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The Smashing Pumpkins have filed a lawsuit against former
record label Virgin Records, over the allegedly unauthorized use of their music
in promotional activities with Amazon.com and Pepsi.
The Smashing Pumpkins claim the label used the band name in
promotional activities without the right to do so. The lawsuit they filed this
week claims the label had the rights to sell digital downloads of the band’s
music, but not to use their name for promotional activities.
Frontman Billy Corgan spoke exclusively to Billboard.com
this week, saying Virgin breached its contract with the band by using the
Pumpkins in a Pepsi Stuff promotion without its permission.
“I’m sure they indicated to Pepsi that they had a right to
do this, full well knowing they do not have the right,” he told Billboard.com
by phone from Australia,
where the band is touring.
The musician added that the band and Virgin have had
disagreements before over similar matters, but that the Pepsi Stuff promotion
“crosses the Rubicon. You’re going to see more of this playing fast and loose
with the rules, hoping they don’t get caught. At face value, it’s not a huge
deal. But in terms of precedent, it is, because there will be much more of this
coming.”
A Virgin spokesperson said the company does not comment on
pending litigation, Billboard adds.
The Smashing Pumpkins left the label when they disbanded in
2000. When they reunited in 2005, they made a one-album deal with Reprise
Records, a division of Warner Bros. The group is now a free agent.
Corgan and co. are upset that they have “worked hard for
over two decades to accumulate a considerable amount of goodwill in the eyes of
the public,” and that Virgin is now affecting their credibility and “artistic
integrity,” as quoted by the Associated Press from the documents filed in Los
Angeles Superior Court on Monday.
The lawsuit demands that Virgin pay with the profits earned
in the promotion and asks for an injunction against using the Pumpkins’ name or
music in the future.
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