On February 27 Future/Now and Rebecca Derminer filed a motion in Los Angeles federal bankruptcy court to reopen Kramer's Chapter Seven. According to Thomas they hoped to "determine if in fact [Kramer] had any publishing rights for the music of the MC5.” Neither he nor Legler made clear what they planned to do with the information.

After a hearing on April 6 in Los Angeles, where Kramer lives, the judge ordered that the Chapter Seven case be reopened “for the sole purpose of permitting” a trustee “to review and determine the necessity and extent of any investigation regarding potential assets in this estate. If no action is taken by the trustee by August 6, 2004, the Clerk shall re-close the case without further notice or order of the court.’”

A few key points made by the judge in what we are discussing:

33. The Court concludes that there is insufficient factual basis to establish that a contract was formed that any of the Plaintiffs could enforce. Contract terms were never certain, and there was no meeting of the minds. The burden of proof on any contract claim was not met by any of the Plaintiffs.

The judge in the lawsuit in question, the one that involves the filmmakers,wrote a judgment that was pretty damning of Kramer not being able to satisfy the burden of proof.

Evidently convinced that Kramer would not cooperate, Future/Now and Becky Derminer teamed up to file a motion in Los Angeles on Feb. 27, 2004, to reopen Kramer’s Chapter 7 bankruptcy case from 1999.

The entire accurate account can be read in full here http://www.metrotimes.com/editorial/story.asp?id=6324 .

And here as well, from Kramer’s open letter explaining why the film was stopped.

Last month Dave Thomas, Laurel Legler and Rebecca Derminer (Tyner) entered a motion in court to strip me of my MC5 songs. Now, I must now defend myself both in federal court and in the court of public opinion. This is an effort on their part to coerce me to relinquish my rights to my work and my story.

The idea that Kramer would finally make the decision to get proactive in the defense of his songs makes perfect sense. Tyner and the filmmakers conspire in 3 lawsuits against him and he files 1 in california to protect his investment in the movie that he made a reality and to protect the misuse of his songs. He loses it because the families of the dead guys gave away his songs for free after the songs were stolen and put into a movie that made a profit.

The band members got no money from the ticket sales in all those cities where that movie played.
You do the math. Decent movie. Bad people.

Here’s more from the band’s own web site.

November 28, 2005
MC5 MEMBERS WIN LAWSUIT WAGED BY LATE SINGER’S WIDOW

FOR IMMEDIATE RELEASE

DETROIT, MICH

SURVIVING MEMBERS OF INFLUENTIAL DETROIT ROCK BAND MC5 WIN LAWSUIT WAGED BY LATE SINGER’S WIDOW

United States District Court Judge John J. Feikens of the Eastern District of Michigan dismissed a federal lawsuit filed by the widow and children of the late Rob Tyner (aka Robert Derminer), former lead singer of the MC5, against the band’s surviving members and managers. Mr. Tyner died in 1991.

The judge’s ruling is a victory for the group’s surviving members Michael Davis, Wayne Kramer and Dennis Thompson as well as their managers and respective companies.

Ms. Derminer claimed the MC5’s surviving members had infringed copyrights, and the MC5 trademark, which is jointly owned by Ms. Derminer and the surviving members. He ruled that Ms. Derminer failed to prove her ownership interest in the alleged copyrighted works. He also determined that Ms. Derminer could not bring trademark infringement claims against the co-owners Davis, Kramer and Thompson.

Judge Feikens’ ruling follows the July 2005 denial by Magistrate Judge Mona Majzoub of Ms. Derminer’s request for a preliminary injunction against the group. Magistrate Judge Majzoub issued a 24-page opinion stating, among other things, that Ms. Derminer possessed “unclean hands” with respect to her claims of exploitation of the group’s copyrights, trademark and accounting revenues, and that, as a result, Ms. Derminer and her family were unlikely to succeed on the merits of their case.

“We are pleased with the judge’s decision. Becky Derminer’s repeated harassment of our clients is tiresome and disingenuous,” said Margaret Saadi Kramer, Wayne Kramer’s long-time manager. “Angela Davis and I will continue to defend our clients’ right to work.”

During the late 1960s and early 1970s, the MC5 composed and recorded three full-length albums, but are best known for their controversial hit “Kick Out The Jams.” The last performance of the original lineup was in December 1972.

In recent years, the surviving members of this influential band have reunited to perform concerts throughout the world. They also periodically release recordings of their work, most recently last year’s successful DVD “Sonic Revolution: A Celebration of the MC5.”

“This is a vindication of our clients’ position. Their intellectual property rights have been upheld,” said J. Michael Huget of Butzel Long, the Detroit-based firm which represents the surviving members.

It doesn’t say anywhere there that the filmmakers are involved in that second lawsuit. And why would they be? I’m sure they have no interest in taking away Kramer’s publishing rights. All they did was license the songs for use in the movie, for which–get this–Kramer would have been paid, since presumably he has a share of the publishing.

I don’t know what the outcome if any was related to the other.