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JULY 18, 2002
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Source: Entertainment Tonight News

Yes's Original Keyboardist Tony Kaye Sues To Stop New Boxed Set

By Darryl Morden

Tony Kaye, the original keyboardist and a founding member of Yes, filed a lawsuit Tuesday (July 16) in a Los Angeles Superior Court, over unpaid royalties and music rights stemming from a band DVD and the forthcoming boxed set In A Word: Yes (1969- ), a five-CD collection scheduled for release on July 30.

Kaye, whose real name is Anthony Selvidge, accuses Warner Music Group, Warner Strategic Marketing, and the Warner Tamerlane and Warner Chapell music publishing companies with intentional and negligent misrepresentation, tortious interference with written contract, and breach of implied covenant of good faith and fair dealing.

In the lawsuit, Kaye states he left Yes in 1972 due to internal band issues and improper payment of royalties. In 1982, Kaye and other members of the band signed an exclusive artists recording agreement with Atlantic, a division of Warner Music Group.

Kaye charges that proper royalties were never paid over the years, despite a letter in 1999 to Warner Chappell requesting an adjustment. In addition, he states he was not properly consulted over a new boxed set of Yes material, though he claims 25 percent ownership of the band name, as well as publishing entitlements with regards to certain songs.

Kaye is asking for a temporary restraining order as well as preliminary and permanent injunctions against the defendants to prevent the release of the boxed set. He has also requested general, specific and punitive damages, in accordance with proof at trial, as well as all court costs and attorney's fees.

Yes was formed in Birmingham, England in 1968 by singer Jon Anderson, bassist Chris Squire, guitarist Peter Banks, drummer Bill Bruford, and Kaye. The band's first album, Yes, was released in 1969 and Kaye also played on 1970's Time And A Word and 1971's The Yes Album. He returned to the group for 1983's 90215, 1985's 9012Live: The Solos, 1987's Big Generator, 1991's Union, 1994's Talk, and appears on various group compilations and live recordings.


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