Friday, July 30, 2004 Judge Alarcon's other hearings this morning kept us out in the hallway until about 10:00. Then the attorneys in this case had some new arguments for the judge. John's wife, Leslie, was in court when the jurors were finally brought in at 10:20. D21C business manager Alan Goldman was back in the witness chair with direct examination continuing from plaintiff attorney Mr. Jeffrey Forer. Mr. Goldman answered questions about band-related business documents provided earlier for his December 2003 deposition, as well as more recently.
Andy Morrison and his friend Barbara arrived at 10:30. Mr. Goldman listed the D21C shows that he attended and answered, to the best of his recollections, questions about how the band were announced and how their name appeared on venue marquees. More document exhibits were entered that detailed Doors Touring, Inc. finances on both sides of the morning break from 11:00 to 11:30. The same type of questioning from Mr. Forer continued until the lunch break at noon.
The jurors were returned to the courtroom at 1:45 and heard more testimony about income and expenses until 2:20, when Mr. Forer rested and Mr. Mandel took over direct examination. More income and expense documents were explained and entered into evidence. Judge Alarcon allowed an afternoon break at 2:55 which lasted until 3:20. Mr. Mandel continued until 3:45.
We learned that a juror had requested to be excused at 4:00, so defense counsel Mr. William Briggs only had 15 minutes of re-direct time before the court was recessed for the week. Mr. Goldman will return on Monday morning so Mr. Briggs can continue his cross-examination. That will be followed with the remaining 30 minutes of videotaped deposition from Mr. Skinner, some brief audio and/or DVD clips, AND THEN the plaintiffs will rest their case after four weeks of testimony!
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WEEK FOUR july 19 - july 23, 2004 - Todd Gray, Ray deposition, Steven Bassett deposition, Mr. Skinner deposition, Tom Vitorino deposition, Mark Hurwitz, Rear Admiral Morrison, Michael Grace, Tommy Gear
WEEK THREE july 12 - july 16, 2004 - Ian deposition, Robert Greene, Abe Somer, Nigel Williamson, Robby deposition, David Kirby, Jerry Swartz
WEEK TWO july 6 - july 9, 2004 - jury finalization, John testimony, Ian deposition
WEEK ONE June 29 - July 2, 2004 - jury selection
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Related media stories:
July 3, 2004 -- Times UK by Nigel Williamson: "And The Brand Played On"
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