Beach Boys Reunite…in Court (E! Online)

Josh Grossberg Wed Mar 19, 3:35 AM ET

Los Angeles (E! Online) - Wouldn't it be nice if the Beach Boys all got along again?

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Lawyers for Beach Boys cofounder Mike Love and former bandmate Al Jardine began mediation talks Tuesday hoping to put their lingering legal dispute over use of the band's name behind them.

Joining Jardine and Love in the courtroom for part of the session: band mastermind Brian Wilson, who even joined Jardine at one point for an impromptu a cappella rendition of "Help Me, Rhonda."

The battling Boys, with the aid of Los Angeles Superior Court Judge Alexander Williams, sat down to avoid a trial and attempt to hash out a settlement to Love's claim that Jardine owes him about $2 million in attorney's fees racked up from previous litigation.

But the negotiations in chambers got off to a bumpy start when Love failed to appear on time, setting off some bad vibrations from the judge.

"What does that mean when someone doesn't show up?  That means they think they are more important than everyone else," Williams said angrily.

Love did eventually show and indicated that he was optimistic the parties could work out a compromise.

"That's what these [settlement conferences] are for," the musician said, crossing two of his fingers.

Wilson's presence seemed to indicate a deal—and possibly even a stage reunion of the surviving members of the Hall of Fame band—is doable.

Love and Brother Records, the corporation which owns the Beach Boys' trademark, sued Jardine—a founding member of the seminal surf group—in 2003 to prevent him from touring under the Beach Boys name.

While Jardine jointly owns Brother Records along with Love, Brian Wilson and the estate of late Beach Boy Carl Wilson, Love is the sole member who controls the license however and is the only surviving Beach Boy officially still touring under the moniker.

Jardine, who has hit the road in recent years fronting the likes of "Al Jardine, Beach Boy," "Beach Boys Family & Friends,"and "Al Jardine of the Beach Boys," not one of which contains an original band member.

But he was forced to abandon those billings after the U.S. Supreme Court refused to hear his appeal of a lower court injunction barring him from referencing the "Beach Boys" in his touring outfits.

That legal tussle came after Jardine filed a $4 million suit against Love and Brother Records back in 2001, alleging Love was leaving Jardine out of official Beach Boys concerts. The complaint was later dismissed.

Love seeks to recover money for legal expenses associated with the suit.

However, Jardine's lawyer, Lawrence C. Noble, stated in court documents that Love's request for payment should be rejected on a technicality because the request was not filed in federal court.

If they fail to iron out their differences in mediation, the case is scheduled to go trial April 14.

Jardine is said to be finishing up work on a new solo album, A Postcard from California, which features guest turns from the likes of Crosby, Stills, Nash and Young, and Flea from the Red Hot Chili Peppers.

Student record label finding its groove (AP)

By KATHY MATHESON, Associated Press Writer 9 minutes ago

PHILADELPHIA - When the Redwalls recently performed on David Letterman’s “Late Show,” it wasn’t just a boost for the indie rock band trying to make a name for itself. It was also a point of pride for the band’s label — student-run MAD Dragon Records at Drexel University.

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“Everyone around the country could see something that we were working on,” said junior Amanda Melczer, 20.

At a school more known for engineering and technology, Drexel’s music industry program is an emerging gem. It’s one of the most selective programs at the Philadelphia university, with close to 600 applications for 54 freshman seats, school officials said.

What makes the program unusual is a deal with Ryko Distribution that MAD Dragon chief executive officer Marcy Rauer Wagman helped secure in 2005. While other college-run labels sell mostly locally or through Web sites, Drexel’s artists get their CDs in stores across the country, from mom-and-pop shops to Best Buy.

“When we got the deal with Ryko, that definitely put us on the map nationally,” said senior Christianna LaBuz, 22. “People started taking us a little more seriously.”

MAD Dragon’s latest release, the Swimmers’ album “Fighting Trees,” came out March 4 and the label expects to put out a CD by rootsy musicians Hoots and Hellmouth in June.

Drexel’s program, which gives students real-world experience and a bachelor’s degree in “music industry,” has about 220 students — almost double the number when MAD Dragon was born in 2003.

MAD Dragon President Terry Tompkins, who previously worked for two major record labels, monitors their work during class, asking for reports on everything from artists’ airplay to in-store appearances to displays and posters.

The label’s big coup was signing the Redwalls, a group of promising Chicago rockers that had been dropped by Capitol Records. MAD Dragon released the band’s self-titled CD in October and filmed a video for the single “Modern Diet.”

“We started to gravitate toward what they were doing … because of the college market aspect,” said band tour manager Ronald “Rono” Polito. “Who better to get that message out there than the kids themselves?”

MAD Dragon takes its name from the university’s Media, Art and Design college plus the university mascot. The venture was started with $250,000 five years ago, but school officials won’t reveal its current budget.

Even at a time when more people are forgoing physical CDs to download songs, MAD Dragon’s distribution deal is important, said Randy Derebegian, who works with the label at Ryko Distribution.

Small-label bands are constantly touring and doing in-store appearances, Derebegian said, making the physical availability of CDs very important.

“When a touring band plays throughout the country … they want to be able to go into a store and see their CD there,” he said.

Derebegian said he didn’t even realize some of his MAD Dragon contacts were students when he first started dealing with the label, and was impressed enough to hire one after he graduated. Polito, the Redwalls’ manager, agreed the students work hard but added that “they’re still in a learning curve.”

Everyone is still learning, said Wagman, an industry veteran. Noting the label’s new D3 Digital Music unit, she said the program has to evolve as the music business changes.

“(It’s) the most dynamic time that I can remember,” she said. “It’s so fascinating right now to be at the edge of this wild, wild west.”

LaBuz, a student who headed the label’s related booking agency, said the experience at MAD Dragon has been invaluable. Her work led to an internship at a booking agency in Ann Arbor, Mich., where she’ll return for a full-time job after graduating in June.

“I’ve always loved turning my friends onto new music, which is why being a booking agent … seemed natural,” she said. “I feel like in my 3 1/2 years at Drexel, I’ve gotten 15 years of industry experience.”

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On the Net:

http://www.drexel.edu/maddragonrecords/

Rick Ross Rolls Snoop, Miley, Randy Jackson (E! Online)

David Jenison Wed Mar 19, 5:40 AM ET

Los Angeles (E! Online) - Rick Ross' Trilla proved to be a killer on the charts this week, thumping new releases from Snoop Dogg, Fat Joe, Miley Cyrus and American Idol's Randy Jackson, and the latest entries in the powerhouse Now That's What I Call Music franchise.

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The Sunshine State rapper nabbed his second number one album in as many tries as Trilla moved 198,000 copies for the week ended Sunday, per Nielsen SoundScan numbers.

At a time when hip-hop's focus was on Houston, Oakland and Atlanta, Ross' 2006 breakthrough single "Hustlin' " turned eyes back to the Miami scene. His rookie album, Port of Miami, followed with a No. 1 debut, making the 300-pound rapper one of the few to score consecutive chart-toppers right out the gate.

"We are thrilled to bring home this hard-fought number one for Rick Ross," said Island Def Jam Music Group chairman Antonio "LA" Reid in a statement. "I'm proud of the work, but more importantly, I'm proud to have Ross cemented among hip-hop's elite, where he belongs."

Trilla, leading at radio with "The Boss," is one of five Top 10 debuts this week.

Now That's What I Call Music! 27—featuring hits like Finger Eleven's "Paralyzer" and the Hot 100 chart-toppers "Kiss Kiss" by Chris Brown and "No One" by Alicia Keys—followed at No. 2 with 169,000 copies.

That is the lowest first-week sales figure for a regular Now! title since the inaugural U.S. installment sold 48,000 a decade ago. Now! 27 is also the second installment in a row to miss the top spot following chart-topping debuts for volumes 24 and 25. The next installment, Now! 28, is expected June 3.

Coincidentally, this is the second time Ross kept a Now! disc from number one. When Port of Miami debuted in '06, it dropped Now! 22 to the two spot.

Making it three for three on top, Snoop Dogg sold 137,000 copies of his ninth solo album, Ego Trippin', for a No. 3 bow. Though it was the rapper's highest chart position this side of Y2K, it was also his lowest first-week sales.

The album, featuring the hit single "Sensual Seduction," includes production by the Neptunes, DJ Quik, Teddy Riley and Everlast and guest vocals by Jamie Foxx, Charlie Wilson, Pharrell and others. Snoop's last album, 2006's The Blue Carpet Treatment, opened at five.

In what was a big week for rap, Fat Joe stampeded his way to No. 6, selling 46,000 copies of The Elephant in the Room. The album leads with the street single "The Crackhouse" and the radio single "I Won't Tell" with J. Holiday. Though 2006's Me, Myself & I opened at 14, it sold 14,000 more first-week copies.

The Disney cash-printing machine that is Hannah Montana took the 10 spot with the Best of Both Worlds Concert selling 34,000 copies. The double-disc set, which serves as a soundtrack to Miley Cyrus' recent digital 3-D concert film, is currently a Wal-Mart exclusive with a full retail release planned for tax day April 15.

Hoping to piggyback on Now! 27 sales, Now That's What I Call the 80s missed the Top 10 by a few hundred copies, settling for a No. 11 finish. The Reagan-era retrospective includes Survivor's "Eye of the Tiger," Wham!'s "Wake Me Up Before You Go Go," Rick Springfield's "Jessie's Girl" and Simple Minds' classic "Don't You Forget About Me."

Randy Jackson's Music Club, Vol. I, featuring Paula Abdul's "Dance Like There's No Tomorrow," debuted at 50 on 13,000 copies. The Jackson-produced song is Abdul's first new music in over a decade. The compilation also features a duet by Idol alums Katherine McPhee and Elliott Yamin.

Overall, album sales were up over 3 percent but still down nearly 7 percent compared to the same sales week last year.

Here's a rundown of the Top 10 albums:

1. Trilla, Rick Ross

2. Now That's What I Call Music! 27, various

3. Ego Trippin', Snoop Dogg

4. Sleep Through the Static, Jack Johnson

5. Good Time, Alan Jackson

6. The Elephant in the Room, Fat Joe

7. Little Voice, Sara Bareilles

8. Discipline, Janet Jackson

9. New AmErykah, Pt. One: 4th World War, Erykah Badu

10. The Best of Both Worlds Concert, Miley Cyrus

 

Van Dyke sings ‘Supercali … ‘ etc. (AP)

By MICHAEL CIDONI, Associated Press writer 29 minutes ago

LOS ANGELES - Dick Van Dyke may be 82, but he can still get 14 syllables into a single word.

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Van Dyke sang “Supercalifragilisticexpialidocious” on Monday night at the Geffen Playhouse during a tribute to actress Annette Bening and studio chief Robert A. Iger. The ceremony honored their efforts to support the arts — live theater in particular.

Van Dyke even recreated bit of the choreography from “Mary Poppins” with the current Broadway stars of “Poppins” and “Mermaid,” Ashley Brown and Sierra Boggess.

“The secret to keeping moving,” Van Dyke said, “is keeping moving.”

Not coincidentally, Julie Andrews served as co-chair of the tribute with Van Dyke, marking a “Poppins”-movie reunion on the arrivals line.

“It’s one of those friendships where we do see each other, occasionally,” said Andrews, 72. “Not as much as I like, but it’s as if we never said goodbye, and we never did say goodbye.”

While the spotlight was on three-time Oscar nominee Benning and Iger, president and CEO of The Walt Disney Company, the stage loomed larger than both of them — and it’s clear that’s just as the two preferred.

The star of such movies as “American Beauty” and the upcoming “The Women,” Bening, 49, told AP Television, “The non-profit theater is where I started. It’s where I saw my first play. I don’t know how many people out there were taken to the theater for the first time by their English teacher or their drama teacher, but that’s where I went, which is The Old Globe in San Diego. … So, for me, it’s where I started, and I feel so grateful.”

The Tony-nominated Bening won wide acclaim for her lead in “Hedda Gabler” at the Geffen in spring 1999. “I’d rather watch her on stage than anyone else,” noted Bening’s husband, actor Warren Beatty, 70. “And I’d rather watch her at home than on stage.”

Bening has been a longtime supporter of the Geffen, as well as a member of the California Arts Council. When Iger, 57, took over for Michael Eisner as Disney chief in 2005, he quickly made it clear that he shared his predecessor’s passion for theater. Disney now has five shows on Broadway, including the just-opened “The Little Mermaid” and the West End smash, “Mary Poppins.”

Other celeb attendees included Oscar-winner Anjelica Houston, who presented to her “The Grifters” costar Bening; Tony-winning director Julie Taymor (”The Lion King”), who presented to Iger, as well as producer Gil Cates, writer Bruce Vilanch, and actors Sharon Lawrence, Dana Delany, James Cromwell and Jane Lynch.

Met `Tristan’ interrupted again (AP)

11 minutes ago

NEW YORK - The Metropolitan Opera’s revival of Wagner’s “Tristan und Isolde” can’t make it through a performance without turmoil.

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For the second straight performance, the opera was interrupted in mid-act, this time because of scenery.

The part of the raked set Gary Lehman was stretched out on came loose at the start of the third act Tuesday night, and the tenor slid into the prompter’s box, Met spokesman Brent Ness said.

The opera was stopped while Lehman was examined by a doctor, who cleared him to continue. The performance then resumed.

Trouble with the six-performance run began when tenor Ben Heppner came down with a virus, canceling his first four performances. John Mac Master, his cover singer, replaced him in the March 10 opener and received mostly negative reviews, and Lehman made his Met debut last Friday opposite Deborah Voigt, who sang Isolde.

Voigt felt ill with a stomach ailment during the second act of Friday’s performance, which was stopped so she could be replaced by Janice Baird, her cover singer, who made her Met debut.

The Met has not announced a Tristan for Saturday’s matinee, which will be telecast in high-definition to theaters world-wide. The Web site of Roger Dean Smith said Tuesday that he will sing the performance.

Heppner hopes to return for the final two nights, on March 25 and 28.

___

On the Net:

http://www.metopera.org

Judge says Mills twisted the truth (AP)

By GREGORY KATZ, Associated Press Writer 11 minutes ago

LONDON - A judge’s ruling in the bitter Paul McCartney-Heather Mills divorce case shed new light Tuesday on a miserable marriage, saying Mills twisted the truth when convenient and made “exorbitant” financial demands.

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“To some extent she is her own worst enemy,” wrote Judge Hugh Bennett. “She has an explosive and volatile character.”

Mills, who lost part of her leg when she was hit by a motorcycle, cast McCartney as an abusive, alcoholic husband who cruelly made fun of her disability. But the judge made clear the angry assertions rang hollow.

In a devastating indictment, Bennett called Mills’ testimony “not just inconsistent and inaccurate, but also less than candid. Overall she was a less than impressive witness.”

By contrast, the judge praised McCartney, 65, for “consistent, accurate and honest” testimony in the ruling, made public after he rejected Mills’ attempt to block its release.

Calling Mills’ demand of $250 million from McCartney “exorbitant” in light of their four-year marriage, the judge said her claims may have been inflated because of her estranged husband’s stature.

“The wife … must have felt rather swept off her feet by a man as famous as the husband,” he wrote. “I think this may well have warped her perception, leading her to indulge in make-believe. The objective facts do not support her case.”

He said Mills, 40, had “unreasonably” expected that she would be able to live the deluxe McCartney lifestyle for the rest of her life even after she divorced the pop star.

“Although she strongly denied it, her case boils down to the syndrome of ‘me too’ or ‘if he has it, I want it, too,’” he wrote in awarding Mills $48.6 million.

Mills maintained she needed $6.4 million a year for herself and her daughter, Beatrice, as well as multi-million dollar properties in London and New York, and money for an office in Brighton, on England’s south coast.

Instead, the judge said Mills could get by on $1.2 million a year and one property, worth $5 million, in London.

The former model also sought millions of dollars in lost income, asserting McCartney had forced her to turn down numerous lucrative business opportunities. But Bennett rejected the claim, saying the former Beatle used his considerable prestige to actively promote his wife’s career, not quash it.

Mills claimed, for example, that McCartney made her turn down a $2 million offer to model bras for Marks & Spencer, the British retail chain. But the judge said there was no evidence to support the claim, which McCartney denied.

McCartney said the couple jointly decided it was not a good idea for Mills to model lingerie while they were having a relationship.

Bennett also said Mills greatly hurt her market value and potential earnings by attacking McCartney during two televised interviews last fall.

“To some extent she is her own worst enemy,” he wrote. “She has an explosive and volatile character.”

“She cannot have done herself any good in the eyes of potential purchasers of her services as a TV presenter, public speaker and a model, by her outbursts in her TV interviews,” he wrote.

The judge did not, however, punish Mills for reportedly dumping a glass of water on McCartney’s lawyer, Fiona Shackleton, in the final hours of the hearing Monday. Shackleton, who represented Prince Charles in his divorce from Princess Diana, emerged with wet hair from the hearing, and Mills joked she had been “baptized” in court.

Still, the ruling gave a sympathetic description of Mills’ childhood, describing how she left home when she was 15 and supported herself with various jobs, beginning work as a model at 17 and soon finding jobs as a television anchor.

The judge also recounted how McCartney, still grieving the loss of his first wife Linda, wore the wedding ring she gave him throughout the early years of his romance with Mills and only removed it when he married Mills.

The 58-page ruling offered an unprecedented public airing of McCartney’s finances — and showed just how far the former Beatle has come since his early days in Liverpool, when the band dreamed of someday scoring a top-10 hit.

McCartney has long been rumored to be pop’s first billionaire. Accounts unveiled Tuesday show him to be short of that goal, but still worth in the neighborhood of $800 million, with choice real estate holdings and an art collection of Picassos, Monets and other masters.

In classic British understatement, the judge described McCartney as someone who “composes, sings and plays musical instruments.”

He wrote how McCartney and his first wife, Linda, lived fairly modestly on Blossom Wood Farm in the village of Peasmarsh for many years and also had a property in London.

In the late 1990s, the judge said, the singer had properties in New York and on Long Island, as well as British properties in Rye, Somerset, Icklesham, Essex and Merseyside.

The judge said it was impossible to put a precise figure on McCartney’s vast financial empire, but said he believed it was worth about $800 million, far less than the $1.6 billion Mills claimed.

“There is absolutely no evidence at all to support that figure, or any figure anywhere near it,” he said.

Among McCartney’s holdings is real estate valued at about $68 million, bank accounts with more than $30 million, investments worth more than $68 million, and paintings, furniture, jewelry, horses and other assets valued at more than $64 million.

McCartney projected his net income for the year to be more than $10.6 million, the judge said.

In a statement to the court, McCartney said much of his current income comes from touring and that while his recent recordings have been well-received by critics, they have not been commercially successful.

He also said he does not have “day to day” control over many of his businesses, but is consulted on key decisions. He said the value of the music copyrights he holds has increased substantially, adding to his net worth.

He also said he wanted to keep all of his art collection because the works were collected before his marriage to Mills.

The court documents said Mills had an appraisal done of the collection that concluded it was worth $140 million, a valuation McCartney rejected. Mills also maintained McCartney gave her 30 of his paintings, an assertion he denied.

“I accept the husband’s evidence,” the judge said. “In my judgment he is entitled to have them back.”

Andy Williams getting Ella Award (AP)

47 minutes ago

LOS ANGELES - The Society of Singers has picked “Moon River” singer Andy Williams to receive its 17th Ella Award for singers whose musical accomplishments are equaled by their humanitarian efforts.

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The Ella Award, named after its first recipient Ella Fitzgerald, has gone previously to Frank Sinatra, Lena Horne, Tony Bennett, Placido Domingo, Elton John and others.

The 80-year-old Williams, who earned 18 gold and three platinum albums in his career and hosted a popular TV variety series in the 1960s, will be given the award during a May 19 gala at the Beverly Hilton Hotel.

“I’m tremendously honored to have my name placed alongside the previous winners,” Williams said.

The Society of Singers was founded in 1984. With help from sponsors, it offers emergency financial help for singers and awards scholarships.

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On The Net:

http://www.singers.org

Spears’ friend objects to commissioner (AP)

49 minutes ago

LOS ANGELES - Britney Spears’ friend Osama “Sam” Lutfi has filed papers objecting to the Superior Court commissioner assigned to the pop star’s conservatorship case.

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Lutfi filed the papers Friday, but was not present for a hearing Monday at which Commissioner Reva Goetz extended a temporary restraining order against him until April 16.

His one-sentence filing said: “Please take notice that Osama “Sam” Lutfi will not stipulate to the above-referenced case being heard by Reva Goetz, commissioner presiding, to whom the above-entitled case has been assigned.”

The document was signed and indicated Lutfi was representing himself.

Although the document was filed Friday, it did not reach the courtroom in time for Monday’s hearing, Superior Court spokesman Allan Parachini said Tuesday.

Parachini said Lutfi can appear in court on April 16 to ask for the case to be reassigned to a judge.

Commissioners perform many of the same duties as judges, but all parties have to agree to a commissioner hearing a case.

Michael Sands, a spokesman for Lutfi, said during the weekend that Lutfi agreed to abide by the terms of the restraining order for another month.

The order directs Lutfi to stay at least 250 yards away from the pop star and her homes.

The order was requested by Spears’ mother, Lynne, when Spears was hospitalized on a psychiatric hold at UCLA Medical Center.