Regarding the alleged “long-lost first ever studio recording” of Michael Jackson with the Jackson 5, the Michael Jackson Estate has threatened legal action, claiming that it breaches the Estate’s rights and may result in litigation.
The Michael Jackson estate has responded with a letter following the recently publicized digital sale of an early Jackson 5 recording—which purportedly includes Michael Jackson’s first-ever studio sessions—by the Swedish business anotherblock. The letter, which was obtained by Digital Music News on Tuesday, December 12th, makes multiple threats on matters that could potentially “expose (anotherblock) to liability to the Jackson Estate.”
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According to anotherblock, the 1967 version of the song “Big Boy” is the first time Michael Jackson’s voice was captured in a studio. However, Jonathan Steinsapir, an attorney for the Jackson Estate, raises several objections to anotherblock’s claims and the digital sale of the tape that may result in legal action.
The letter claims that “any use of Michael’s name, image, and likeness in marketing, advertising, or in the product itself violates the Jackson Estate’s rights,” since the Estate owns all rights to Jackson’s name, likeness, and trademarks.
Claims that the recording was Jackson’s “first-ever” studio recording were also contested by Steinsapir.
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“There is no proof that the previously unheard recordings you are releasing are actually the first time Michael Jackson’s “voice was put on tape” or even that he recorded in a studio at all,” claims Steinsapir. “There is strong evidence to suggest that Michael Jackson has recorded in studios before. You are probably misleading the public as a result.
Anotherblock revealed this week that, in collaboration with Michael Jackson’s mother and a business named Recordpool, which is purported to hold the recording’s intellectual property rights, it will be releasing the song digitally for the first time.
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However, it is made plain in the Estate’s attorneys’ letter that any agreements anotherblock makes to help with the sale might be void if they infringe upon rights that the Estate controls.
The letter goes on, “We have serious doubts that Michael would have ever wanted these recordings released and commercialized.” “You are not honoring Michael Jackson at all with what you are doing.”
The letter ends with a caution that the Estate retains all “rights and remedies,” including the ability to pursue an injunction to stop further sales and seek monetary damages.
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