Ex-drummer David Silveria countersues Korn

First Post March 24, 2019 09:12 AM

Here's some information I stole from The Blast:

Ex-KORN drummer David Silveria has countersued the group, claiming his former bandmates owe him almost a million dollars. 

The 46-year-old musician, who left KORN in late 2006, sued his former bandmates in February 2015, claiming that his exit from the group was merely a hiatus and that he was rebuffed when he tried to return to the band in 2013. Silveria said he still had ownership interest in KORN and asked a judge to force the band to reveal how much money they've made since he left so that he can get his rightful share. KORN countersued and the two sides reached an agreement in 2016 that called for Silveria to give up his rights to KORN royalties going forward in exchange for a lump sum. 

But Silveria now claims his 2016 agreement with KORN "omitted any reference to the 2003 agreement between the partnership and SoundExchange," which administers royalties from non-interactive streaming recordings. "The Settlement Agreement was also silent on the issue of how SoundExchange royalties were to be apportioned." 

KORN sued Silveria last month, claiming that he contacted SoundExchange in July 2018 saying he was entitled to his cut. The band said they informed Silveria that this was in direct violation of the settlement agreement he reached and to withdraw his claim to SoundExchange. Silveria apparently did not do so, causing SoundExchange to place a hold on all payouts related to KORN.   

In his countersuit, Silveria claims he was unaware the band had been receiving money from SoundExchange since 2003 and alleges KORN's deal with SoundExchange was entered into without his knowledge. He claims the band concealed the deal and the payments from him and now he is after what he believes he is owed. 

He is suing for breach of contract, among other things, and is asking for damages in excess of $750,000.