Kat Benzova sues GNR/Fernando for copyright infringement and sexual harassment

[Blackstar]

16 minutes ago, Sweersa said:

Why the fuck would they even call themselves Team Brazil? That’s an insult to their country, especially with this alleged behavior. Is it a nationalist pride thing? I can appreciate that, but if I had to come up with a name of a business I wouldn’t call it Team America (funny movie), Team Michigan, etc. Fucking clowns. 

I think Axl first called them that and then it became "official".

[Ratam]

7 minutes ago, W. Axl Kev said:

It's worth remembering this is a civil suit and, seemingly, in response to another civil suit. Both appear to be counter-strikes against each other. However, if there is even one text, witness or any corroboration against this guy Fernando then his position is untenable, which it might be anyway.

Beyond this guy being Beta's son I don't know much about him at all and I couldn't have told you he was officially GN'R's manager (I thought it was Del James?). These accusations paint the picture of a poorly qualified managerial team who have failed to implement some of the most basic concepts within any business structure. We can't accept these accusations as truth because she requested a trial by jury (and he hasn't yet had the right to defend himself) but I'd expect better from one of the world's biggest bands and touring acts. You'll find few acts who you're even able to name the individual manager let alone expose his depraved text messages.

This is the last thing GN'R needed after a brilliant tour. They have the right to defend their position but being a band who proudly have a female member (in a world where few rock bands do) the best move is to relieve this guy of his duties and move on. In spite of his relationship with Axl, he isn't worth it. I'm hopeful Axl realizes that too.

Del James is just Tour Manager.

[W. Axl Kev]

1 minute ago, Ratam said:

Del James is just Tour Manager.

When you're a band who solely tours, what is the difference?

[vloors]

11 minutes ago, Draguns said:

I'm not buying the copyright infringement by Kat. I would be shocked if GNR didn't present documents to her regarding her photographs. I think that GNR is correct with that aspect. Regarding the sexual harassment, I think that needs further investigation.  I'm going to withhold further judgment on this until there are more facts. I don't think those facts nor evidence will be displayed for public consumption, though. In all likelihood, the suit by GNR and countersuit by Kat will be  settled privately.

For those that are saying this is the end of GNR just relax!!! That thinking is hyperbole. Most cases are settled out of court, which I think this will happen with this case.

No one is saying its the end of GNR but everyones hoping its the end of Fernando and team brazil

[Blackstar]

Regardless of which side is right about the ownership of the photos, this is just incredibly far from how a business as big as GN'R is should be managed.

I wonder if Axl knew this. I doubt he did because, for all his flaws (and this has even been considered as one of his flaws) he is known to be infamously obsessed about wanting to have everything on paper and under contract, but also as someone who wants to be fair to people who work for him.

[Ratam]

3 minutes ago, W. Axl Kev said:

When you're a band who solely tours, what is the difference?

Because Axl love help his friends.

[Draguns]

13 minutes ago, vloors said:

No one is saying its the end of GNR but everyones hoping its the end of Fernando and team brazil

You'll see comments on page 3 in this thread stating no album release. That's what I'm referring to.

[Sweersa]

18 minutes ago, Blackstar said:

I think Axl first called them that and then it became "official".

Ah, that makes more sense. Maybe Vanessa saw the writing on the wall and left, assuming she's not involved with them anymore. I have not seen her with them in a while. 

[PJ87]

As a lawyer myself, I see this as nothing more than financial dispute. Bringing claims of harassment and retaliation won't survive if she isn't an employee. An employment relationship is a prerequisite, she herself admits she was a 1099 contractor and not an employee. At best, these are breach of contract and copyright claims. The employment/harassment related claims are to attempt to gain leverage and are likely just salacious in nature (and could potentially invoke a reimbursement of attorneys fees in California). I suspect GNR/Lebeis will file a demurrer motion to this complaint rather swiftly.

This case will probably be settled out of court fairly quickly. It's a typical business dispute, these things happen all the time in business and GNR, touring, and music industry is no different. I will add that I read the complaint by Benzova's lawyer, it was pretty sloppy, and he's been licensed for only ONE YEAR. He will be outmatched. Not to say her claims don't have some merit, I wouldn't know that one way or another. But just because she alleges things doesn't make them true. She could take any little off color joke made in the last 7 years of touring, and spin it to look salacious and bad. Curious to know whether she played along and made any jokes or innuendos along the way... Hell hath no fury like a photographer scorned! 

[Top-Hatted One]

6 hours ago, thomase said:

nope it true i can sue you for money and make something up

Why would Kat do that? It would ruin her partnership with Aerosmith and AC/DC. She would be unemployed with zero chance of ever working with bands again.

[WhazUp]

14 minutes ago, PJ87 said:

But just because she alleges things doesn't make them true. She could take any little off color joke made in the last 7 years of touring, and spin it to look salacious and bad. Curious to know whether she played along and made any jokes or innuendos along the way... Hell hath no fury like a photographer scorned! 

Why so quick to basically dismiss a person's claims of harassment immediately jumping to a thousand alternate explanations that paint her as a liar/unreliable narrator that is just a scorned photographer?

Going "hell hath no fury like a photographer scorned" sounds like you already are crafting your own narrative, and considering you are a lawyer (or at least claim you are), that is a bit concerning to me

Edited November 15, 2023 by WhazUp

[PJ87]

4 minutes ago, WhazUp said:

Why so quick to basically dismiss a person's claims of harassment immediately jumping to a thousand alternate explanations that paint her as a liar/unreliable narrator that is just a scorned photographer?

Going "hell hath no fury like a photographer scorned" sounds like you already are crafting your own narrative, and considering you are a lawyer, that is a bit concerning to me

You have it backwards, what I am saying is just because she alleges things doesn't make them true, or untrue for that matter. Seems like most folks on this forum assume all her allegations are true, which is not fair or reasonable either. I have seen enough of these things to know the truth lies somewhere in between. But who care what keyboard warriors think... 

[W. Axl Kev]

19 minutes ago, PJ87 said:

As a lawyer myself, I see this as nothing more than financial dispute. Bringing claims of harassment and retaliation won't survive if she isn't an employee. An employment relationship is a prerequisite, she herself admits she was a 1099 contractor and not an employee. At best, these are breach of contract and copyright claims. The employment/harassment related claims are to attempt to gain leverage and are likely just salacious in nature (and could potentially invoke a reimbursement of attorneys fees in California). I suspect GNR/Lebeis will file a demurrer motion to this complaint rather swiftly.

This case will probably be settled out of court fairly quickly. It's a typical business dispute, these things happen all the time in business and GNR, touring, and music industry is no different. I will add that I read the complaint by Benzova's lawyer, it was pretty sloppy, and he's been licensed for only ONE YEAR. He will be outmatched. Not to say her claims don't have some merit, I wouldn't know that one way or another. But just because she alleges things doesn't make them true. She could take any little off color joke made in the last 7 years of touring, and spin it to look salacious and bad. Curious to know whether she played along and made any jokes or innuendos along the way... Hell hath no fury like a photographer scorned! 

This is a very interesting take. Do you think her Visa status (which I believe is referenced) is a factor? Also the potential that these photos were captured in a multitude of different countries with different copyright laws. Would a US Civil Court have jurisdiction if it went to that depth?

Edited November 15, 2023 by W. Axl Kev

[WhazUp]

14 minutes ago, PJ87 said:

You have it backwards, what I am saying is just because she alleges things doesn't make them true, or untrue for that matter. Seems like most folks on this forum assume all her allegations are true, which is not fair or reasonable either. I have seen enough of these things to know the truth lies somewhere in between. But who care what keyboard warriors think... 

I get what you are saying, I just think at this point in time I don't know if I would feel confident going "hell hath no fury like a photographer scorned!" nearly as much as I would feel confident in simply believing that a woman at a workplace within the entertainment industry was sexually harassed by a dude in a position of power.  It happens every day, sadly

Of course I am on the side of, let's see all the facts - but I am already seeing too many people here quick to just dismiss Kat's claims (one poster earlier flat out said "I don't believe her") and that is mindboggling to me

Edited November 15, 2023 by WhazUp

[vloors]

21 minutes ago, WhazUp said:

Why so quick to basically dismiss a person's claims of harassment immediately jumping to a thousand alternate explanations that paint her as a liar/unreliable narrator that is just a scorned photographer?

Going "hell hath no fury like a photographer scorned" sounds like you already are crafting your own narrative, and considering you are a lawyer (or at least claim you are), that is a bit concerning to me

Agree here. He sounds like Fernandos lawyer if anything.

I am sure Kat has sms, email and other evidence to back up her claims. If she was just after money she could have put the claims on Axl or a band member not this rat.

This is also not the first time Team Brazil/Fernando hasnt paid staff or contracters

Edited November 15, 2023 by vloors

[jamillos]

2 minutes ago, vloors said:

Agree here. He sounds like Fernandos lawyer if anything.

I am sure Kat has sms, email and other evidence to back up her claims. If she was just after money and had no evidence she would put the claims on Axl or a band member not this rat.

Guy has 5 posts, came out of the woodwork. Thank god we have a lawyer here now when it happens to be suitable; not suspicious at all, no ulterior shit or nothin. 

[Arnuld]

2 minutes ago, WhazUp said:

I get what you are saying, I just think at this point in time I don't know if I would feel confident going "hell hath no fury like a photographer scorned" nearly as much as I would simply believing that an attractive woman at a workplace within the entertainment industry was sexually harassed by a dude in a position of power

Of course I am on the side of, let's see all the facts - but I am already seeing too many people here quick to just dismiss Kat's claims (one poster earlier flat out said "I don't believe here") and that is mindboggling to me

Also some of her claims were incredibly specific and really bizarre. (Like the monkey thing lol) that is not the kind of thing most people just make up. And if she still has those texts of Fernando sending her porn…..He’s toast. 

[Blackstar]

I think the bottom line is that even if the sexual harassment allegations are exaggerated and not backed by hard evidence, and the purpose of their inclusion is to get a better out of court settlement for the main claim of the lawsuit (the copyright infringement), all this is a very bad look for the band and its management, so Fernando can't continue to be manager anymore.

[DarkLotus1111]

If they fire Fernando, Axl should consider hiring Shawn "Clown" Crahan from Slipknot as band manager so GN'R could continue to disappoint the fans with more circus drama...  

[PJ87]

17 minutes ago, WhazUp said:

I get what you are saying, I just think at this point in time I don't know if I would feel confident going "hell hath no fury like a photographer scorned!" nearly as much as I would feel confident in simply believing that a woman at a workplace within the entertainment industry was sexually harassed by a dude in a position of power.  It happens every day, sadly

Of course I am on the side of, let's see all the facts - but I am already seeing too many people here quick to just dismiss Kat's claims (one poster earlier flat out said "I don't believe her") and that is mindboggling to me

That last sentence was a joke, I'll retract it. 

4 minutes ago, Blackstar said:

I think the bottom line is that even if the sexual harassment allegations are exaggerated and not backed by hard evidence, and the purpose of their inclusion is to get a better out of court settlement for the main claim of the lawsuit (the copyright infringement), all this is a very bad look for the band and its management, so Fernando can't continue to be manager anymore.

It isn't a good look for the band management, whether Fernando is a good manager is not my point at all I wouldn't know that. He doesn't sound very professional at best. I'm not his lawyer. LOL. 

[James Bond]

If they fire Fernandon't do you think they'll offer a discount on the toy trucks and children's book on the online store? Asking for a friend.

[PJ87]

16 minutes ago, jamillos said:

Guy has 5 posts, came out of the woodwork. Thank god we have a lawyer here now when it happens to be suitable; not suspicious at all, no ulterior shit or nothin. 

Sorry I don't live on the forum board dude and post all day just so I can get attacked by other people. In fact, this is why I don't post much because as soon as you do you get attacked by some loser that thinks he's holier than thou because he is a master poster on a forum. What ulterior motive would I have? I could give a shit either way. Just my opinions. 

[PJ87]

23 minutes ago, vloors said:

Agree here. He sounds like Fernandos lawyer if anything.

I am sure Kat has sms, email and other evidence to back up her claims. If she was just after money she could have put the claims on Axl or a band member not this rat.

This is also not the first time Team Brazil/Fernando hasnt paid staff or contracters

Makes sense, Fernando's lawyer goes to mygnrforum to defend him against internet trolls. That's where the case will be won! Anyway, done with this topic I'll be going moving to the "what pants is Axl wearing" topic, more interesting and intellectually stimulating. 

[ZoSoRose]

27 minutes ago, jamillos said:

Guy has 5 posts, came out of the woodwork. Thank god we have a lawyer here now when it happens to be suitable; not suspicious at all, no ulterior shit or nothin. 

6 minutes ago, PJ87 said:

Makes sense, Fernando's lawyer goes to mygnrforum to defend him against internet trolls. That's where the case will be won! Anyway, done with this topic I'll be going moving to the "what pants is Axl wearing" topic, more interesting and intellectually stimulating. 

You could just move on in general 

[PJ87]

3 minutes ago, ZoSoRose said:

You could just move on in general 

16,150 posts?