Broken Benjamin

Discussion in 'Other Music' started by The Doctor, Aug 2, 2011.

  1. #1
    The Doctor

    The Doctor I wear a fez now. Fez's are cool. LPA Super Member

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    DAVE SCHERBENCO / the CITIZENS' VOICE Breaking Benjamin lead singer Benjamin Burnley fired his bandmates after learning they made unauthorized decisions on behalf of the band, according to court documents.

    Breaking Benjamin broken over song dispute
    BY MICHAEL R. SISAK AND KRISTEN GAYDOS (STAFF WRITERS)
    Published: August 2, 2011
    Breaking Benjamin has reached its breaking point.

    The Wilkes-Barre band, which gained worldwide fame for alternative rock anthems focused mainly on affliction and adversity, has been torn apart by a feud between its namesake lead singer and two longtime bandmates, according to a trove of court documents obtained by The Citizens' Voice.

    The dispute, over a new recording of the band's hit song "Blow Me Away," erupted in May when lead singer Benjamin Burnley fired the bandmates, guitarist Aaron Fincke and bassist Mark Klepaski, via e-mail.

    Burnley detailed his side of the dispute in a June court filing, saying Fincke and Klepaski made unilateral and unauthorized decisions on behalf of the band, including giving permission in May for the new recording and remix of "Blow Me Away" without his consent.

    Burnley, through his attorneys, said Fincke and Klepaski approved the revised version of the song, for use on greatest hits album slated for release Aug. 16, after their record company offered a $100,000 payment. At no time, Burnley said, did Fincke and Klepaski or their representatives inform him, the band's lawyer or management that the offer was even made.

    In a July court filing, attorneys for Fincke and Klepaski - known professionally as Mark James and Aaron Fink - said they "dispute and strictly deny" Burnley's allegations. At issue, the attorneys said, is the validity of a January 2009 partnership agreement giving Burnley permission to dismiss Fincke and Klepaski for "cause."

    The agreement, the attorneys for Fincke and Klepaski said, was invalid after Burnley told his bandmates in June 2010 that he was ill and could no longer perform live concerts. Around the same time, the attorneys said, Burnley refused to perform at a concert in Vancouver, B.C. and has appeared on stage only twice since.

    Representatives from the band's management, Career Artist Management in Los Angeles, Calif., declined comment Monday on the status of the group. Burnley, Fincke and Klepaski, and their attorneys, could not be reached for comment.

    Burnley, who founded Breaking Benjamin in 2001 and is listed in court papers as its "sole founding member," posted a message on the band's website in June 2010 dispelling Internet rumors that the band was breaking up.

    The rumors had spread quickly after the band abruptly stopped touring in support of its fourth album, "Phobia." In the message dispelling the rumors, Burnley claimed ongoing "health issues" were preventing him from touring, but that those issues did not signal the end of the band.

    Burnley played two acoustic shows in July 2010 without his bandmates, but wrote to fans, "This is no way means that I have left, or am ever going to leave, Breaking Benjamin."

    Burnley later disclosed that he suffers from chronic fatigue syndrome and neurological damage fueled by years of alcohol abuse. Breaking Benjamin played its last major hometown show in March 2010 to a sold-out crowd at the Mohegan Sun Arena in Wilkes-Barre Township. The last updates on the band's Twitter and Facebook pages came in July 2010.

    Over the past decade, Breaking Benjamin racked up three platinum-selling albums and multiple top-20 singles and had their songs featured in the movies "Wrong Turn," "Surrogates" and "National Treasure" and the video game "Halo 2."

    Klepaski and Fincke joined Breaking Benjamin in late 2002, according to Burnley's court filings. Klepaski and Fincke had been members of the local band Lifer, which gained notoriety after winning MTV's Ultimate Cover Band Contest and signing a recording contract with Universal Music Group.

    Breaking Benjamin, with Klepaski and Fincke on board, also began to gain fame, building a die-hard fan base in the Wilkes-Barre area. Their single, "Polyamorous," hit MTV2 in 2002 and their debut album, "Saturate" received major airplay, peaking at number 2 on the Billboard Top Heatseekers Chart.

    Chad Szeliga replaced original drummer Jeremy Hummel in 2005. The same year, Hummel filed a lawsuit against Burnley, Fincke and Klepaski, claiming he was unfairly kicked out while on paternity leave and that band members had refused to share profits from songs he helped write.

    Burnley, in the June court filing, said he is entitled, under the band's partnership agreement, to retain ownership of the band's name and had the "exclusive right" to tour and record under the Breaking Benjamin banner in the future.

    Via:
    [email protected], 570-821-2061
     
  2. #2
    Blackee Dammet

    Blackee Dammet Feminism Is My God Now

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    Dude's always been sort of an idiot. That said, he replace the dudes with guys that play just like them and nobody will know the difference.

    Still, dick move.
     
  3. #3
    $pvcxGhxztCasey

    $pvcxGhxztCasey meanwhile... LPA Addicted VIP

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    How is that a dick move?
     
  4. #4
    Hybrid

    Hybrid Meow! This cat has claws! LPA Team

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    I'm still a fan. Ben is Breaking Benjamin. The major line there is "Sole founding member." Everybody else joined his band, not the otherway around. They should have understood they were joining his band. Therefore, all descisions should be run through him. Period. Still excited to hear new stuff, seeing as Ben is a good songwriter in my opinion.
     
  5. #5
    Agent

    Agent Formerly known as Agent Sideburns LPA Über VIP

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    Dang. Always sad to see bands breaking up over personal disputes.
     
  6. #6
    The Doctor

    The Doctor I wear a fez now. Fez's are cool. LPA Super Member

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    They started the band together. It wasn't Ben recruiting people initially. And originally he didn't even want to sing because he hated his voice. Once they gained popularity he turned into an egomaniac and even refused to acknowledge that he came from my town and instead said he was from Los Angeles. Fame has really gone to his head.
     
  7. #7
    Derek

    Derek LPAssociation.com Administrator LPA Administrator

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    Yeah not too sad to see this happen. Everything I've seen has suggested Ben became a total dick and as a result I haven't listened to them for 2 years because of Ben's ego. Shame too because I used to be a big fan.
     
  8. #8
    Hybrid

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    He was also doing some serious alcohaulin. I still like his voice and his music, though.
     
  9. #9
    travz21

    travz21 Muscle Museum LPA Super Member

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    They used to be good when they used to be good.
     
  10. #10
    Hybrid

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    Trav, that's like saying I miss Linkin Park when Linkin Park was Linkin Park.
     
  11. #11
    Derek

    Derek LPAssociation.com Administrator LPA Administrator

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    WHERE HAZ THE NU-METAL GONE. :FUUUUUU:
     
  12. #12
    Benjamin

    Benjamin LPA team LPA Super VIP

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    ...
     
  13. #13
    ThaHandyman

    ThaHandyman Banned

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    I thought we always used to defend LP back in the day claiming they weren't nu metal??
     
  14. #14
    Hybrid

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    Facetious
    adjective
    1. not meant to be taken seriously or literally: a facetious remark.
    2. amusing; humorous.
    3. lacking serious intent; concerned with something nonessential, amusing, or frivolous: a facetious person.

    Mockery
    noun, plural -er·ies.
    1. ridicule, contempt, or derision.
    2. a derisive, imitative action or speech.
    3. a subject or occasion of derision.
    4. an imitation, especially of a ridiculous or unsatisfactory kind.
    5. a mocking pretense; travesty: a mockery of justice.

    :awesome:
     
  15. #15
    Jeff

    Jeff me me big boy LPA Addicted VIP

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    L I N K I N C E P T I O N
     
  16. #16
    Hybrid

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    :jawdrop: winner!
     
  17. #17
    Justin V.

    Justin V. Professional Lurker

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    Is there anything to back this up? Because if he fired them one would assume that means whatever they had going on was "his". If you start a business together and you're co-owners one person can fire the other two co-owners. So if they went to court and didn't win, he must have some backing or the other two clearly stated it is his band (kind of like Sublime & Smashing Pumpkins).

    It is a dick move though because he could have at least talked it out. BUT it's a dick move if they really did accept money and signed off on a remix without telling ANYONE else in the BB camp. Messed up all around. I'd be mad too.
     
  18. #18
    Jordan

    Jordan Secret Robot

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    "Court documents" "court filings" "attorneys" "allegations" "band's lawyer"

    Guess that's what music's all about! *more arguments against capitalism*

    Judging by their music, I guess they never really had any musical integrity anyway.
     
  19. #19
    Hybrid

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    Granted, you're entitled to your own opinion, I think that's a pretty shitty accusation.
     
  20. #20
    travz21

    travz21 Muscle Museum LPA Super Member

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    They didn't.
     

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