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M O R E N E W S F R O M
• Pop/Rock
• Breaking Benjamin
• Games
Band sees no basis for lawsuit
The drummer was fired justly and was properly paid, says Breaking Benjamin’s manager.
By KEVIN AMERMAN kamerman@leader.net
The manager of a local platinum-selling band says the group’s former drummer was booted out of the band because of “chemistry” issues and says the ex-band member has been paid every penny of what he’s owed for songs that he contributed to.
Jeremy Hummel of Selinsgrove filed a lawsuit in federal court in Scranton this week against the members of his former band, Breaking Benjamin, saying they unjustly kicked him out of the group and have gobbled up profits from songs that he helped create. The lawsuit says the firing also prevents him from future earnings with the band and lists 11 counts against the group, with each count asking for $750,000 in damages.
“It is totally frivolous,” said the band’s manager, Larry Mazer of Entertainment Services Unlimited, who is named in the suit as well as band members Benjamin Burnley of Wilkes-Barre, Aaron Fincke of Drums and Mark Klepaski of Mountain Top.
Hummel says in March 2004, he asked the group if he could eventually go on paternity leave for four to six weeks to be with his wife for the birth of their first child. All band members agreed to allow the time off and Hummel continued to play with the band until it hired a substitute drummer to take Hummel’s place during the break, according to the lawsuit. In September 2004, Burnley called Hummel, who was still on paternity leave, and told him he was being dropped from the band, the lawsuit says.
“It had nothing to do with the paternity leave,” Mazer said. “(Burnley) thought the chemistry wasn’t there and wasn’t comfortable going on with Jeremy in the band. This is not like working for IBM or some corporation.”
Hummel could not be reached for comment on Wednesday.
The lead singer and drummer had “a difference of opinion” on various aspects of the band, said Mazer, who added that the two have known each other for several years.
“People who are married for 23 years get divorces,” he said.
Mazer said Hummel wants money from the band’s next album, which “he had nothing to do with” and said the former drummer still gets checks for songs that he contributed to.
“He’s 100 percent current,” Mazer said. “As recently as 10 days ago we sent him a check.”
The lawsuit, filed by Thomas P. Heeney Jr. of Pipersville, says Hummel doesn’t get any profits from two songs that were released on the soundtrack for the video game “Halo 2” and on the soundtrack for the movie “National Treasure.”
But Mazer said there are no profits from the song that’s on the soundtrack for the video game. He says the band wanted to get their music on the popular video game for promotional reasons and never got paid for it. He said the band was paid about $3,000 to be on the “National Treasure” soundtrack and said Hummel’s portion of that profit is in the check that was sent to Hummel 10 days ago.
The band shipped more than 1 million copies of its sophomore CD, “We Are Not Alone” this summer. Two of the band’s songs have reached No. 1 on the rock charts.
The suit claims that Hummel and Burnley formed the band under the name “Plan 9” in 1999 and decided to change the name to Breaking Benjamin in 2000, but Mazer said Burnley started a version of Breaking Benjamin without Hummel before Plan 9 was formed. Mazer said the first Breaking Benjamin dissolved and Burnley played solo before forming Plan 9 with Hummel, then changing the name back to Breaking Benjamin.
Kevin Amerman, a Times Leader staff writer.
• Pop/Rock
• Breaking Benjamin
• Games
Band sees no basis for lawsuit
The drummer was fired justly and was properly paid, says Breaking Benjamin’s manager.
By KEVIN AMERMAN kamerman@leader.net
The manager of a local platinum-selling band says the group’s former drummer was booted out of the band because of “chemistry” issues and says the ex-band member has been paid every penny of what he’s owed for songs that he contributed to.
Jeremy Hummel of Selinsgrove filed a lawsuit in federal court in Scranton this week against the members of his former band, Breaking Benjamin, saying they unjustly kicked him out of the group and have gobbled up profits from songs that he helped create. The lawsuit says the firing also prevents him from future earnings with the band and lists 11 counts against the group, with each count asking for $750,000 in damages.
“It is totally frivolous,” said the band’s manager, Larry Mazer of Entertainment Services Unlimited, who is named in the suit as well as band members Benjamin Burnley of Wilkes-Barre, Aaron Fincke of Drums and Mark Klepaski of Mountain Top.
Hummel says in March 2004, he asked the group if he could eventually go on paternity leave for four to six weeks to be with his wife for the birth of their first child. All band members agreed to allow the time off and Hummel continued to play with the band until it hired a substitute drummer to take Hummel’s place during the break, according to the lawsuit. In September 2004, Burnley called Hummel, who was still on paternity leave, and told him he was being dropped from the band, the lawsuit says.
“It had nothing to do with the paternity leave,” Mazer said. “(Burnley) thought the chemistry wasn’t there and wasn’t comfortable going on with Jeremy in the band. This is not like working for IBM or some corporation.”
Hummel could not be reached for comment on Wednesday.
The lead singer and drummer had “a difference of opinion” on various aspects of the band, said Mazer, who added that the two have known each other for several years.
“People who are married for 23 years get divorces,” he said.
Mazer said Hummel wants money from the band’s next album, which “he had nothing to do with” and said the former drummer still gets checks for songs that he contributed to.
“He’s 100 percent current,” Mazer said. “As recently as 10 days ago we sent him a check.”
The lawsuit, filed by Thomas P. Heeney Jr. of Pipersville, says Hummel doesn’t get any profits from two songs that were released on the soundtrack for the video game “Halo 2” and on the soundtrack for the movie “National Treasure.”
But Mazer said there are no profits from the song that’s on the soundtrack for the video game. He says the band wanted to get their music on the popular video game for promotional reasons and never got paid for it. He said the band was paid about $3,000 to be on the “National Treasure” soundtrack and said Hummel’s portion of that profit is in the check that was sent to Hummel 10 days ago.
The band shipped more than 1 million copies of its sophomore CD, “We Are Not Alone” this summer. Two of the band’s songs have reached No. 1 on the rock charts.
The suit claims that Hummel and Burnley formed the band under the name “Plan 9” in 1999 and decided to change the name to Breaking Benjamin in 2000, but Mazer said Burnley started a version of Breaking Benjamin without Hummel before Plan 9 was formed. Mazer said the first Breaking Benjamin dissolved and Burnley played solo before forming Plan 9 with Hummel, then changing the name back to Breaking Benjamin.
Kevin Amerman, a Times Leader staff writer.