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MARILYN MANSON & DAISY BERKOWITZ SETTLE SETTLEMENT IS ANNOUNCED BY BY EMPIRE MUSICWERKS AND FORMER “MARILYN MANSON & THE SPOOKY KIDS” BAND MEMBER SCOTT PUTESKY
(Please note the new CD cover is without the original animated characters.) BEVERLY HILLS, CA - (Friday, June 4th, 2004) - Empire Musicwerks announced today that a settlement was reached with Marilyn Manson and they will remove all artwork on Lunch Boxes & Choklit Cows that is similar to copyrighted works listed in the lawsuit that was filed on behalf of Marilyn Manson and Madonna Wayne Gacy on April 28th 2004 in United States District Court in Santa Monica California. Goth-rock superstar, Marilyn Manson (birth name Brian Warner) filed a lawsuit against a former member of his own original band “Marilyn Manson & The Spooky Kids” and Empire Musicwerks . Empire Musicwerks recently released the CD with companion DVD, Lunch Boxes & Choklit Cows by The Spooky Kids , championed by former Spooky Kids/Marilyn Manson guitar player and producer Scott Putesky . Brian Warner, p/k/a Marilyn Manson and Stephen Bier p/k/a (another member of Spooky Kids/Manson band known as Madonna Wayne Gacy ) claimed in a lawsuit the release was an infringement of copyright, unauthorized use of illustration, images and film footage. Manson asked for cease and desist of sales of the CD Lunch Boxes & Choklit Cows , return and destruction of all product and promotional materials, and is claiming an estimated $500,000 in damages and asking for other punitive damages and attorney costs. "We could have avoided all the legal B.S. if Brian would have just called me!" Said Scott Putesky p/k/a Daisy Berkowitz . Putesky is also refuting rumors that the release was testing the waters for a Spooky Kids reunion and the lawsuit was a publicity stunt to sell CD's. "I waited a long time to release this historic material, I could have released it a long time ago, but nostalgia is not something you can microwave!" More information re: Spooky Kids' Lunch Boxes & Choklit Cows and Empire Musicwerks available at www.empiremusicwerks.com and www.luckmedia.com
LAWSUIT BY Goth-rock superstar, Marilyn Manson (birth name Brian Warner) has filed a lawsuit against a former member of his own original band “Marilyn Manson & The Spooky Kids” it was confirmed today by Richard Wolfe , legal representative for Florida-based Empire Musicwerks , the record company named as a defendant in the suit. Empire Musicwerks recently released the CD with companion DVD, Lunch Boxes & Choklit Cows by The Spooky Kids , championed by former Spooky Kids/Marilyn Manson guitar player and producer Scott Putesky . Putesky has recently been conducting media interviews touting the release that impacted the sales charts in last week's “Billboard” magazine. The suit was filed on behalf of Brian Warner, p/k/a Marilyn Manson and Stephen Bier p/k/a (another member of Spooky Kids/Manson band known as Madonna Wayne Gacy) against both Scott Putesky (who is known as Daisy Berkowitz in Spooky Kids) and Empire Musicwerks as the record label that released and is marketing the project. The action was filed on April 28, 2004 in the United States District Court in and for The Central District of California Western Division. The public document claims, among other things infringement of copyright, unauthorized use of illustration, images and film footage. Manson asked for cease and desist of sales of the CD Lunch Boxes & Choklit Cows , return and destruction of all product and promotional materials, and is claiming an estimated $500,000 in damages and asking for other punitive damages and attorney costs. A copy of the lawsuit is available. States Richard C. Wolfe, attorney for Empire Musicwerks and Scott Putesky in the matter, “the lawsuit is a desperate attempt by Manson to continue to oppress the members of his band who are largely attributable to his success. He should support the efforts of Scott Putesky to bring these historical recordings to the group's fans. “The lawsuit is not properly founded and the California courts have no jurisdiction over the parties. We have attempted to resolve matters and Manson has refused to discuss the matter.”
FRIGHTENINGLY GOOD: EMPIRE MUSICWERKS / UNIVERSAL TO RELEASE RARE COLLECTION OF THE SPOOKY KIDS MATERIAL, APRIL 20 * * * Co-founding Spooky Kid / original Marilyn Manson guitarist Scott Putesky (a.k.a. Daisy Berkowitz) produces The Spooky Kids Lunch Boxes & Choklit Cows enhanced CD special package Before there was Marilyn Manson, there was The Spooky Kids. Dark. Loud. Stylishly bizarre. Gleefully dangerous and fantastically influential. They were South Florida's stiff middle finger answer to Seattle grunge. They recorded tons of songs, thanks to co-founder / alluringly sinister guitarist / mad scientist producer Scott Putesky, who invented and assumed the infamous persona Daisy Berkowitz, which propelled him through his crucial tenure in The Spooky Kids and Marilyn Manson. The problem with all of that killer music is that it wasn't available for mass consumption. Sure, there were coveted second- and third-generation cassettes changing hands like filthy lucre and recreational drugs, but to go to The Spooky Kids section in the record store wasn't a possibility; it just didn't exist. As a significant Spooky Kids songwriter and sole producer of the original recordings, Putesky has had this unholy grail all along, and was awarded the rights to release it as part of a much-publicized lawsuit he won against former rock & roll partner in crime Marilyn Manson. Putesky has freed the music from the muck and the mire, put his trademark production polish on the dings, scratches and dents, at his Miami-based state-of-the-art Toy Jungle Studios, and now to the victor goes the spoils. Empire MusicWerks/Universal will release the first of two volumes of Spooky Kids recordings Lunch Boxes & Choklit Cows, as an enhanced CD featuring special packaging, April 20. “I recorded all of the demos back in the early ‘90s,” explains Putesky, who engineered and mixed, as well as produced The Spooky Kids, “and I still have the four-track machine. I put the tracks in Pro-Tools, cleaned them up, and made them a lot better than even the original cassettes. There are no silly additions, like a dance beat, and nothing taken away. Half of the collection appeared as demos that we put out years ago, and the other half has never been released. Even for hardcore fans, this is going to be interesting.” Putesky is not only a fastidious producer, staying true to the music's raw energy, but he's also a meticulous archivist who has documented everything all along with the accuracy of a museum curator. Sometimes it pays (literally) to be a pack rat. Or have a healthy allegiance to the past. Or both. Drawing from stacks of notebooks of original artwork, concert flyers and albums full of images that he accumulated as a Spooky Kid and then as an original member of the Manson family, the celebrated ex-Jack Off Jill guitarist, who has gone on to form Stuck on Evil, and his current collaborative effort, Three Ton Gate (www.threetongate.org), has conceptualized and assembled the apropos elements that augment The Spooky Kids, styling its packaging with the look and spirit of the demos. Putesky insists, “I don't want anyone to think that this is a stab at what Marilyn Manson is now; it's not at all, and has nothing to do with that. It's a good product on its own. You don't get to hear a band's demos very often, and when you do, it's usually just a weaker version of their hits. This stuff is so obscure; it's like a buried treasure. Just to examine the song style, what we sounded like, the quality of the lyrics, and the way we played together – it will be a lot of fun for people who aren't familiar with us, too.” As for the answer to the obvious question, Brian Warner (a.k.a. Marilyn Manson) has not yet commented on The Spooky Kids. Putesky says, “I have tried to make contact with him several times in the past two years, only to be friendly again, not to work together, or ask him for anything or expect anything from him. But I think he should enjoy the project and be into it, because it's his performance, too.” In other words, fear not The Spooky Kids, embrace them. |
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