Michael Jackson estate, Sony settle ‘imposter’ vocalist lawsuit with removal from album

Michael Jackson lawsuit overview:

• Who: Michael Jackson’s estate and Sony Music agreed to settle a lawsuit challenging their marketing of a posthumous album that allegedly featured an “imposter” singer.
• Why: The defendants agreed to remove the three challenged tracks from the album to “move beyond the conversation” associated with them.
• Where: The Michael Jackson lawsuit was heard by the California Supreme Court.

The Michael Jackson estate and Sony Music agreed to settle a lawsuit alleging they marketed an album as a posthumous release by the famed singer even though the performer was actually an “imposter” vocalist.

Plaintiff Vera Serova alleged a singer who sounded like Michael Jackson had actually recorded vocals on three tracks on “Michael,” an album released in 2010. The defendants touted the songs as authentic even though an “imposter” vocalist recorded them, allegedly violating consumer protection laws, Serova argued in the Michael Jackson lawsuit.

The late singer’s estate and Sony have agreed to remove the three “imposter” tracks: “Breaking News,” “Monster” and “Keep Your Head Up.” The defendants told Law360 they are taking this step because it is “the simplest and best way to move beyond the conversation associated with these tracks once and for all.”

Lawsuit says audio expert determined Michael Jackson did not sing songs 

Serova filed the Michael Jackson lawsuit in 2014 after an audio expert she hired analyzed the songs and found Jackson did not sing them.

Production company Angelikson Productions LLC allegedly lied to Sony that Michael Jackson sang the three tracks at issue, according to the Michael Jackson lawsuit. Prior to the album’s release, Michael Jackson’s family allegedly disputed that the pop icon sang those three tracks.

Sony and Michael Jackson’s estate subsequently issued public statements about the tracks’ purported authenticity.

In 2016, a Los Angeles Superior Court judge denied the defendants’ motion to dismiss the Michael Jackson lawsuit. An appeals court reversed the order in 2018, finding that the First Amendment protected the defendants’ claim that they believed Michael Jackson sang all of the tracks. The court found the defendants’ statements about the authenticity of the tracks reflected a statement of opinion rather than fact.

Serova appealed to the California Supreme Court, but the parties reportedly reached a settlement before the court released its opinion.

Did you purchase the “Michael” album? What do you think about the allegations that an “imposter” vocalist performed three of the tracks?

Serova is represented by Jeremy F. Bollinger, Ari E. Moss and Dennis F. Moss of Moss Bollinger LLP.

The Michael Jackson lawsuit is Vera Serova v. Sony Music Entertainment, et al., Case No. S260736, in the Supreme Court of California.

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