LOS ANGELES, Jan. 4, 2008 (PRIME NEWSWIRE) -- Brian Evans, one of the "new crooners" keeping the swing genre alive, has filed a $3 million lawsuit against Dick Clark Productions for using his recording and composition of the track "It Had To Be You" during the "So You Think You Can Dance" live tour this year.
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"This entire live show would not even be in existence if it were not for music, and yet Dick Clark Productions uses our music to make millions with these tours, and they essentially don't pay the band that allows those dancers to have a show to move to," says Evans. "It's just absurd."
Evans, who opens for the likes of Jay Leno, Joan Rivers, and Social Distortion, is also a writer. He is currently co-creating a network drama for a major network outside of recording his major label debut.
"I'm thankful for being on the TV show. It meant a great deal to me. However, I find this use over the line and Dick Clark Productions has made no attempt to resolve the matter, instead simply stating they can use my song for this tour and they won't pay for that," says Evans. "They even emailed me saying they didn't use my song, and only admitted it when I emailed them YouTube links. They don't tell you their full intentions for the use of your song until they nab you for the licensing fee and it's dishonest."
Harry Connick, Jr. was originally approached by show producers for his permission to use his version of the song on the show and tour. He declined. Evans was approached thereafter. "Lawyers sent me a boiler plate denial response."
Evans, who once ran for the U.S. Senate and finished second place in 2004 in Hawaii where he maintains a home, says this lawsuit will be about "principle," and to hopefully bring about a change in the way such shows are run.
"Win or lose, it's never been about money to me. Ask anyone who knows me. I'm about respect, and it's why I sing this kind of music," Evans concludes. "I'm all about the bigger picture, and if someone treats me with disrespect I will always respond. I'm tired of this kind of thing happening and being made out to be the nuisance. How dare I be upset, is the attitude conveyed to me. They did me a favor in their eyes, but they certainly didn't do it to Harry Connick, Jr. when he said no. This is simply another example of independent artists not receiving the same respect as the majors."
Earlier this year, Evans' version of "Witchcraft" was licensed for the premier episode of "Big Shots" on ABC.
"I love my job. In fact, I can't believe this is my job. However, I expect to be paid when my music is used to earn a company such as this millions of dollars," says Evans. "I'd have asked for a higher licensing fee for the TV show, which used my song, had I known they intended to then tour live with it without even asking me if that's what I wanted."
Reference:
www.myspace.com/brianevansonline
COURT: Los Angeles Superior Court
Case Number: SC096606 -- Filed Friday, January 4th, 2008
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