Punk musician Travis Barker sues over SC plane crash

LOS ANGELES – Punk musician Travis Barker on Friday sued companies linked to a plane that crashed in South Carolina, injuring him and killing two friends.

The former Blink-182 drummer sued the plane’s owners, Goodyear Tire and Rubber Co., and an airplane maintenance company, seeking more than $25,000 in damages.

Barker’s suit claims the companies improperly operated and maintained the Learjet that overshot a runway and burst into flames on Sept. 19.

The crash killed two pilots, Barker’s assistant, Chris Baker, and Barker’s bodyguard, Charles Monroe Still Jr.

Barker is seeking damages for pain and suffering, disfigurement, loss of earnings, and medical and legal expenses. Still’s mother, Thelma Martin Still, joined Barker in the lawsuit and is suing the companies for damages including grief and sorrow, funeral expenses and loss of earnings.

Barker and celebrity disc jockey DJ AM were both injured in the crash. The pair had performed together the night of the crash and were flying back to Los Angeles.

The lawsuit alleges that the Learjet was “defective” and faults the plane’s pilots, claiming they were improperly trained and should have tried to take off rather than continue down the runway. The jet was owned by Global Exec Aviation, a Long Beach, Calif.-based charter company.

Along with Global Exec, others named in the lawsuit are Goodyear; Toronto-based Bombardier Inc., which the suit claims was responsible for maintaining the aircraft; and two charter firms that brokered the flight, Clay Lacy Aviation Inc. and Inter Travel and Services Inc.

Messages left for Global Exec Aviation, Bombardier and Goodyear were not returned Friday. A person at Clay Lacy said it was not the company’s plane, and contact information could not be found for Inter Travel.

Aviation authorities have said cockpit recordings indicated the jet’s crew thought a tire had blown during takeoff. National Transportation Safety Board officials have said pieces of tire were recovered about 2,800 feet from where the plane started its takeoff down the 8,600-foot runway.

An NTSB report on the crash has not been finalized.

FCC Appeals Janet Jackson Case To Supreme Court

The Federal Communications Commission has asked the U.S. Supreme Court to review the indecency case over Janet Jackson’s breast-baring performance at the 2004 Super Bowl.

The FCC this week appealed a ruling by the 3rd U.S. Circuit Court of Appeals in Philadelphia, saying that court was wrong to throw out the case and a $550,000 fine against CBS Corp. in July.

The appellate court cited the FCC practice of not considering objectionable images indecent if they are “fleeting.”

In Jackson’s halftime show at the 2004 Super Bowl, which spawned the case, she briefly flashed a breast as she performed with Justin Timberlake.

The FCC said the court incorrectly applied a rule — since changed — regarding expletives that required a profanity be repeated before it is deemed indecent. The FCC contends the rule didn’t apply to images.

Reaction to the appeal was swift from the Media Access Project, which filed a friend-of-the-court brief with the appellate court on behalf of a group of TV writers, directors and producers.

“The impact of the FCC’s decision on the creative process is very profound,” said the group’s chief executive, Andrew Jay Schwartzman. “The FCC’s decisions in this area have made it very difficult for creative artists to exercise their craft.”

At the time, broadcasters did not employ a video delay for live events, a practice that changed within a week of the game.

The FCC also has an appeal pending before the U.S. Supreme Court in a New York case involving profanity uttered by Cher during the Billboard Music Awards in December 2002 and by Nicole Richie during the same event a year later, both carried on Fox stations.

The agency has asked the court to rule in that earlier case before taking on the Jackson incident.

Rock Radio In ‘Love’ With Incubus Album Track

Last month, Epic senior VP of promotion Jacqueline Saturn was poring over airplay reports from Nielsen BDS when she noticed something strange. Apparently, KROQ Los Angeles had given eight spins to the Incubus song “Love Hurts,” from an album that was nearing 2 years of age.

Epic worked three singles from 2006’s “Light Grenades,” all of them top 10 modern rock hits: “Anna-Molly” (No. 1), “Dig” (No. 4) and “Oil and Water” (No. 8). But with Incubus off the road, the album had lain mostly dormant for months.

“I remember eyeballing the report like, ‘That’s weird!’ But I didn’t really think about it,” Saturn says. Then the e-mails started flooding in. “People were wondering if this was from a new Incubus record,” she recalls.

Rather, “Love Hurts” was simply identified by KROQ PD Kevin Weatherly and his staff as a track they thought their audience would enjoy, and quickly after they began spinning it, several other modern rock stations jumped onboard nationwide as Epic sprung into duty.

The song is now a bona fide hit: “Love Hurts” rockets 16-8 this week on Billboard’s Modern Rock chart with the most airplay ads of any song there, notching Incubus’ 13th straight top 20 hit at the format. That’s tied with Foo Fighters for the longest current streak and is the third-longest in the chart’s history.

“‘Love Hurts’ was always a song we thought could be a hit, but we pounded those earlier singles and we needed a break,” KROQ music director Lisa Worden says. “A couple months ago in one of those brutal music meetings, we brought ‘Love Hurts’ back and by far it was the best song we heard. We’re like, ‘We don’t care that it’s old. We’re putting it on,’ and the song immediately started reacting.”

Incubus briefly surfaced in July to play at a VH1 tribute to the Who, but for now there isn’t any band activity in the offing. Guitarist Mike Einziger is preparing to start a music composition degree at Harvard, while bassist Ben Kenney recently released a self-titled solo album and has been touring.

“I’m of the mind to say it wouldn’t be a bad thing to disappear for a year or two years,” frontman Brandon Boyd told Billboard this summer. “A lot of people would say culture moves too fast and you need to remind people, but I would argue there’s not any rush. Maybe there will be a sex scandal or an arrest or something to keep us in the news.” Luckily, “Love Hurts” is doing the trick quite nicely.

Plain White T’s Morph Into ‘Ultimate Band’

Plain White T’s is teaming with Disney Interactive Studios’ (DIS) “Ultimate Band” game for the Nintendo Wii and DS platforms. The group is featured on the Wii version with exclusive videos including an acoustic performance of the single “Natural Disaster” from the its new Hollywood album, “Big Bad World.”

A re-recorded version of the band’s “Our Time Now” from its 2007 label debut album “Every Second Counts” is also featured in both the Wii and DS games.

“In ‘Ultimate Band,’ we have more than 30 hit songs for fans of mainstream and independent music,” DIS global marketing senior VP Craig Relyea tells Billboard, “but the game’s convergence of music is much deeper than the track listing.

“In addition to the creative integration of the Plain White T’s music and characters, we worked with Linkin Park’s Music for Relief by featuring a MFR charity concert in the game. We also sponsored the charity during their Projekt Revolution U.S. summer tour.”

“Ultimate Band” takes gamers on a journey to achieve rock stardom, starting as garage-band beginners and working toward widespread notoriety. Players use the Wii Remote and Nunchuk controller to become the ultimate “air band” as they perform to more than 30 indie and mainstream hits.

“Our Time Now” allows Wii players to use male or female voices for their own uniquely customized “Frontman.” As players progress through the game’s garage-to-stardom storyline, they unlock specially designed Plain White T’s band characters while performing the song. These characters can then be played during any song throughout the game. On the DS version, players increase their fans by strumming along to the chords on the lead, rhythm or bass guitars, as well as rocking out on the drums.

Plain White T’s scored the first No. 1 Billboard Hot 100 for Hollywood with “Hey There Delilah” in July 2007.

T.I. Testifies At Ohio Murder Trial

Rapper T.I. testified today in Cincinnati that he believes the bullets fired at his entourage during a wild vehicle chase two years ago were meant for him. He took the witness stand in the trial of Hosea Thomas, 34, who is accused of firing the shot that killed Philant Johnson during a gun battle on Interstate 75.

“All of those rounds were fired for me, in my opinion,” he said, adding that he later apologized to Johnson’s mother when he called her with the news.

Testifying for the prosecution, T.I. described seeing Johnson, whom he called his best and oldest friend, after their van pulled over. He said Johnson was lying lifeless, blood running down his face from a shot into his left temple.

Johnson was an assistant to T.I., whose real name is Clifford Harris. T.I. said he and Johnson grew up together in Atlanta.

The shooting occurred after a post-concert party at a club. T.I. said after his van drove away, he spotted another vehicle moving up from behind in traffic. Then shots rang out and he took cover.

Three others were injured. T.I. wasn’t hurt.

He testified that after calling Johnson’s mother, he talked to Johnson’s young daughter, whom he said was 4 or 5 years old. “I told her that he was gone to a better place and he won’t be coming back. And I told her how much he loved her,” he said.

T.I. spoke calmly and directly during 30 minutes on the stand in a packed, small courtroom in the Hamilton County courthouse.

Prosecutors say Thomas’ brother has identified him as the shooter. Padron Thomas was driving a Jeep that allegedly chased the vans used by T.I. and his entourage on May 3, 2006.

Hosea Thomas’ attorney said Padron Thomas is testifying against his brother to earn a lesser sentence on federal charges.

T.I. has had his own legal problems. He was sentenced to one year in prison on federal weapons charges after his arrest in October 2007 before the BET Hip-Hop Awards in Atlanta for allegedly trying to buy automatic weapons. He is to start his sentence in March after completing 1,000 hours of community service.

Mavis Staples - Live: Hope at the Hideout

Product Information, Audio Previews, Reviews and More On:
Mavis Staples - Live: Hope at the Hideout

“Last year, Mavis Staples released a revelatory collection of protest songs (”We’ll Never Turn Back”) that, though such a thing was hardly needed, reaffirmed her vitality in the current music scene. “Hope at the Hideout” is her victory lap, a joyous house party that benefits from a wonderful alignment of the stars: It was recorded in her return to a cozy, sold-out blues house in Staples’ Chicago hometown and released on Election Day. At 69, Staples’ power-train voice is close to rugged perfection throughout, and she’s wonderfully fired up. And while the studio versions of these tracks are driven by a singular purpose, their live cousins shimmer and shake. Nowhere is that clearer than on a lively and soulful “For What It’s Worth,” a soaring “This Little Light” and the singularly majestic “We Shall Not Be Moved.” —Jeff Vrabel”

Zac Brown Band - The Foundation

Product Information, Audio Previews, Reviews and More On:
Zac Brown Band - The Foundation

“Touring tour-de-force Zac Brown Band’s major-label debut is as refreshing a set as has come down the pike in quite some time. Infectious first single “Chicken Fried” celebrates the simple things in life like cold beer and “jeans that fit just right,” while “Whatever It Is” addresses the mystifying power of love. “Toes” is a tropical treat in the tradition of Jimmy Buffett (”I got my toes in the water, ass in the sand”) and “Where the Boat Leaves From” also celebrates the island life. Traditional country toe-tapper “Mary” highlights the group’s tight harmonies, and the touching “Highway 20 Ride,” about shared custody of a child, is a stone-country smash. Uptempo barn-burner “It’s Not OK” follows the tradition of the Charlie Daniels Band, and “Sic ‘Em On a Chicken” is just plain fun. —Ken Tucker”

John McCain Fights Back Against Jackson Browne

John McCain may have lost the presidential election to Barack Obama, but his campaign seems absolutely determined not to lose to Jackson Browne.

The singer/songwriter sued McCain in August after the Republican candidate used his song, “Running on Empty,” in a campaign commercial that targeted Obama’s energy plan. At the time, many didn’t take the legal threat very seriously, but based on two motions filed this week in U.S. District Court in California, the McCain campaign sure does.

Represented by attorney Lincoln Bandlow at Spillane Shaeffer, McCain has filed two 20-page motions.

The first is a standard motion to dismiss, claiming that McCain’s use of the song was fair use. The campaign’s fair use reading is based on the application of the standard four-factor test that includes the purpose and character of the use of the song (McCain argues it was non-commercial and transformative); the nature of the work (McCain derides the song as old, old, old, with a title that’s an acknowledged cliche); the amount and substantiality of the use of the song (McCain only used the title phrase, and cites a recent judgment against Yoko Ono, who had sought to prevent the unauthorized use of John Lennon’s “Imagine” in a film); and the effect of the use of the song (McCain says that rather than damage the song’s commercial potential, his use “will likely increase the popularity of this thirty year-old song”).

McCain also says that Browne’s assertion that the Lanham Act’s prohibition on the implication of a “false association or endorsement” fails because it only applies to “commercial speech,” not “political speech.”

The second filing is maybe even more interesting. It’s an anti-SLAPP motion, which is typically used by defendants as a way to seek monetary damages after a plaintiff has subjected a defendant to a lawsuit meant to chill free speech. So far, McCain is only looking for attorney’s fees and costs, but claiming an artist has interfered with free speech is quite the poke of an eye in show business.

Browne’s camp has yet to comment on the filings.

Guns N’ Roses’ ‘Chinese Democracy’ Streaming On MySpace

Guns N’ Roses is streaming its long-awaited Black Frog/Geffen album “Chinese Democracy” on MySpace ahead of its Sunday (Nov. 23) release exclusively via Best Buy.

The album, which was debuted for fans at New York and Los Angeles listening parties earlier this week, has already leaked online. An avalanche of “Democracy” reviews have gone to print, including a nearly 2,000-word treatise from Chuck Klosterman in the Onion. (For Billboard’s review, click here)

The album’s title track debuts this week at No. 34 on the Billboard Hot 100, the band’s first appearance on the chart since “Sympathy for the Devil” in 1995.

MySpace users can also listen to “Electric Arguments” (ATO/Red), the new album by Paul McCartney’s side-project group The Fireman, which is released Nov. 25.

Michael Jackson To Testify In London Court Case

Michael Jackson plans to testify next week in a British court in a lawsuit brought against him by a Bahrain prince, Jackson’s lawyer said.

The singer is being sued by Sheikh Abdullah bin Hamad al-Khalifa, the second son of the king of Bahrain, who says Jackson reneged on a contract to record a new album and write an autobiography.

He also says Jackson owes him $7 million after the prince paid for his legal costs, travel and other expenses.

Jackson spent time in Bahrain as a guest of the royal family following a 2005 trial at the end of which he was acquitted of child molestation charges.

“Mr Jackson is intending to travel to this country…and will be available to give evidence to your lordship,” Jackson’s lawyer Robert Englehart told the British High Court in London today (Nov. 20).

The singer is expected to take the witness stand on Monday.

Englehart had initially argued that Jackson was unwell and should not travel, handing the judge a report earlier this week on the singer’s medical condition.

Bankim Thanki, representing al-Khalifa, said the medical evidence produced was “pretty unsubstantial” and that Jackson had a habit of producing a “sick note” when he did not want to turn up in court. He had wanted Jackson to appear in person.

Jackson contests that there was no valid agreement with al-Khalifa and that the sheikh’s case is based on “mistake, misrepresentation and undue influence.”

In his pleaded defense, Jackson said the payments he received were “gifts” and that no project was ever finalized.

Next Page »