Thursday, April 14, 2011

Legal Complaint Claims Songwriter Owed Licensing Fees For San Diego Chargers Fight Song

MIAMI - April 13, 2011 -  Richard Wolfe, an attorney with Ehrenstein Charbonneau Calderín (ECC), has filed in a lawsuit in Miami Dade Circuit Court on behalf of songwriter Bobby Kent (f/k/a Ira Brandwein) and Hollbrand Music Publishers against the American Society of Composers, Authors and Publishers (ASCAP) involving one of the most popular fight songs in history (Case #10815CA21).

The ASCAP is a performing rights society that collects licensing fees derived from the public performances of the compositions of its contracting members, and later disbursing the contractually agreed-to share of the collected funds.

According to the lawsuit, Kent was the musical director for the San Diego Chargers football team when he composed an original fight song entitled "Stadium Doo Dads" in 1978. Lawyers say he entered into a standard agreement with the ASCAP to collect performance royalties. Since the late 1980's, Kent's composition has become immensely popular and a standard at nearly every professional, collegiate, and amateur sporting event according to the lawsuit. The most commonly known part of the song is "da da da da da da...CHARGE!"

Wolfe said since the 1990's the ASCAP has issued blanket licenses for the use of the song with other sports teams while collecting millions in fees, yet the ASCAP did not pay Kent his share. Wolfe added the ASCAP only paid Kent fees paid by the San Diego Chargers.

"We terminated the ASCAP and advised every sports team to stop using the song or agree to pay a licensing fee of $3000 per year," said Wolfe. "A few teams agreed to pay the licensing fee.  Most just ignored us. The Texas Rangers sent us a letter saying they didn't use the song and didn't intend to use the song, and yet we recorded them using it 31 times during one single World's Series game in 2010."

The lawsuit seeks a jury trial to recover damages for fraud, unjust enrichment, deceptive practices, constructive trust, as well as, breach of contract, good faith and fair dealing, and fiduciary duty.

Wolfe represents entertainers, musicians, and international businesses such as jewelry manufacturers, vitamin manufacturers and insurance companies, in matters related to contracts, intellectual property rights, probate issues, and general business litigation.

About Ehrenstein Charbonneau Calderín (ECC)
Based in Miami, ECC is a law firm that is focused on resolving disputes related to bankruptcy and business restructuring as well as general disputes. For more information, visit


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