07.02.99 - Neudorf's lawyer makes final arguments in Sarah McLachlan case
06.30.99 - Sarah McLachlan's lawyer wraps up arguments in court case
06.28.99 - Sarah McLachlan lawsuit to wrap this week
06.10.99 - Closing arguments begin in Sarah McLachlan trial
03.30.99 - Sarah McLachlan trial delayed again
02.18.99 - Sarah McLachlan Copyright Trial Drawing To a Close
12.15.98 - Sarah McLachlan Will Prevail In Songwriting Suit
12.13.99 - Sarah McLachlan feels vindicated by court ruling
By Allan Dowd
VANCOUVER, British Columbia (Reuters) - Grammy Award winner Sarah McLachlan feels vindicated after a court rejected a songwriter's lawsuit seeking credit for several songs on her debut album, her attorney said Monday.
A British Columbia Supreme Court judge on Friday dismissed Darryl Nuedorf's claim that he should share credit for four songs on McLachlan's ``Touch'' album, which was released in 1988 before the singer shot to international stardom.
Nuedorf, who also is a record producer, had been hired by McLachlan's record company to help the then-neophyte performer complete the album, but the court ruled there was no agreement that Nuedorf was part of the songwriting process.
``She feels vindicated that's the main thing ... In her heart of hearts she knew what went on, and so it was just shocking to be on the receiving end of these allegations,'' attorney Jennifer Conkie said.
``I don't know if she'll be happy that I reported she shrieked with delight (about the ruling), but she did,'' Conkie said.
Nuedorf's attorney was not available for comment Monday, but a Vancouver radio station reported that Nuedorf was out of the country and that no decision had been made about an appeal.
Both Nuedorf and McLachlan live in the Vancouver area.
McLachlan, 30, has become a music star with such albums as ``Surfacing'' and by organizing the popular all-female music tour known as Lilith Fair. She won two Grammy Awards in 1998 for best pop vocal and best pop instrumental.
The 151-page ruling by Judge Bruce Cohen released late on Friday followed a lengthy trial late last year and early this year during which McLachlan performed in the courtroom to demonstrate aspects of the songwriting process.
Conkie said the legal case should be a lesson to other budding music stars. ``They should obviously talk (with any collaborator) about what they think they're doing,'' Conkie said.
Nuedorf had denied he was seeking to cash in on McLachlan's fame, saying he had first asked for writing credits and royalties on the songs ``Vox,'' ``Steaming,'' ``Sad Clown,'' and ``Strange World'' before McLachlan became famous.
12.13.99 - Sarah McLachlan wins civil case against drummer
VANCOUVER - Sarah McLachlan, Canadian music star and the woman behind Lilith Fair, has won a courtroom battle in British Columbia against a former colleague and record producer, Darryl Neudorf.
Neudorf had tried to claim cash and credit for work on four songs from McLachlan's debut album of 1988, titled Touch. He sued McLachlan, her label (Nettwerk), and her managers, Mark Jowett and Terry McBride.
McLachlan's lawyer, Jennifer Conkie, calls the decision "a landmark for Canadian copyright law." She says it provides a legal test for collaboration and joint authorship of songs.
Roy Forbes is a Vancouver singer-songwriter and producer who has collaborated with many people on songs. He says while verbal contracts may seem fine between friends, the ruling underlines that written contracts help clarify the creative process.
"I think it teaches all of us that we need to be absolutely clear about what we're doing and how far we're going," he says. "I'm guilty, like most people, of not wanting to do that because of the friendship factor and all of that. But I think it probably should be written down because who's going to help us come to the agreement of what was actually said."
Neudorf formerly played drums with the band 54-40, and was recruited by Nettwerk to assist McLachlan. Sarah McLachlan was 20 years old when he recorded her debut album. She had just moved to Vancouver from Halifax.
Jennifer Conkie, McLachlan's lawyer, says the singer "shrieked with delight" when she heard about the judge's decision to dismiss the suit.
It was a long fight for McLachlan. The civil trial began in November 1998.
McLachlan testified on her own behalf. During the trial, she even occasionally sang and played a keyboard in order to help to illustrate the mechanics of assembling a song.
McLachlan hasn't told her lawyer yet whether she'll seek legal costs from Neudorf. Neudorf hasn't said yet whether he'll appeal the ruling.
7.2.99 - Neudorf's lawyer makes final arguments in Sarah McLachlan case
PAUL GRANT - CBC Radio Arts
VANCOUVER - The lawyer for the man suing singer Sarah McLachlan has presented his final arguments at her Vancouver trial. Darryl Neudorf is suing McLachlan and others for more credit and money for his help in writing four songs for the 1988 album Touch.
Neudorf's lawyer, Jonathon Simkin, said earlier this week that the idea that a person who originates a song is therefore the sole author of it is not supported by law.
McLachlan's lawyer had argued that while Neudorf worked on the album 11 years ago, he didn't do enough to claim joint authorship. Neudorf was paid a salary, expenses and received one credit for his work on Touch.
If Neudorf wins this case, a second trial would be held to calculate specific damages. Touch has sold about 625,000 copies worldwide.
© 1999 InfoCulture
6.30.99 - Sarah McLachlan's lawyer wraps up arguments in court case
THE ARTS REPORT
VANCOUVER - Sarah McLachlan's lawyer, Jennifer Conkie, wrapped up her final submissions yesterday in a long-drawn-out legal battle over McLachlan's breakthrough album, Touch.
Darryl Neudorf, a former band member for the group 54-40, maintains he helped Sarah McLachlan write four songs on her first album a decade ago. He's suing her for album credit and monetary compensation.
McLachlan's lawyer says Neudorf's work on the Touch album wasn't enough to warrant being credited as a co-producer or co-songwriter.
The case has been lodged in a B.C. Supreme Court in Vancouver for more than seven months now.
Neudorf's lawyer gets a last reply to Conkie's statements before the trial wraps up today. The judge isn't expected to deliver a verdict until the fall.
© 1999 InfoCulture
6.28.99 - Sarah McLachlan lawsuit to wrap this week
VANCOUVER - Closing arguments resume Monday morning in the copyright trial involving singer Sarah McLachlan.
The trial, originally scheduled to last three weeks, has dragged on for more than eight months.
While it's expected to wrap up this week, a decision in the complex case could take many more months.
Darryl Neudorf is suing McLachlan and her label, Nettwerk Records, for songwriting credit, copyright infringment and a share of the royalties from her 1988 debut album Touch.
Neudorf claims he co-wrote four of the songs on the album. McLachlan and Nettwerk Records disagree, and claim Neudorf was well compensated for his production work on Touch.
It sounds like a simple case of he said, she said. But it's far more complex than that.
Neudorf's lawyer, Jonathon Simkin, says the case is complicated because of the collaborative nature of making music.
"Ten years after the fact, it's not hard to understand why the parties can't say with one-hundred per cent certainty 'I was responsible for this note and I was responsible for that note.' When you really work closely together, it's often impossible to know even at the time exactly who was responsible for what," Simkin said.
McLachlan's lawyer Jennifer Conkie agrees it's a complex case. But she plans to tell B.C. Justice Bruce Cohen that there is a way to sort out the difference between working together and writing together.
"Making a record can include all kinds of creative contributions," said Conkie. "And we call it writing. It's often not writing. It's often just playing and then recording the songs to tape. So this is the key question: 'What kind of contribution attracts copyright protection?'"
What makes the question of contribution and credit hard to answer is that there were no contracts signed by anyone involved in the recording session. NewsWorld
6.10.99 - Closing arguments begin in Sarah McLachlan trial
MICHAEL CRABB - The Arts Report
VANCOUVER - Closing arguments began yesterday in a civil lawsuit against the singer Sarah McLachlan.
Darryl Neudorf, a drummer, is seeking co-authorship credit for four songs on McLachlan's 1988 album, Touch. The album was not originally a big seller but did help Sarah McLachlan land a United States recording contract. McLachlan has since become an international music star.
Yesterday, Neudorf's lawyer accused McLachlan and her Canadian record company of changing their stories about Neudorf's role in making the Touch album, and of unfairly portraying him as an "egomonster," attempting to cash in on McLachlan's success.
McLachlan's lawyer says Neudorf was compensated well for his services.
The trial began last November and was expected to be over in three weeks but exhaustive expert testimony and scheduling conflicts are being blamed for the delays. Closing arguments are expected to last six days and the judge's ruling will come later in the year.
McLachlan herself was not in court yesterday, but she did sit down for an interview with Midday's Brent Bambury earlier this week.
© 1999 InfoCulture
3.30.99 - Sarah McLachlan trial delayed again PAUL GRANT - CBC Radio Arts
VANCOUVER - The civil trial involving singer Sarah McLachlan has been postponed yet again. The trial had been expected to resume yesterday in B.C. Supreme Court.
Musician Darryl Neudorff is suing the Vancouver-based star and her label, Nettwerk Records, claiming he wasn't given a writing credit on four songs on McLachlan's first album.
Eight weeks of off-and-on testimony wrapped up just before Christmas. The court had been scheduled to hear closing arguments this week.
No explanation was given for yesterday's delay. Lawyers for both sides were unavailable for comment.
A spokesperson for Nettwerk Records suggested it may be at least a month before a new date is set for closing arguments.
© 1999 InfoCulture
2.18.99 - Sarah McLachlan Copyright Trial Drawing To a Close
WebPosted Thu Feb 18 07:24:24 1999
VANCOUVER - Lawyers in the Sarah McLachlan copyright infringement trial say they are ready to present their closing arguments at the end of next month. All the witnesses called to testify have now been heard from.
McLachlan is being sued by Vancouver record producer Daryl Neudorf. He says he co-wrote four of the songs on McLachlan's 1988 debut album. Neudorf has testified he should be given a writer's credit for four of the songs on Touch.
McLachlan has testified she believes she did all of the writing on the contentious songs herself and that Neudorf was making "unsolicited suggestions". She said she didn't want to turn down his ideas in case she hurt his feelings.
She has admitted, though, that Neudorf may have helped her with one song.
Since the release of the album in 1988, McLachlan has gone on to international success as a singer-songwriter with such hits as "Building a Mystery."
The trial, originally expected to last two weeks, began on November 2.
© 1999 SonicNet
12.15.98 9:01 AM EST- Sarah McLachlan Will Prevail In Songwriting Suit
Manager: Says evidence is stacking up against former colleague of Lilith founder who is claiming he co-wrote tunes.
Staff Writer Chris Nelson reports:
The manager for Canadian songstress Sarah McLachlan said evidence is fast building against a former colleague of McLachlan's who is suing her, claiming he deserved songwriting credit on several of her tunes.
"The evidence is stacking up that [onetime associate Darryl Neudorf] is saying one thing and the other people are saying something completely different," said Terry McBride, McLachlan's manager.
The trial of the suit brought by Neudorf was put on hold at the end of last week and will resume in February to allow attorneys for both sides to fulfill prior commitments.
On Monday (Dec. 14), McBride said the singer -- and founder of the popular woman-centric Lilith Fair -- had finished testifying, but he said the defense still has several witnesses to call. Among those left to take the stand are officials from Nettwerk, McLachlan's Canadian label, along with drummer Ross Hales and bassist Dave Kershaw, both of whom played on McLachlan's 1988 debut album, Touch.
A clerk at Canada's Supreme Court of British Columbia in Vancouver said Monday that the trial is scheduled to resume Feb. 8.
"I think we're going to win this hands down," McBride said. Neudorf's attorney, Jonathan Simkin, was unavailable for comment Monday.
Neudorf claims he deserves co-writing credit for the songs "Vox," "Steaming," "Strange World" and "Sad Clown," all of which are on Touch. If his suit establishes co-authorship, Neudorf then can pursue monetary compensation.
The singer contends that Neudorf already has been compensated for his work, which did not amount to co-authorship.
During the trial, which has lasted six weeks, the "Sweet Surrender" (RealAudio excerpt) singer has taken the stand on several occasions to recount, often with emotion, how her early songs were written. She has performed the songs for the court during her testimony to demonstrate the songwriting process.
Last month, Simkin said his client created significant portions of the songs in question. In "Steaming," for instance, he said Neudorf penned the melody leading up the chorus, something McLachlan acknowledged in court.
"He took a pre-existing song and changed it drastically," Simkin said.
McBride, however, predicted that the combined testimony of various witnesses would help McLachlan prevail.
Since releasing Fumbling Toward Ecstasy four years ago, McLachlan has become one of the most popular female artists in the world. Her most recent album, Surfacing (1997) -- which included the hits "Building a Mystery" and "Sweet Surrender" -- has sold more than 5 million copies worldwide, according to McBride.
Touch has moved 600,000 units worldwide.
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