Keyboardist’s Widow Fights Sanctions in Royalty Case
America ı By Rochdi Rais
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The estate countered by explaining that it had offered to produce the settlement agreement in October and ultimately complied with the court’s order to provide it in November, after Magistrate Judge David Grand ruled that both parties had to share their agreements related to the disputed recordings. The estate also pointed out that Clinton and Thang had not properly requested the settlement information and had ample opportunities to investigate it during depositions.
The estate further argued that Clinton and Thang’s claims of discovery abuse were exaggerated, and no real harm had been caused by the timing of the document’s disclosure. The defendants had already been able to question Boladian about the settlement, the estate noted, and they had failed to subpoena Westbound for the communications the estate believed were necessary for their case.
The 2023 settlement agreement with Westbound records royalties and does not affect the central issue of Worrell’s co-authorship status, the estate emphasized. The settlement merely preserved the estate’s ability to continue its claims against Clinton and Thang, and it did not resolve the larger dispute over royalties from the iconic 1960s and 1970s tracks.
Clinton and Thang’s allegations that the settlement agreement is essential for understanding damages were also contested by the estate. It clarified that it was not seeking damages in the case. Instead, the estate is focused on obtaining an accounting of the royalties owed from Clinton and his company, but not from Westbound.
In the ongoing legal battle, several record companies—SoundExchange, Universal Music, Warner Brothers, Sony, and Westbound—were initially named in the estate’s complaint but were later dismissed, with the understanding that they would abide by any court rulings or settlements. In January 2024, Judge F. Kay Behm dismissed SoundExchange from the case, determining that the estate’s alleged injury stemmed directly from Clinton and Thang Inc.
According to the estate’s complaint, Bernie Worrell’s contributions as a songwriter, musician, producer, and performer on many of the band’s 1970s and 1980s hits should entitle him to a share of the royalties generated by the songs, which have earned millions of dollars over the years. Clinton and the record companies involved have refused to pay the estate any royalties, the filing asserts.
This is not the first time the estate has sued Clinton. A prior lawsuit filed in New York state court, which claimed breach of contract and breach of the duty of good faith, was dismissed due to an unverified contract.
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