Drummer Denny Carmassi sues Rock and Roll Hall of Fame

DrumEatDrum

Platinum Member
http://classicrock.teamrock.com/news/2014-05-21/heart-men-sue-hall-of-fame

Former Heart bassist Mark Andes and drummer Denny Carmassi have launched a lawsuit against the Rock And Roll Hall Of Fame.

They were left out of the band’s induction ceremony last year – but their photographs were used in promotional material.

And they say they were left “humiliated” when they had to respond to colleagues’ congratulations by explaining that only members of the original line-up were being honoured.

Andes and Carmassa spent nine years with Heart from 1982 and appeared on all their Grammy-nominated tracks and half their total of 20 hit singles.

They say in legal papers: “Plaintiffs are not asking that defendant Rock Hall induct them into the Hall of Fame. Instead, this is an action to protect the rights, reputations, and likenesses of Mark Andes and Dennis Carmassi through the causes of actions false light invasion of privacy, misappropriation of name and likeness invasion of privacy, injurious falsehood, libel, slander, and right of attribution falsification of rock and roll history for Defendants’ wilful and unauthorised use of Plaintiffs’ images and likenesses.”

The rhythm section say Heart leaders Ann and Nancy Wilson wanted them to be inducted along with the original line-up, but Rock Hall bosses refused.
I did think it was weird Denny was left out.

I met him once, a long time ago. He seemed like a nice guy.
 

tamadrm

Platinum Member
There seems to be inconsistency in the RRHOF policy.When Sanatna was inducted,only the original members were invited and inducted.But when The Eagles were inducted,both Randy Meisner and Bernie Leadon were present with Joe Walsh and Timothy B Schmidt,who repeaced them.

The same was true for Fleetwood Mac.All former and present members were inducted.I guess Jann Wenner just does what he likes,after all,it's his candy store.

Steve B
 

Defender

Silver Member
R&RHOF is the biggest load of garbage. I feel sorry for Rush being inducted.
Exactly.. One of the guys that runs the RRHOF was talking about inductions a while back.. he actually said that Hall & Oats deserved to be in the HOF but that Kiss didn't. I just started laughing and almost crashed my car... Hall and Oats had like 2 albums and maybe 4 hits.. Kiss has around 20 albums and probably closer to 40 hits. The RRHOF is definitely a load of political crap! I hope Denny wins and wins millions from them.
 

Shedboyxx

Silver Member
Exactly.. One of the guys that runs the RRHOF was talking about inductions a while back.. he actually said that Hall & Oats deserved to be in the HOF but that Kiss didn't. I just started laughing and almost crashed my car... Hall and Oats had like 2 albums and maybe 4 hits.. Kiss has around 20 albums and probably closer to 40 hits. The RRHOF is definitely a load of political crap! I hope Denny wins and wins millions from them.
" I'm not sure I agree with you a hundred percent on your police work, there, Lou." Marge Gunderson, Fargo

Not sure about your math. As far as real crossover hits, I believe H&O have the edge. KISS made a lot of albums but hits - not so much.

You could make a case though about it being a Rock n Roll Hall of Fame and not a pop-rock/it's all rock n' roll hall of fame. I don't track with this award at all but I will say I was irritated that Madonna would even be considered. And they inducted her. Ugh.
H&O in my eyes aren't as big an offense but are still a pop group, maybe a blue eyed soul group. Michael Jackson wasn't rock n roll either. Everybody calls him 'King of Pop' (debatable) ....but he gets in the Rock and Roll Hall of Fame???

Not to be Eyore but my award show default mood is at the very least dismissive. If you consider all of the silly award shows out now: Teen Choice Awards, KidsChoice Awards, American Music Awards, VH1, etc, etc. etc. it's easy to see that these are primarily marketing tools used in our age of sensationalism and short attention spans. 'Look at me' is the driving theme as opposed to musical excellence.

But I digress. The excluded Heart members should press on because this is a case where a company is profiting at their expense. They at the very least should not have false representation in these events. Best Case is that they see some kind of profit themselves for the value of their contributions and hard work (i.e. road work).

More crud in the Age of Musical Discouragement. :(

Rant over....

Jim
 

JimFiore

Silver Member
And the Rock and Roll Hall of Fame is for what again?
Ooooh, Ooooh, I know, I know!! It's a cheap scheme to capitalize on other people's creative output and popularity in order to make a handsome profit for yourself and your friends!
 

Bo Eder

Platinum Member
Technically what the issue here is is that both Denny Carmassi and Mark Andes' images are being used without them getting compensated for it. This is basically a "no model release" case faced by photographers everywhere and it's pretty cut-and-dried. If both people did not release their images to the RRHOF via a model release and are not being compensated for it, then RRHOF has to either make good on compensation, or replace the images they're using with ones where they are not in. The law is pretty clear on these cases. Not sure if they would get millions (or even hundreds of thousands) because it depends on how much circulation they do with it and how many people see it (consider a current ad with Kate Upton in it - she would probably get much more), but something has to happen for them.

It would be a shame if the RRHOF decides to use an image without them and just cuts them out altogether. But for some reason I wouldn't be surprised.
 

bermuda

Drummerworld Pro Drummer - Administrator
Staff member
Best part of the Rock Hall was the gift shop! I spent 5 minutes in the museum, and 15 in the shop!

To be fair, that was about 10 years ago, they must have more stuff to see by now... and maybe even a bigger gift shop! :)

Tough call on replacement members, when I think of Heart, I think of Michael on drums and as a founding member (don't know if he actually was or not.) I know Denny's been with them for a while, but I still regard him as the current drummer. Then again, I still think of Ron Wood as the current guitar player in the Stones!

Bermuda
 

BFrench501

Senior Member
Tough call on replacement members, when I think of Heart, I think of Michael on drums and as a founding member (don't know if he actually was or not.) I know Denny's been with them for a while, but I still regard him as the current drummer. Then again, I still think of Ron Wood as the current guitar player in the Stones!

Bermuda
It is tough but some truly great bands came to the fore after having lineup changes. I would only associate Jack Irons with Red Hot Chili Peppers because I was a fan of their early work, but ask anyone who the drummer of RHCP is they will most likely say Chad Smith.
 

FreDrummer

Silver Member
Technically what the issue here is is that both Denny Carmassi and Mark Andes' images are being used without them getting compensated for it. This is basically a "no model release" case faced by photographers everywhere and it's pretty cut-and-dried. If both people did not release their images to the RRHOF via a model release and are not being compensated for it, then RRHOF has to either make good on compensation, or replace the images they're using with ones where they are not in. The law is pretty clear on these cases....
I think there's another case going on regarding professional athletes. IIRC, the suit is being brought by former NFL players whose images are being used.
 

KamaK

Platinum Member
It is tough but some truly great bands came to the fore after having lineup changes. I would only associate Jack Irons with Red Hot Chili Peppers because I was a fan of their early work, but ask anyone who the drummer of RHCP is they will most likely say Chad Smith.
Indeed. I would say the same thing about Bruce's induction. When someone says "The E Street Band", I think "Max Weinberg". Not that I disliked Vini Lopez's work, but, c'mon now......
 

tamadrm

Platinum Member
Exactly.. One of the guys that runs the RRHOF was talking about inductions a while back.. he actually said that Hall & Oats deserved to be in the HOF but that Kiss didn't. I just started laughing and almost crashed my car... Hall and Oats had like 2 albums and maybe 4 hits.. Kiss has around 20 albums and probably closer to 40 hits. The RRHOF is definitely a load of political crap! I hope Denny wins and wins millions from them.
What....two albums and 4 hits????.Better do some research dude,how about 19 albums,34 top 100 billboard singles and 6,count um',6 number 1 hits.

Kiss ,40 hits?Not even close.Try 28,most were way down in the charts.They also never had any number one hits,not even with "Beth" which only reached 7

Steve B
 
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