Published on Cleveland Leader (http://www.clevelandleader.com)

 

American Idol Looking to Stop Former Contestant From Releasing Album

By Julie

Created 10/30/2008 - 1:15pm

 

Josiah Leming, 19, is a homeless singer who's mother is dying of cancer. He

was a contestant on last season's American Idol, but didn't make the show's

top 24 cut and still managed to record an album and get a record deal with

another label. But now, the show's producer, Simon Fuller's 19

Entertainment, is threatening legal action and is attempting to block him

from releasing the album due to a contract Leming signed.

 

All American Idol contestants are required to sign strict contracts with

Fuller, in which they promise to record only with the label chosen by the

show, Sony/BMG. Fuller's company also retains exclusive right of refusal

for management and merchandising.

 

When the show began in 2002, only finalists had to sign the contract. Now

it's mandatory for all contestants.

 

A rep for Leming said:

 

"Josiah was the only 'Idol' contestant ever to get a record deal who didn't

make the top 24, and one of only four contestants to get a deal this year.

He has personal reasons for getting his music out, threat or not."

 

His rep says that he is now in a race against time. " His mother has

terminal cancer, and nothing is going to stop him from getting his music

out while she is alive to share it. His album on Warner Records will be

released in late January '09," he said.

 

A lawyer for Lemming, who grew up in Tennessee, sent a letter off to

American Idol producers, but hasn't yet heard back. ur calls or e-mails.

 

Some of Josiah Lemmings songs are available to listen at his MySpace page:

http://www.myspace.com/josiahleming.

:manson:

 

This is why the world music scene would be so much better of if the ghastly phenomenon of Reality Talent shows disappeared down the gutter where they belong.

:manson:

 

This is why the world music scene would be so much better of if the ghastly phenomenon of Reality Talent shows disappeared down the gutter where they belong.

 

But then some talent would be missed. Look at Leona, Kelly Clarkson, Carrie Underwood, David Cook and Daughtry.

 

Yes talentless morons such as Beyonce, Britney Spears, Westlife, Mcfly and most of the Hip Hop acts would completely dominate.

 

A contract is a contract, the only reason this has got any publicity at all is because of his mum

 

Fuller is right to stand his ground over this, if one artist is exempted then contracts are not worth the paper they are printed on nd it becomes a free for all, this guy knew the rules when he put pen to paper

A contract is a contract, the only reason this has got any publicity at all is because of his mum

 

Fuller is right to stand his ground over this, if one artist is exempted then contracts are not worth the paper they are printed on nd it becomes a free for all, this guy knew the rules when he put pen to paper

 

so because he enters a talent show he's never allowed to record with any other label - what a load of $h!te!!!!! simon fuller should be ashamed!

so because he enters a talent show he's never allowed to record with any other label - what a load of $h!te!!!!! simon fuller should be ashamed!

 

If it is in the contract he signed then yeah, simple solution is not to sign the contract and not go on the show, it is no use signing a contract and then later not liking the terms of it, whether Fuller should have such tight contracts is another matter but while he does then he is in the right here

But then some talent would be missed. Look at Leona, Kelly Clarkson, Carrie Underwood, David Cook and Daughtry.

 

Yes talentless morons such as Beyonce, Britney Spears, Westlife, Mcfly and most of the Hip Hop acts would completely dominate.

Yeah people would get record deals based on their talent and would sell records based on their MUSIC, OUTRAGEOUS :o

 

If they were that good they wouldn't need reality shows to get noticed. -_- What's wrong with Hip-Hop acts? Should music all be one sided and be pop acts stuck in 1998 like most of the reality acts are?

Okay, let me get this straight. If I were to audition for American Idol and I signed this contract but I didn't get into the top-24, I can't release an album unless I'm offered it by Song/BMG? What a load of bull$h!t. :o I wouldn't sign that!

 

How long does this contract last for?

Well that sounds rather stupid and unfair doesn't it. He didn't even make the live shows so why does it matter to Fuller if he releases an album.

exactly! very unfair contract. he should be ashamed.

That is one bad contract, does this last forever!!

That is one bad contract, does this last forever!!

 

Effectively Yes:

 

By signing this contract he has essentially given over rights to his ownership of his music & image forever.

 

So well done to Simon Fuller & 19 Management. :manson: Although B.A. Baracus thinks this is perfectly fair. :rolleyes:

 

 

I have to give credit to Simon Cowell (& my goodness I've given him a verbal kicking whenever I can because as Sir Paul McCartney correctly describes him as "Musical Cancer" & his X-Factor shows..) even he does not rip off acts that bad.

 

In X-Factor & Britain's Got Talent: Syco owns the contestants for a 9 month period after the end of the series; but will allow the act to subsequently sign for an alternate record label after that period has lapsed (like the opera singing girl who made the 2008 BGT Final who was much better than that boy opera singer with a sob story who finished 3rd has just done this week to Universal Records) on the provisal that Syco receives a 20% share on all future royalty earnings for the next 18 years.

Effectively Yes:

 

By signing this contract he has essentially given over rights to his ownership of his music & image forever.

 

So well done to Simon Fuller & 19 Management. :manson: Although B.A. Baracus thinks this is perfectly fair. :rolleyes:

I have to give credit to Simon Cowell (& my goodness I've given him a verbal kicking whenever I can because as Sir Paul McCartney correctly describes him as "Musical Cancer" & his X-Factor shows..) even he does not rip off acts that bad.

 

In X-Factor & Britain's Got Talent: Syco owns the contestants for a 9 month period after the end of the series; but will allow the act to subsequently sign for an alternate record label after that period has lapsed (like the opera singing girl who made the 2008 BGT Final who was much better than that boy opera singer with a sob story who finished 3rd has just done this week to Universal Records) on the provisal that Syco receives a 20% share on all future royalty earnings for the next 18 years.

 

I didn't say it was fair I said that contracts have to be honoured, business is business, I have not seen the contract so can't comment on its fairness but as someone who is in business contracts have to be adhered to, if my clients decided not to honour my contracts I would be in a soup kitchen so I am merely upholding the importance of honouring contracts not commenting on the fairness or lack of fairness of the contract itself

I didn't say it was fair I said that contracts have to be honoured, business is business, I have not seen the contract so can't comment on its fairness but as someone who is in business contracts have to be adhered to, if my clients decided not to honour my contracts I would be in a soup kitchen so I am merely upholding the importance of honouring contracts not commenting on the fairness or lack of fairness of the contract itself

 

So you seriously expect a teenager to read through and understand a 85 page document containing over 50,000 words.

So you seriously expect a teenager to read through and understand a 85 page document containing over 50,000 words.

 

Any contestant would or at least should get a contract read thoroughly by a lawyer not just blindly sign it, if not then Fuller could put in "the artist hereby gives 19 Management LLC 100% of all future earnings" for example, everyone who has any sort of contract in life should read it thoroughly or get a lawyer to

Edited December 10, 200816 yr by B.A Baracus

I'd go all the way. Release the album and see how Fuller really reacts. If he was to bring it to court, it would be extremelly publiscised by the media and would only be bad publicity for the money-making-monster that is Reality Television.

If I was a contestant, however, I would refuse to sign in the first place until the clause was watered down or written out alltogether...

Always read the small print!

Any contestant would or at least should get a contract read thoroughly by a lawyer not just blindly sign it, if not then Fuller could put in "the artist hereby gives 19 Management LLC 100% of all future earnings" for example, everyone who has any sort of contract in life should read it thoroughly or get a lawyer to

 

Craig, come on, it's a totally unfair contract which is completely one-sided... And I think several of the posters are spot on, an 85 page document is not gonna be read by the average contestant, and I would imagine Fuller's company doing pretty much everything they could in order to "gently" dissuade people from getting lawyers to "fine tooth comb" it....

 

Here's hoping all the negative publicity surrounding this finally puts the nail in the coffin for reality Talent shows though....

 

Only just come across this...

 

This story is shocking and worrying. It's unbelievable that a contract of that nature can be legal. It's taking the words "monopoly" and "exploitation" to a whole new level.