Stop Release of Beatles Bootlegs, Apple Corps Tells Court

Apple Corps Ltd. has filed suit in Florida federal court seeking to stop the release of bootleg recordings of a series of Beatles performances from 1962.

The record company, formed in 1968 by band members John Lennon, Paul McCartney, George Harrison and Ringo Starr, seeks injunctive relief and millions of dollars in damages from defendants Fuego Entertainment Inc., Echo-Fuego Music Group, Echo-Vista Inc., Hugo M. Cancio and Jeffrey Collins.

Cancio owns Fuego Entertainment, and Collins owns Echo-Vista Inc. Echo-Fuego is a joint venture of the two companies.

According to the complaint, filed in the U.S. District Court for the Southern District of Florida, Apple owns all merchandising rights to the band, the Beatles name, and the likenesses and performances of the band that revolutionized rock music.

The disputed recordings captured performances of the Beatles at the Star Club in Hamburg, Germany, just before and after the band began to gain international fame.

In April and May 1962 the group performed at the Star Club with then-drummer Pete Best. The contract with the club, negotiated by Beatles manager Brian Epstein, did not authorize the recording of any of the performances, the complaint says.

The Beatles released their first single, "Love Me Do," in October 1962, immediately thrusting the band into the limelight, the complaint says.

They returned to the Star Club in November and December 1962 to honor the terms of their contract, this time with Starr, who replaced Best as drummer in August 1962.

Apple says it has successfully stopped other companies, including Sony Music Entertainment and a British record company, from releasing bootleg recordings of the Star Club performances.

Collins allegedly attempted to release the bootleg recordings in 1995. When Apple refused permission, he said that "without plaintiffs' consent, we have absolutely no intention of commercially releasing the album" and that his company was "willing to sign an undertaking not to do so," according to the complaint.

However, in January Fuego allegedly issued a press release saying it would release 15 tracks from the 1962 Beatles recordings under the Echo-Fuego joint venture.

The tracks appear to be the same ones Collins tried to release in 1995, Apple says.

The 15-count complaint alleges copyright infringement, trademark infringement, unfair competition, and unauthorized publication of name or likeness.

The plaintiff requests an order directing the defendants to immediately deliver all master tapes or copies of the allegedly infringing recordings.

It seeks actual damages plus profits or statutory damages of at least $150,000 per act of infringement under the Copyright Act ; treble damages for the trademark and unfair-competition claims under the Lanham Act; and at least $5 million in actual damages and $10 million in punitive damages for the state law claims of copyright infringement, unfair competition and unauthorized publication of name or likeness.

A statement posted on Florida-based Fuego's Web site says the company emphatically disputes all of Apple's material allegations and will vigorously defend against the suit.

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Apple is represented by Richard C. Wolfe of Wolfe & Goldstein in Miami.