"I'm reading these documents as each partner is asking for 25% to be paid from Jim's Estate to cover future expenses that may or may not be paid to settle the Johnson lawsuit. The amounts are the far right of each document. I could be incorrect and the amount being asked for is $75,000 ($25,000 X 3). What does everyone else see?"
Darkstar, I think in this case, each individual claim for total debt to Morrison Estate (25%), not individually a partial amount. I believe that this is not to add the claim of each individual, ie, 25,000*3=75,000, but only 25,000 (25% of 100,000) which is the part that will be payable from the Morrison Estate if they lose the trial. I think this is to cover all liabilities, since they are sued jointly and severally. I believe they are "jointly and severally liables" for total debt.
The first time I read these documents it seemed to me the partners were asking for 25% of Jim's Estate to cover any costs associated with the June Johnson lawsuit.
From the State of Decision July 21 2005:
2. The Creation Of The Doors
In 1965, Morrison, Densmore, Manzarek and Krieger formed a band called The Doors. Manzarek and Morrison met in film school at UCLA. Densmore and Krieger had been friends in high school. Manzarek met Densmore and Krieger while attending meditation classes in Southern California and introduced Morrison to Krieger and Densmore. At the time, Morrison had received his bachelor’s degree from UCLA, Manzarek had a bachelor’s degree in economics from DePaul University in Chicago, Illinois and had also received a master’s degree from UCLA in film school. Densmore and Krieger had attended some college, but did not qualify for an undergraduate degree.
3. The Doors Decide To Share Royalties Equally
In 1966, Morrison, Densmore, Manzarek and Krieger began performing publicity as The Doors. They filed a fictitious business statement. The Doors was a unique band in rock and roll history, not only for its memorable music, or the iconic superstar status and image of Morrison memorialized on T-Shirts and posters, but also for the band members’ egalitarian treatment of each other. For example, while Morrison was generally know as the poet/songwriter who wrote haunting lyrics, the band’s most famous song, “Light My Fire,” was actually written by Robby Krieger. Jim Morrison had a unique baritone voice and a gift for creating poetic lyrics, but each member of the group possessed a special talent that made the group unique. Manzarek had a vision fro the direction of the group, given his eclectic musical background in classical, jazz, and rock music and his gift of musical arrangement. His impressive educational background, including a bachelors degree in economics from DePaul, as well as a master’s degree in film studies from UCLA, coupled with the fact that he was older than the other members and a talented public speaker, made him the perfect spokesperson for the group. Krieger wrote many of the Doors songs and his mastery of the guitar reflected the influence of jazz, blues, rock and flamenco.
Densmore, the drummer and youngest member of the band, had a broad knowledge of jazz and rock styles. He also had a gift for arrangement, which he shared with Manzarek and Krieger. The Doors first single record, “Break On Through,” the subject of various causes of action in these consolidated actions relating to its possible licensing for a Cadillac commercial, is instantly recognizable by Densmore’s unique bossa nova drumming introducing the song.
Unlike other musical groups, wherein the songwriters carefully protect and insist on their music royalties based on their individual song writing and never share those royalties with the other band members who did not write the songs. The Doors were unique. Given the special talents of all of the members, in the spirit of unity, or as canny tactic to maintain harmony among the group, The Doors’ policy was to share equally all song writing credits, regardless of who wrote the music or the lyrics. Throughout the trial, Densmore poetically described each individual band member as a “facet of a diamond.”
Ray Manzarek described the unique relationship of the group as follows, “See, here is the way it worked with The Doors. There are four guys in the band; each person is as essential as anybody else in the band. The guitar is as important as the keyboard bass guy. Each thing contributed its 25 percent……We each had our area of expertise. That was one quarter of the pie. You remove any one of those quarters and you don’t have anything.” Ray Manzarek, The Doors Myth and Reality, The Spoken Word History, Audio CD (Monstersounds, 1996) (Side Two, “Making The Magic Circle”) (Emphasis added.)
In 1966, Max Fink served as legal counsel to the band when it entered into a recording contract with Elektra Records. The Elektra Records agreement was for six albums. The band was an immediate success. It was ultimately one of the most successful bands of all time.
The band’s first business manager and accountant was Robert Greene. He continued in that capacity until 1984. Since that time Jerry Swartz has been the business manager and accountant for The Doors. Not long after the Elektra contract was executed, Abraham Somer served as the band’s counsel. Somer continued until approximately 1984, when Gary Stiffleman and John Branca replaced him. Stiffleman continues to be the primary legal counsel for The Doors.
4. Abraham Somer Secures Publishing Rights From Elektra, and the Creation Of The Doors Music Publishing
In 1969, Somer secured from Elektra, all of the publishing rights to The Doors’ music. That same year, Somer created a partnership for Morrison, Densmore, Manzarek, and Krieger called Doors Music Company. The terms of the partnership were reflected in a written agreement signed by the four band members (hereinafter “DMC” or the “DMC Partnership”) The DMC Partnership was executed on February 8, 1969. Paragraph 6 of the DMC Partnership provided that management of the partnership would be decided by unanimous agreement of the parties.
At trial, Densmore, Somer, and Green testified that governance by unanimous agreement was consistent with the manner in which the band had conducted itself since its inception. Stiffleman and Swartz testified that unanimity was the rule of governance among The Doors’ members and that with respect to any significant opportunity to license music by the Doors, any member of The Doors had a right to veto any such proposal.
5. The Buick Car Commerical
In 1969, The Doors experienced perhaps their most significant internal rift involving the question of whether the group should sell its music for use in a car commercial. Manzarek, Krieger, and Densmore agreed that Buick should be allowed to use the hit song, “Light My Fire” in a television commercial for a the new Buick Opel automobile. Because Morrison was unavailable for reasons never clarified during the trial, the other band members gave consent. Several days later, Morrison learned of the decision and was furious. He believed that his partners had reneged on the rule of unanimity of failing to abide by ‘one for all, all for one,’ and had “sold out” to corporate America, “the Devil.” Light My Fire at 305-307. Morrison was so angry that he threatened to destroy an Opel on stage during the group’s future performances, and insisted that Somer rescind the agreement with Buick. The commercial was never aired, and apparently the band members never received any compensation.
Morrison sought the names of other lawyers from Somer to consult about possible legal action against his partners, but never initiated any legal action. On November 11, 1970, the DMC Partnership Agreement was amended to require that any decisions about licensing music require a unanimous vote signed by all of the partners.
From 1966 to the date of Morrison’s death, the Doors were a huge success, performing throughout the United States as well as abroad, selling millions of dollars worth of albums and merchandise. An no time prior to Morrison’s death did the band formally register the name The Doors with any state or federal agency.
6. New Orleans: The Doors Final Public Appearance (1970)
1970 was a difficult year for The Doors as a result of the arrest of Morrison for obscenity during a performance of the band in Miami. The arrest and subsequent trial, coupled with Morrison’s erratic behavior at concerts, made it difficult to get the type of bookings that The Doors had enjoyed prior to the Miami incident. In December 1970 The Doors performed in New Orleans. It was their last public performance due to Jim Morrison’s poor performance on stage, apparently the result of his severe alcohol addiction.
7. Morrison’s Poetry Album (1970)
At trial, Ray Manzarek testified about the formation of the Doors. He described Morrison’s poetry, which was later integrated in the Doors music. Morrison continued throughout his musical career to work on his craft as a poet in addition to his work as a musician. He published the poetry in limited printings and gave these publications to his friends. Morrison wanted to record his poetry without the group and agreed to a drastic cut in his customary salary to do it. On his birthday, December 8 1970, he recorded his poetry with the intent to include the material in an album.
8. Morrison Decides To Leave For France
In early 1971, Morrison announced to his fellow band members that he was going to move for a short time to Paris, France with Pamela Courson. He intended to leave for Paris shortly after the band finished recording their sixth album for Elektra, L.A. Woman.
9. The DMC Partnership Agreement Entered Into In March 1971, Effective As Of January 1, 1966.
At about the time,
Somer prepared a partnership agreement for the Doors, for all purposes except music publishing. In March 1971, the four members of The Doors executed their written partnership agreement, effective January 1, 1966 (hereinafter the “Old Doors Agreement”). Somer testified that he explained the “Old Doors Agreement” to the four members of The Doors, and that it reflected the way the partnership had operated by oral agreement up until the time of its execution. It provided for unanimous agreement in the management of the business of the Doors.10. The Administration Agreement Entered Into On March 8, 1971
On March 8, 1971, in anticipation of Morrison leaving the United States, The Doors entered into an Administration Agreement with Greene, their business manager, granting him exclusive authority to enter into licensing agreements for music of The Doors. However, to avoid what had happened in 1969 with regard to the Buick Commerical incident Greene was empowered to sign agreements for television and radio commercials only after receiving the written approval of all four partners. As of the date for the execution of the Administration Agreement, no Doors music was authorized to used for radio or television commercials. Densmore, Manzarek and Krieger all testified that while Morrison was alive, The Doors did not intend to authorize use of its music in radio or television commercials.
11. Amendment To The Old Doors Partnership Agreement (March 11, 1971)
On March 11, 1971, the parties executed a one-page amendment to the Old Doors Partnership Agreement. It sets forth a specific provision prohibiting the use of the name, The Doors, by any partner upon termination of the partnership for any reason other than the death of a partner. The amendment was prompted by a concern that after L.A. Woman was delivered to Elektra, Morrison might leave the band and form another band in Europe using the name “The Doors.” Manzarek testified that he signed the one-page amendment when it was prepared but did not read it and did not understand its purpose. Somer testified that he recalled some concern about the band splintering, and that the amendment, as well as all of the band’s agreements, were explained to the band members before they signed. The court finds Somer’s testimony credible and accepts it as true.
12. Jim Morrison’s Death In Paris, France (July 3, 1971)
Morrison left for Paris in mid-march 1971. L. A. Woman was delivered to Elektra shortly thereafter. On July 3, 1971, Morrison died in Paris; the cause of death was listed as a heart attack. He was buried at Pere-Lachaise Cemetary. The grave site is a major attraction in Paris, even though other luminaries also buried in this Parisian landmark include Sarah Berhardt, Edith Piaf, Marcel Proust, Frederic Chopin, Henri Balzac and Oscar Wilde.
Music experts Nigel Williamson from England and Anthony DeCurtis of the United States testified regarding the iconic status of Jim Morrison, both during his life and for the thirty-three years since his death. Each expressed the opinion that Morrison and The Doors are likely more important and popular today than when Morrison was alive.
Jim Morrison left all of his property to Pamela Courson in his will. The DMC and the “Original Old Doors” partnership agreements provided for termination upon the death of a partner. Neither partnership had been wound up and dissolved. Partnership tax returns for the “Old Doors” have been filed since 1966, and partnership tax returns for DMC have been filed since its formation in 1969. After the death of Jim Morrison, Pamela Courson received K-1 tax schedules from the two partnerships. Following her death, the Morrison’s and the Courson’s received the K-1 schedules from the two partnerships 13. The New Partnership Agreement For The Surviving Members Of The Doors October 1, 1971
On October 1, 1971, Somer registered a new recording contract between Elektra and the three surviving members of the Doors for five albums, at a minimum guaranty of $250,000 per album. The three surviving band members continued performing without replacing Jim Morrison with another vocalist, choosing to sing vocals themselves. On October 1, 1971, a new written partnership agreement was entered into between among Densmore, Manzarek and Krieger for purposes of performing and recording as The Doors (hereinafter the “New Doors” partnership agreement.) The New Doors partnership agreement continued the unanimous agreement provision. In addition, the New Doors partnership agreement continued the same provision set forth in the earlier and recently signed one-page amendment to the Original Old Doors partnership agreement, namely that in the event of a termination of the partnership for any reason other than the death of a partner, none of the partners could use the name The Doors. It also provided that in the event of the termination of the partnership because of the death of a partner, the remaining partners might perform together but not separately using the name The Doors. Like the prior two written partnership agreements, the New Doors partnership was terminable at will by any partner.
While no written license permitting the three surviving members to use the name The Doors for recording and performing purposes was produced at trial, Manzarek, Kreiger and Densmore used the name without objection from Pamela Courson. She did not object to their activities although she was aware of the performances and recordings by the new band and saw them in Sausalito, California. No evidence was produced at the trial that there was any objection by anyone to the three surviving band members using the name The Doors for recording and performing purposes.
14. The Three Surviving Members of The Doors Release Two Albums as The Doors (1971-1972)
The three band members recorded two albums as The Doors: Other Voices (1971) and Full Circle (1972), and toured in connection therewith. They did not hire a new singer, sharing vocal duties between Ray Manzarek and Robby Krieger. The three surviving members of the Doors created yet another partnership, Alchemical, for purposes of owning the publishing rights to the music recorded on their two albums (similar to the situation with DMC and the music of the Old Doors.) Alchemical continues to exist today, and files tax returns with state and federal agencies. The New Doors albums were not a success, and the band members were not enthusiastic about proceeding further without a lead vocalist.
All of the original recordings of The Doors with Jim Morrison have been reissued and continue to be available for new audiences. The previously mentioned two albums without Jim Morrison have not be repackaged and reissued in the popular CD form as of the time of the trial.
15. The Surviving Members of The Doors Search For A New Vocalist In England (1973)
In 1973, the three surviving members of The Doors, along with Manzarek’s wife Dorothy went to England in search of a new lead vocalist. They failed to persuade Paul McCartney or Joe Cocker to join them and they were unable to agree on an unknown singer. At some point shortly after he arrived, Manzarek characterized this departure as “quitting the band.” Manzarek, Krieger and Densmore concluded that without Jim Morrison or a suitable replacement lead vocalist, they could not perform in the musical style that had made them so successful. The three surviving members of The Doors ceased performing and touring together at that time. Somer advised Elektra that Manzarek would not be recording with his band mates, “and that at the current time there in no plan for any of the aforesaid individuals to use the name ‘The Doors’”. The agreement with Elektra was terminated and the band forfeited its $750,000 guaranty for the three remaining albums.
At the time Manzarek left England with his wife Dorothy, the New Doors partnership agreement and the Alchemical partnership were not terminated. Manzarek did not consider terminating or dissolving the New Doors partnership. None of the professional advisors of The Doors were informed that Manzarek terminated the New Doors partnership. Through 2003 tax returns for the New Doors and Alchemical, the two partnerships owned solely by the three surviving band members, continued to be filed with state and federal authorities.
After Manzarek left England, Densmore and Krieger formed a new band named The Butts Band. It performed for a few years, released two albums and thereafter ceased to exist.
16. The Three Surviving Doors Reunite For American Prayer (1978)
In approximately 1978, Manzarek, Krieger and Densmore created and released a new album called American Prayer. It was intended to be the poetry album that Jim Morrison always wanted to produce. The basis of the album was the poems recorded by Jim Morrison on December 8, 1970, set to music performed by the three surviving band members. The Estate of Jim Morrison owned the poems, and Columbus Courson, as representative of the Estate, on behalf of the Morrisons and Coursons, contributed the poetry and participated in the production of American Prayer. The album enjoyed success.
17. The Surviving Members of The Doors Separate Projects
From approximately 1975 through 1990, the three surviving band members did not perform together in public. Each continued with his own endeavors, writing books, producing albums, performing music, and performing on stage. Manzarek occasionally performed with others including poet Michael McClure. Krieger performed with his own band, called either The Robby Krieger band or The Robby Krieger Organization. Densmore performed as a musician as well as an actor.
18. Apocalypse Now (1978) and The Doors movie (1991) The Doors Reintroduction to A New Generation
Two things occurred that caused The Doors to become even more popular than it had been when the original four members performed together. In approximately 1979, Francis Ford Coppola, directed the film Apocalypse Now, a modernized version of Joseph Conrad’s Heart of Darkness. The Doors’ song ‘The End’ became an integral part of the film. The movie and its soundtrack resulted in a great boost in the sales of The Doors music catalog. In approximately 1991, Oliver Stone directed the successful movie ‘The Doors’ which presents a dramatized account of The Doors from the beginnings of the band up to the death of Jim Morrison. While all of The Doors’ music was licensed for the film, Manzarek, Krieger and Densmore insisted that the classic Doors logo could not be used in any advertising for the film. This motion picture resulted in a huge boost in the sales of The Doors’ music catalog, and brought the popularity of the band again to the forefront with a soundtrack album containing original Doors compositions.
19. Previous Objections To Being Identified As The Doors With Less Than The Three Surviving Members Of The Original Band
In December 1992, The Doors were inducted into the Rock and Roll Hall of Fame. The ceremony was attended by the three surviving band members and Morrison’s sister Anne. The three surviving band members performed during the ceremony.
In 1997, the Robby Krieger Band scheduled a short tour in Denmark. Ray Manzarek was scheduled to be a guest musician. Manzarek became ill, however, and Densmore substituted for him. The show was billed as “Robby Krieger Band with special appearance by John Densmore of The Doors.” The following year, Robby Krieger and Densmore undertook another short music tour of Europe, and the show was billed as “Robby Krieger with John Densmore of The Doors.” At least one promoter identified the performers as The Doors. Densmore strongly objected and tore up some posters that contained the erroneous description. Later, Krieger and Manzarek performed in Mexico, and again the performance was occasionally promoted erroneously as The Doors. Posters depicting the performers as The Doors were destroyed at Densmore’s request.
20. The VH-1 Storytellers Performance of “The Doors” 2000
In August 2000, cable television station VH-1 produced for its series Storytellers, a one-time studio concert of The Doors billed as a “celebration.” Manzarek, Krieger and Densmore performed together along with six lead vocalists, each of whom alternated playing lead vocalist on selected hits of The Doors. One of the vocalists was Ian Astbury, then the lead vocalist of a rock band called The Cult. The performance was recorded and later released on DVD, VHS and compact disc. The opportunity to participate in this venture was the result of the efforts of Tom Vitorino, an assistant to Krieger.
Prior to the time of the VH-1 Storytellers performance, Densmore and Manzarek had each written autobiographies detailing their experiences with The Doors. Both books featured a cover photograph of the author taken with Jim Morrison and both books took their titles from hit songs of The Doors: Riders On The Storm (Densmore , 1990) and Light My Fire (Manzarek, 1998). Testimony by Densmore and Manzarek at trial revealed that the two autobiographies were the source of friction between the two and their subsequent estrangement.
As of the beginning of 2001, The Doors’ music by the original four band members had sold more than 50 million albums. Millions of dollars worth of merchandise was sold depicting the band name and images of Jim Morrison, and millions of dollars in royalties were paid to The Doors, (including $3 million that had been advanced by Signatures Network on December 31, 1998.) Except for the VH-1 Storytellers performance and The Rock and Roll Hall of Fame performance, Densmore, Manzarek and Krieger did not perform together. They pursued their own careers.
N
either the Old Doors partnership agreement nor the DMC partnership agreement, as entered into by the original four band members, had ever been terminated, dissolved, or wound up. The “New Doors” partnership agreement and the Alchemical partnership also have not been formally terminated, dissolved or wound up. From the inception of each of the partnerships until after 2000, federal and state tax returns were filed annually by each of the four partnerships, and K-1 schedules were delivered yearly to each of the participants. Each partnership has always been represented by the same legal counsel, the same accountants, and the same business managers. In addition, Manzarek, Krieger and Densmore also had consistently been represented by professional managers, principally Danny Sugerman from the early 1980s.
The Estates were also recipients of K-1 partnership schedules each year. Legal counsel principally Mark Hurwitz in the later years, continuously represented the Coursons. The Morrisons have been represented by the same law firm, Weinstock, Manion, Reisman, Shore & Neumann, from the time of Pamela Courson’s death in 1974. From 1984, Gary Stiffleman and his law firm represented the various Doors entities and some of the members personally. There is extensive correspondence from Stiffleman over the years referred to the Estates as partners. Greene and Swartz, the accountants and business managers over the years, and Somer, the attorney for many years, all testified that the Estates were partners of the Old Doors and DMC.
21. Attempt To Register The Name The Doors (1998)
In 1998, efforts finally were undertaken to register the name The Doors with the United States Patent and Trademark Office. Michael Grace, a trademark specialist, prepared the application for registration. The owner of the name The Doors is listed in the application as a California general partnership composed of the three surviving members and the two Estates. Grace testified that the information on the application was listed correctly, as the application was to be signed under penalty of perjury. Grace testified that he did not apply for registration of The Doors as a performing band because the band was not then performing. With the exception of a single Pirelli tire commercial using the song “Riders On The Storm” in England after the death of Jim Morrison, The Doors never permitted their music to be licensed for use in a television commercial or radio commercial.Nothwithstanding the refusal to license music for commercials, The Doors continued to be extremely profitable. Income was derived from the sale of albums, compact discs, videotapes of concerts, DVD’s, merchandise, and the licensing of music for movies and television. Up to the time of the trial, The Doors, through the partnerships, continue to earn several million dollars per year.
22. Cadillac Offers 15 Million Dollars Fro Use of the song “Break On Through”
In 2001, The Doors received a significant offer from the Cadillac motor division of General Motors. Cadillac sought to use one of The Doors’ most successful songs “Break On Through” for a worldwide campaign to sell cars. The amount offered for the exclusive right to use the song was $15 million dollars. Neither Densmore nor Krieger was in favor of granting the license. Krieger was “on the fence” about the offer, but tending to “side” with Densmore. Densmore voted against the opportunity, exercising his right to veto. The basis for his veto was: (1) the band members had never allowed their music to be used in commercials except the Pirelli tire commercial abroad, (2) a car commercial caused the internal dissension in 1969 when Jim Morrison was adamantly against a proposed Buick commercial for similar reasons, (3) The Doors were making plenty of money without “selling out” to corporate America, and (4) permitting the use of the song in a commercial was antithetical to the legacy of the band and the memory of Jim Morrison.
Manzarek was enthusiastic about excepting the offer. Stiffleman solicitied the Morrisons and Coursons who were also in favor or accepting the offer. Manzarek further attempted to have the Coursons and Morrisons influence Densmore and Krieger to change their minds. However, they were not successful and the Cadillac offer was not accepted.
Manzarek testified that not long afterward there was an offer from Apple for the use of a Doors song in exchange for the payment of 4 million dollars. That offer was rejected because there was no unanimous vote in favor of accepting it.
23. The Nation Article
On July 8, 2002, Densmore authored an article that appeared in The Nation magazine, entitled, “Riders On The Storm.” The article was later reprinted in Rolling Stone magazine. In the article, Densmore expressed his views concerning his opposition to the use of music in commercials by noted musicians and bands. He expressed his pride in the fact that he and Krieger refused to approve of the commercial opportunities described above.
The failure to accept these two offers was not then the subject of litigation. The decision of Krieger and Densmore to vote against accepting them was accepted by the Coursons and Morrisons and at least initially by Manzarek. Admiral Morrison and the legal representatives of the Morrisons and Coursons testified that they respected the right of any partner to veto such a proposal.
24. Harley Davidson Concerts (September 2002)
In early 2002, Tom Vitorino, Krieger’s manager, received a request for The Doors to perform in September 2002 as headliners at the 100th Anniversary celebration for Harley-Davidson in Fontana, California. The band was offered $150,000 for the performance, and later added an additional performance in Ontario, Canada, for which the band’s guaranty ranges from $2,000 to $10,000. Other than the Storytellers performance with a handful of lead vocalists and their brief performance at the Hall of Fame induction ceremony, The Doors had not performed publicly since the 1970s.
At the time of the Harley Davidson proposal, Densmore testified that he was suffering from the ear condition, tinnitus, the onset of which occurred during the Storytellers performance. He was unsure of his ability to play, or if he even wanted to play as The Doors, inasmuch as without Jim Morrison as the vocalist the group would not be The Doors, He also remembered the lack of success in 1971-1973 when the three surviving members performed. With some reluctance, Densmore agreed that the band would accept the Harley-Davidson performance offer, but insisted on a provision that all advertisements contain the conspicuous statement: “due to health conditions” Densmore might not appear for the performance. Harley-Davidson agreed to the added inclusion that in such an event a “world-class” drummer would replace Densmore. In addition, the agreement with Harley-Davidson specifically provided that the traditional Doors logo, which appeared on the first (The Doors), second (Strange Days), third (Waiting For The Sun”), fourth (Soft Parade)) Door’s albums, could not be used for advertising purposes. The Estates were never consulted about this proposed agreement.
As the concert dates approached, Densmore testified that his ear condition prevented him from performing. He rejected the suggestion of various enclosures to insulate him from the loud music if he chose to perform.
Stewart Copeland, a successful music composer and “world-class drummer” who had been the drummer for the rock band The Police, was hired as the replacement drummer fro the Fontana concert. Ian Astbury, who had performed with the band at the Storytellers celebration, was hired as lead vocalist for the performance. Both were paid fixed salaries for their performances. Astbury and Copeland testified that at the time they were hired, neother knew of any other Doors concerts being planned, and did not learn of the Canada concert for Harley-Davidson until after the concert in Fontana. The Fontana concert for Harley-Davidson took place on September 6, 2002. The Ontario, Canada concert took place on September 28, 2002.
Densmore testified that at the time he consented to The Doors performing for the Harley-Davidson concerts, he was unaware of any other contemplated performances by The Doors. Manzarek had no communications with Densmore. Krieger assumed Densmore knew of their plans to tour. Astbury and Copeland were unaware of the plans to tour.
25. Changes In Management For Krieger and Manzarek (July 2002)
Jerry Swartz, the business manager and accountant for The Doors, caused defendant Doors Touring, Inc., to be formed by Stiffleman’s law firm at the end of July 2002. Manzarek and Krieger were the owners of Doors Touring, Inc. At the time Doors Touring, Inc. was created, Swartz had no idea that performances were contemplating anywhere except the two Harley-Davidson concerts in September 2002. Swartz continued as accountant and business manager for The Doors’ partnerships. In addition, shortly after the Fontana performance, and before the Canada performance, Danny Sugerman’s services in connection with Harley-Davidson and Doors Touring, Inc. were terminated by Manzarek and Krieger. Robby Krieger’s band manager, Tom Vitorino was hired to be the band manager for the new group.
Ian Astbury testified that even after the concert in Canada, he did not understand that a decision had been made for the band to become a touring band. Copeland sent a memorandum to Manzarek, Krieger and Vitorino that raised questions about what the band’s name would be if they began touring. And whether there a trademark question would arise if they called themselves The Doors or the “something Doors,” He was concerned whether they would have to compensate the “Old Doors” if they did so. He also raised the question of whether they would be required to secure the consent of the Estates and whether unanimous agreement was necessary. He also testified about a meeting at his home when he and the other band members worked on his computer, experimenting with possible new band names. Copeland also testified that after the Canadian performance for Harley Davidson, he understood that he was a member of the band, not a hired musician.
At this time, an interview of Manzarek appeared in Billboard magazine, in which he said that Stewart Copeland was The Doors drummer from now on, which Densmore believed meant that he was essentially “fired” as the drummer of The Doors.
(Note: The Soft Parade album has The Doors logo on the back of the record (or inside of the CD) but the word “the” is missing. The traditional Doors logo is on the label affixed to the compact disc of all of The Doors CDs.)
26. Krieger Informs Densmore of Tour, Accord Reached
After one or both of the Harley Davidson concerts, Krieger approached Densmore and told him that Manzarek and Krieger intended to go on tour. No further details were given.
Densmore told Krieger that he had no objection to Manzarek and Krieger performing as The Doors provided (1) that a modifier be inserted in the name to indicate that this new band was distinguished from the original Doors, and (2) that the band not use the traditional Doors logo, which had earlier been prohibited for use in the movie The Doors, as well in the contract for the Harley Davidson concerts. Densmore testified that he believed that Krieger had agreed to these conditions. According to Krieger’s testimony, he understood that words were to be included in the name to distinguish the band from the original Doors.
27. Alternate Logos Explored October 2002
In October 2002, Manzarek hired Tommy Gear, a graphic designer, to prepare logos and insignias for a band called “The 21st Century Doors.” Gear met twice with Manzarek, who rejected the designs. Kirby began to book performances for the new band. Until May 10, 2003 Kirby and his firm always referred to the band as The Doors, and never were told to call them anything else. In addition, Bill Young Productions was engaged to prepare print advertising materials (hereinafter “admats”) for newspaper ads, a form audio spot for radio commercials, and a form television spot for television commercials. In December 2002, the services of Tommy Gear were terminated. All of this activity occurred without the knowledge of Densmore or the Estates.
28. Advertising On The Offical Doors Website
The first concert booked by Kirby was at the Palms Hotel in Las Vegas, on December 8, 2002. At about the same time, Manzarek and Vitorino, acting for Manzarek and Krieger, began to instruct Todd Gray, the webmaster of The Official Doors website, to announce upcoming performances by the 21st Century Doors. Densmore expressed concerns about the use of the official website for an unofficial band. In addition, Vitorino instructed the Webmaster to send e-blast messages to The Doors e-mail list of registered fans. The matter was resolved by Todd Gray limiting references to the new band’s name to the “personal pages” of Manzarek and Krieger.
This entire documents can be read in the Legal Doc Sections of this board.END.
Public Records as of July 2005:
Corporation and Partnership Information On File With the California Secetary Of State and Status thereof.
Corporation
DOORS PRODUCTIONS CORP.
Number: C0554106 Date Filed: 10/1/1968 Status: dissolved
Jurisdiction: California
Address
10920 WILSHIRE BLVD., SUITE 606
LOS ANGELES, CA 90024
Agent for Service of Process
Corporation
DOORS PROJECT INC.
Number: C1656290 Date Filed: 1/12/1990 Status: dissolved
Jurisdiction: California
Address
8800 SUNSET BLVD.
LOS ANGELES, CA 90069
Agent for Service of Process
C T CORPORATION SYSTEM
818 WEST SEVENTH STREET
LOS ANGELES, CA 90017
Corporation
DOORS FOUNDATION
Number: C2027952 Date Filed: 3/4/1998 Status: active
Jurisdiction: California
Address
9595 WILSHIRE BLVD #1020
BEVERLY HILLS, CA 90212
Agent for Service of Process
JERRY B SWARTZ
9595 WILSHIRE BLVD #1020
BEVERLY HILLS, CA 90212
Corporation
DOORS TOURING, INC.
Number: C2443861 Date Filed: 7/29/2002 Status: active
Jurisdiction: California
Address
1801 CENTURY PARK EAST 2160
LOS ANGELES, CA 90067
Agent for Service of Process
ALAN S GOLDMAN
1801 CENTURY PARK EAST 2160
LOS ANGELES, CA 90067
LP/LLC
DIAMOND NIGHT PRODUCTIONS, LLC
Number: 200325210251 Date Filed: 9/9/2003 Status: active
Jurisdiction: CALIFORNIA
Address
1801 CENTURY PARK EAST STE 2160
LOS ANGELES, CA 90067
Agent for Service of Process
ALAN S GOLDMAN
1801 CENTURY PARK EAST STE 2160
LOS ANGELES, CA 90067
Corporation
D21C, INC.
Number: C2750812 Date Filed: 6/8/2005 Status: active
Jurisdiction: California
Address
1801 CENTURY PARK E STE 2160
LOS ANGELES, CA 90067
Agent for Service of Process
ALAN GOLDMAN
1801 CENTURY PARK E STE 2160
Source:
kepler.ss.ca.gov/corpdata/index.htmlDoors Music Company
Address: % Jerry B. Swartz
9595 Wilshire Boulevard, #1020
Beverly Hills, CA 90212
Contact: Carol Berman
Email:
Website:
Member of: (N) National Music Publishers' Association
Source:
www.mpa.org/agency/108p.html
