Korn File Lawsuit Against Ex-Drummer David Silveria Over Latest Royalty Dispute


Korn are said to be suing their former drummer David Silveria over a new royalty dispute. According to court documents obtained by The Blast, the principal members of the band—singer Jonathan Davis, guitarists Brian “Head” Welch and James “Munky” Shaffer and bassist Reginald “Fieldy” Arvizu—claim that Silveria has violated the terms of a previous royalty dispute that they had resolved via a settlement agreement.

It is understood that the aforementioned four members and Silveria entered into a partnership for the band’s earnings, losses and trademarks shortly after recording their 1994 self-titled debut album that served them past Silveria‘s departure back in 2006.

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In 2015, Silveria, who claimed to have been forced out of the band after originally taking a ‘temporary hiatus,’ filed suit against the band, seeking an accounting of their royalties after claiming that he hadn’t been getting his fair share from the aforementioned partnership capital account. As part of that suit, Silveria was seeking to get paid what he was claimed to have been owed and have the partnership dissolved.

The band themselves countersued Silveria soon after and allege that a resulting settlement agreement saw a lump sum paid to Silveria in lieu of royalties going forward. Now, the band allege that in July of 2018 Silviera attempted to stake claim to a share of the band’s royalties once again.

To that end, it is alleged that Silviera has disrupted the payments of the band’s digital performance royalties by attempting to stake a claim via SoundExchange, who handle the band’s digital performance rights. Due to the ongoing dispute, SoundExchange are said to have put a hold on all Korn-related payouts, with the band alleging that $290,000 of their royalties have been tied up this far.

The band allege that they contacted Silveria to inform him that his rights claim was in direct violation of the settlement agreement they had previously reached and demanded him to withdraw it. Silveria apparently did not oblige, leading to this latest lawsuit, which finds the band suing Silveria for breach of contract as well as a ruling barring him from being eligible to collect the band’s royalties.

Silveria recently launched a new band dubbed BI•AS with some of his former Core 10 bandmates. Korn themselves have been working on a new studio album in recent months while frontman Jonathan Davis was performing solo shows throughout a considerable portion of 2018.

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