Katarina Benzova sues Fernando and GN'R for copyright infringement

She also accuses Fernando of sexual harassment

https://assets.law360news.com/1765000/1765929/https-ecf-cacd-uscourts-gov-doc1-031141212137.pdf

Explosive stuff. I tend to think in such matter, although guilty until proven otherwise, that there is no smoke without fire. People don't come up with such detailed accusations if there isn't some truth to it.

Rolling Stone article:
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Guns N’ Roses Face Copyright Infringement Suit, Manager Accused of Sexual Harassment

Photographer Katarina Benzova accused the band's rep, Fernando Lebeis, of making "numerous unwelcome sexual advances" towards her

By Jon Blistein

Guns N’ Roses and its management team are facing a new lawsuit filed by photographer Katarina Benzova, filled with allegations of copyright infringement and workplace sexual harassment.

Benzova’s suit argues that GnR and its management company, Team Brazil, “falsely claim[ed] ownership” over a number of her photographs, leading to “widespread” infringement and unauthorized uses in print and digital media, ad campaigns, and other outlets.

Benzova also claims that GnR’s manager, Fernando Lebeis, made “numerous unwelcome sexual advances” toward her. The suit alleges he committed “consistent pervasive sexual harassment” in a “workplace environment that was completely devoid of any sexual harassment policy, sexual harassment handbook, sexual harassment training, and human resource department.”

The lawsuit comes several weeks after Guns N’ Roses filed its own suit against Benzova, claiming she “improperly registered” her photos of the band with the Copyright Office and has “falsely alleged copyright infringement against various persons and entities.” The band is seeking a declaration that Benzova’s registrations are “invalid” and that she has “no ownership interest in the copyright to the subject photographs and videos.”

In a statement shared with Rolling Stone, Guns N’ Roses said, “Ms. Benzova was initially contracted to provide tour photography services for Guns N’ Roses in 2010. She worked with the band for 12 years and was paid and treated extraordinarily well. It was only after her services were discontinued in 2022 that she attempted to claim ownership in photos, which her contract clearly states are owned by the band. The band takes these types of claims very seriously, however, all evidence establishes these accusations are categorically and unequivocally false. This response from her comes after the band initiated suit against Ms. Benzova for falsely asserting ownership in the photos of the band.”

According to Benzova’s suit, she regularly worked for Guns N’ Roses as a freelancer for 12 years, shooting “364 shows or 30 ‘legs’” of the band’s tours between 2010 and 2022. During that time, she largely worked without a formal contract and only had a formal contract for about 18 weeks.

Benzova claims that during the “uncontracted period,” she was the sole owner of her photographs and has secured 180 Copyright registrations for her work. She acknowledged that, during the “contract period,” she “need not authorize and approve” any commercialization of her photos because they were “a work for hire” under the terms of the contract.

But, according to Benzova, during the uncontracted period, Guns N’ Roses and Team Brazil “commercialized at least 145” of her photographs “without her authorization, permission, and against her consent and objectively manifested intent.” She said those photos were reproduced, displayed publicly, and used to create advertisements.

She also said the defendants “falsely claim[ed] ownership” over her works, leading to “widespread third-party infringement and the unauthorized use of Benzova’s photographs” in various media outlets, ad campaigns, museums, exhibits, websites, DVDs, CDs, and “even as a draw for an expensive and exclusive subscription service.”

In addition to those 145 photographs, Benzova claims there are at least 10 (and possibly more) photographs that have been infringed upon since April 2020. She’s also seeking a court order “declaring her the sole owner” of all the photographs she took since 2010 when she wasn’t working under a written contract with GnR.

Benzova’s suit goes on to claim that it was “the habit and routine practice” of GnR and Team Brazil “to infringe upon” her copyrights and those of others. She said Lebeis once “admitted to disrespecting and infringing upon” her copyrights in regards to a calendar “where she was not given credit.”

She also claims that during a Nov. 2016 dispute, Lebeis admitted to “knowingly and intentionally infringing upon” her copyrights, “stating that he knew but was too lazy to give her credit.” Furthermore, Lebeis allegedly once told Benzova, “she didn’t need credit because everyone already knew that she was the photographer of Guns N’ Roses.”

Additionally, Benzova claimed Lebeis would “lie in regards to ownership of the photographs” in an alleged effort to “confuse and belittle Benzova into believing that she did not have the right or power or control over her own photographs.” Benzova claimed that whenever she tried to confront Lebeis about this issue, he would “habitually stonewall,” “gaslight,” or “psychologically manipulate” her to “make her believe she was not the owner” of the photographs.

In contrast, GnR’s suit against Benzova alleged that in 2010, Benzova signed a “written engagement agreement” declaring that one of the band’s touring affiliates, Waterhead, would own the rights to her work. The band claimed the terms of that agreement were “extended by a fully executed oral modification” as Benzova continued to work with GnR over the years.

Furthermore, GnR claimed that Benzova signed new “Crew Member Employment Memorandums” in 2016 and 2021. Those allegedly stipulated the copyrights to her work would be owned by another GnR touring affiliate, Gundam Productions.

As for Benzova’s sexual harassment claims, she says GnR’s manager, Lebeis, “repeatedly and consistently” sexually harassed her. The first alleged instance of a “physical unwelcome sexual advance” came in 2016, with Lebeis “forcing himself onto Ms. Benzova, trying to force her to kiss him.”

After Benzova rejected Lebeis, she claims he proceeded to exhibit “hostility and aggression” towards her in alternately subtle or “overt and gross” ways. For instance, she accused Lebeis of saying “he loved her on more than 500 instances,” as well as sending her lewd or graphic text messages, including one “smutty image depicting cunnilingus” and another video “suggestive of bestiality.”

Benzova also accused Lebeis of once trying to force his way into her hotel room after she rejected his requests to drink wine with him at 6 a.m. In another alleged incident from May 2018, Benzova claimed Lebeis tried to force himself on her and “continued to pressure Benzova to succumb to his sexual demands for 10 minutes — physically touching her, coercing her, continually trying to force himself onto Benzova in a dark alley outside of her house.”

Benzova said this incident was the last time — outside a few cigarette breaks — she was alone with Lebeiz. “Benzova made a conscious effort not to be alone with Lebeis because his severe and pervasive sexual harassment made her feel unsafe,” the suit states.

As a result of Benzova’s rejections, according to the suit, Lebeis allegedly set out to “prove his dominance” over her “through other means.” He allegedly lowered Benzova’s compensation, withheld money owed to her, “demoted” her to cheaper hotels (including one time when she had Covid-19), demanded she pay for flights Team Brazil had allegedly already agreed to pay for, and intentionally withheld photo credits.

https://www.rollingstone.com/music/music-news/guns-n-roses-manager-sued-sexual-harassment-copyright-claims-1234877430

GN'R (touring entities)'s original lawsuit document, filed October 24, 2023 (attached documents):

I wonder how the sophisticated party, international renowned rock band composed of Axl Rose, Slash, and Duff McKagan will stand on this

Blackstar wrote:She also accuses Fernando of sexual harassment

https://assets.law360news.com/1765000/1765929/https-ecf-cacd-uscourts-gov-doc1-031141212137.pdf

This below is copied from the "action" or "case". The bold excerpts have been highlighted by me

160. In addition to admitting his own willful intentional infringement,
Lebeis, in 2022, writes to Benzova that Guns N’ Roses, his principal, has
knowledge of such activity.

161. Such knowledge is buttressed by the fact that Lebeis’s principal Axl
Rose has a pattern of behavior whereby he falsely claims ownership of
photographs of himself in order an attempt to have absolute control over how he is
perceived in the media.

162. Evidence of such behavior has been documented by a public data base
named, Lumen, where in 2016 Rose/Team Brazil hired a third party to try and take
down photos of himself where he appeared overweight.

163. Upon information and belief, which Plaintiff thereon alleges, the
“plan” Lebeis refers to is Axl Roses plan to absolutely control his image on the
internet in response to a 2016 controversy whereby embarrassing pictures of Rose
was published. Rose then claimed to be author of the photographs to control
distribution. However he was not the author and owner of such photographs.

I doubt the band can continue with Fernando as the manager. Even if dismissed or settled, the accusations will hang over him, and the band. I would think other band members would also demand that he is removed, unless they are confident Kat is lying about everything.

The problem is, if Fernando is removed as manager, what happens to the band then? The band will need a new manager and Axl will possibly not accept just anyone. Could Vanessa step up? Or Beta? I doubt it. Could Axl then just give it all up and retire? Or will he be okay with a new outside manager coming in? Or will he insist on Fernando staying on despite the accusations?

Soulmonster wrote:I doubt the band can continue with Fernando as the manager. Even if dismissed or settled, the accusations will hang over him, and the band. I would think other band members would also demand that he is removed, unless they are confident Kat is lying about everything.

The problem is, if Fernando is removed as manager, what happens to the band then? The band will need a new manager and Axl will possibly not accept just anyone. Could Vanessa step up? Or Beta? I doubt it. Could Axl then just give it all up and retire? Or will he be okay with a new outside manager coming in? Or will he insist on Fernando staying on despite the accusations?

I believe that Axl Rose will keep the accused manager as his band's manager and will support him all the way through whatever court mess there is in the future

I believe that eventually we will hear that this case was settled out of court

I don't see Slash and Duff demanding anything. It appears that they have compromised immensely to be able to do the this-is-not-gonna-end-in-this-lifetime, fake-reunion tour and, apparently, they were not even able to demand a drummer for said tour

More specifically: I don't see Slash and Duff demanding anything that may ruin the mood of W. Axl Rose. I don't see they demanding anything that may cause any peril to their business in the most lucrative band in the world

My best guess is that the only chance that the accused manager will be removed is if the accusation gets huge attention from mainstream media and/or (anti) social media, which doesn't seem to be the case so far

It doesn't look like Katarina has any incriminating evidence for the sexual harassment accusation -- like audios, videos or witnesses -- does she? So it is basically her word against the accused manager words. It is hard for a case like that to get any traction, isn't it?

What happens to the band if the accused manager is removed? I believe that nothing changes. The band will hire a new manager in no time. W. Axl Rose will likely choose ANYONE that is able to keep the ball rolling. It appears that they are working with seasoned pros, top industry people on the not-ending-in-this-lifetime tour, so it should be easy for W. Axl Rose to pick someone. I remember a guy named Opie from some videos, that guy looked like a pro

Axl has kinda given it all up a long time ago, hasn't he? He has kinda retired from the business he was in when he began, hasn't he? He hasn't really been creating anything for a long, long time, am I wrong? The way I see Axl and is doing the most lucrative residence ever -- except for the fact that this "residence" doesn't take place in Vegas, but all over the World.

I am very much convinced that the sophisticated party, international renowned rock band composed of W. Axl Rose, Slash, and Duff McKagan will continue until the very last possible minute, with whatever manager and whatever hired musicians they can find.

I would love to be proven wrong about all of this. I hope I am wrong about all this

I would love to see the guy fired by Axl if proven guilty

And I would really love to have Axl on a creative roll again, writing, recording, releasing and performing songs that he feels like writing, recording, releasing and performing, with whatever people he chooses to do it with

Specially if he chooses to do Guns n' Roses music with Izzy, Slash, Duff and a proper drummer

So far, Axl & Co. have not commented on this (as far as I can see), which is a wise decision and I hope they'll stick with it.

Blackstar wrote:Rolling Stone article:
The lawsuit comes several weeks after Guns N’ Roses filed its own suit against Benzova...

Well I think that's telling a lot here. Things obviously turned "sour" at some point. So hers is rather like "a countersuit"?

Watched this. Really interesting and informative.

Update on this case:

It looks like the two lawsuits (GN'R Gundam entities Vs. Kat and Kat Vs. Fernando/TB/GN'R/Gundam entities) are being joined. The two parties will answer if they agree to it this week.

The GN'R/Gundam entities have filed a motion to dismiss all parts of Kat's lawsuit that concern them except the main copyright infringement part (on which they sued Kat before she sued them). Their argument regarding the sexual harassment claims is that they are unrelated to the copyright infringement claims and thus the federal court (where the lawsuit has been filed) doesn't have "supplemental jurisdiction", as the sexual harassment claims rely on California state law and not on federal law. The hearing for the motion will be held in January. Although the motion has been filed only on behalf of GN'R/Gundam and not Fernando (who has not been served yet), if it's granted by the court it will most likely mean that the sexual harassment parts will be dismissed for him, too.



Below are:

1) Document with exhibits attached in Kat's lawsuit. The exhibits include: her copyright registrations of pictures (dated from July to November 2022 and certified in January 2023); complaint about sexual harassment filed with the Civil Rights Department of California and related correspondence (dated January 2023); her last written contract with GN'R in 2021.

2) Gundam's motion to dismiss Kat's lawsuit.

I don't see any issue with Kat's contract. It is pretty clear on ownership of the work she created while being on contract with GN'R.

Update:

Kat's attorney filed an opposition to GN'R/Gundam's motion to dismiss (see attached). On the same day, Team Brazil filed their own separate motion to dismiss (GN'R/Gundam and Team Brazil are represented by different attorneys from the same law firm).



However, the two lawsuits (Kat's lawsuit and GN'R/Gundam's lawsuit against her) have now been "consolidated" (joined together) by court order after both parties agreed to it, so both motions to dismiss have been denied as "moot" and the case is basically starting over with all filings from now on taking place in the GN'R/Gundam Vs. Kat lawsuit (because GN'R/Gundam sued first).

Oh, what a mess.

Soulmonster wrote:Oh, what a mess.

Seems like typical lawyer/court thing to me... Nothing too unusual.

Uli wrote:

Soulmonster wrote:Oh, what a mess.

Seems like typical lawyer/court thing to me... Nothing too unusual.

You're right. The whole thing is just a mess.

New update:

Kat refiled her complaint (lawsuit) as a "consolidated complaint" on January 5.

Yesterday, both parties (Kat and GN'R/Gundam/Team Brazil) filed motions to dismiss each other's lawsuits.

Update (see attached documents):

Kat's attorney filed an opposition to GN'R/Gundam's motion to dismiss parts of her lawsuit. GN'R/Gundam responded to Kat's dismiss motion by filing an amended complaint and as a result that Kat's motion to dismiss GN'R/Gundam's lawsuit was denied by the court as "moot".  It looks like both parties' motions have been denied, but it could be a typo, because GN'R/Gundam replied to Kat's opposition yesterday. (Edit to update: GN'R's motion has indeed been denied as well - the judge has probably lost his patience with the motions and wants the case to move on).

Also yesterday, both parties submitted a joint summary of the case and a proposed schedule (required by the court) for the next stages of the case, according to which the "discovery" stage (pre-trial depositions from witnesses and retrieval of documents) is estimated to last about a year (until February) and the trial (if there is one) to take place in May 2025. The main witnesses both parties have agreed to are Kat, Fernando, Bernie Githuly (the business manager in GN'R entities), and unidentified agents and employees. Kat wants the members of GN'R to testify, too. It is also stated in the document that the parties have not discussed a settlement.

Another update:

This case is really a mess. I'm not sure I fully understand what the new developments mean.

First, a summary of what happened until February 27th:
In July-November 2022, Kat registered a few of her pictures with the U.S. Copyright Office, and in January 2023, she filed a complaint for sexual harassment and employment discrimination with the Civil Rights Department of California, obtaining a right to sue. In April 2023, she tried to file a lawsuit against GN'R, Gundam (the GN'R touring entity) and Team Brazil, but there was a mistake in the filing (probably from her attorney), so it was unsuccessful.
In October 2023, three GN'R companies (two "Gundam" companies and Waterhead) sued Kat. The lawsuit was for declaration of relief, meaning that they were not asking for money, but for the court to assert that GN'R, and not Kat, owned the copyright of the pictures she registered.
Kat didn't respond to the lawsuit with a motion to dismiss or a counter-suit. Instead, she filed her own, separate lawsuit in November against GN'R, Gundam, Team Brazil and Fernando for copyright infringement and sexual harassment. Gundam and Team Brazil (served later) responded with motions to dismiss Kat's lawsuit and Kat filed her reply/opposition. Fernando and GN'R were not served (and still haven't been served).
The two lawsuits (Gundam/Waterhead Vs. Kat and Kat Vs. GN'R/Gundam/Fernando/TB) were assigned to the same judge, who suggested that they should be "consolidated" (joined together). The parties agreed to it, and the two cases were consolidated by court order, according to which Kat's lawsuit would be closed (and as a result the motions to dismiss it were denied as "moot" without being reviewed by the judge), and all filings from then on would take place in the earlier of the two lawsuits (Gundam Vs Kat), where a "consolidated complaint" should be filed.
So after the two cases were joined together, Kat refiled her lawsuit as a "consolidated complaint", and then the two parties filed motions to dismiss each other's lawsuits, or, alternatively, for "more definite statement" (meaning that if the court didn't think that the lawsuit should be dismissed, it should at least order for it to be amended so that certain allegations in it would become more specific). Kat responded to Gundam's and TB's dismiss motion with an opposition; Gundam responded to Kat's dismiss motion by filing an amended complaint (lawsuit) against Kat. And then the judge said that since there was an amended complaint, Kat's dismiss motion was denied as "moot"; curiously enough, Gundam's and TB's dismiss motion was denied, too, and so their reply to Kat's opposition was stricken as well. So, for a second time, motions were without being reviewed by the court. Also, the two parties submitted, as required by the court, a schedule and timeline for the case.

And now, with three court orders on Feb. 27 and 28 (see attached):
1) The judge retracted the previous order that a "consolidated complaint" should be filed and had Kat's "consolidated complaint" (her refiled lawsuit) stricken, and now Kat has to file a response to Gundam's amended complaint. So does that mean that her lawsuit has been thrown out altogether?
2) The parties who have not been served are dismissed. Fernando has not been served, so does this mean that he's not a defendant anymore?
3) The judge has shortened the proposed schedule. According to the court order, the "discovery" stage (depositions etc.) should be completed by August 2024 and the jury trial, if there is one, will take place in March 2025.

Kat responded to GN'R/Gundam's amended complaint yesterday with a motion to dismiss it. As required by the order of the judge, the motion was accompanied by a report about the conversations and correspondence between the attorneys (see attached document).

Most likely there'll be an opposition to the motion from GN'R's lawyers and then a reply to the opposition from Kat's lawyer. The hearing (and the court ruling) for the motion is set for April 25.

And a small update on this one:

The judge has yet to rule on Kat's motion to dismiss that was filed back in April.

Meanwhile, the GN'R/Gundam side filed a motion to compel against Kat, because Kat's attorney refused to produce all the documents required by Gundam's attorney's (namely all correspondence between Kat and Fernando) and to answer all the questions in the interrogatory. The motion was granted for the most part, and the due date for completion of discovery has been pushed back from August to end of December 2024. The jury trial date (if there is a trial) has been pushed back to May 2025.

Reminder that Fernando is not part of the case anymore and there is no case of Kat Vs. GN'R and Fernando, but only a case of GN'R/Gundam Vs. Kat for copyright infringement.