Carly Simon's anticipation unfulfilled, so she sues Starbucks
Filed under: Extracurriculars, Celebs & Money
Carly Simon had great hopes that her 2008 music release "This Kind of Love" would garner the same kind of success other albums -- such as Paul McCartney's "Memory Almost Full" -- had on Starbucks music label Hear Music. Unfortunately, the pop star's latest hit the shelves just as the coffee chain announced it was streamlining its business operations, a move that included dumping its music label. Simon's album tanked, and now she is taking Starbucks to court, seeking $5 to $10 million in damages.
Starbucks foisted her album off on Concord Music Group, which, Simon claims, resulted in poor promotion and distribution. According to the New York Times, the new set of songs has sold 124,000 copes to date. McCartney's album sold well over half a million. Simon claims that she was also shorted on the $575,000 advance and demand for her older albums, which she says a hit would have created, never transpired.
Starbucks released a statement in response to the lawsuit, claiming it had fulfilled its obligations and noting that her album had received "tepid response from music consumers" overall.
Simon's personal fortunes are also flagging. Like the rest of the world, her stock portfolio collapsed, she was unable to sell her pad in the Village, and struggled to make the payments on her Martha's Vineyard home. She had hoped that sales of the album would allow her to retire from the road, but now it looks like the 64-year-old will be playing the circuit for some years to come.
Starbucks bought Hear Music in 1999 and quickly became a top retailer. It sold, for example, one-quarter of all copies of the Grammy-winning Ray Charles album "Genius Loves Company". In its stores the company primarily featured
long-established, mainstream stars such as Joni Mitchell, James Taylor, The Rolling Stones and Lucinda Williams, music that would not compound the caffeine jitters of its customers.
Reader Comments (Page 1 of 7)
10-12-2009 @ 1:54PM
Kevin said...
I wonder if she has considered the fact that McCartney is a little more popular than she is. And if he only sold a half million copies compared to her 124,000 copise, it sounds about right when one thinks about it. Now to sue for an unpaid advance would make sense, if she has it in writing that there was an agreement made. But not for comparing her sales to McCartneys. Any attorney will compare past incomes and she'll be laughed out of any court in the modern world.
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10-12-2009 @ 8:24PM
Carol said...
The record was bad. I bought it and 3 other records at Starbucks by old rockers. They were all bad. I was amazed because Starbucks usually has good records. They should stop promoting old rockers and go back to new music compilations which were fantastic.
10-13-2009 @ 3:49AM
hookmrl said...
carly washed up and get a job at kmart like the rest of us.dont be mad cause you blew all of your millions, get a real job
10-13-2009 @ 8:03AM
AmericanGreed said...
Carly.....stop being so frekin GREEDY!! Why do you think you deserve so much money? People in America are starving, and homeless due to losing their 20,000- 45,000 jobs. And you want millions? Your a total Greedy Beotch! Go work at Wal Mart.
10-12-2009 @ 2:02PM
jaguar6cy said...
Carly who?
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10-12-2009 @ 2:24PM
Hugh said...
Hey Carly, 1975 just called and said you should come back to where you belong. Who's so vain now?
10-12-2009 @ 8:27PM
Hugh Jass said...
Ha! Freaking excellent
10-12-2009 @ 2:08PM
ray said...
Should I dare say it, maybe just maybe shes not as talented as macartney. can someone sue themsevles for NOT BEING AS TALENTED AS SOMEONE ELES. In a normal world you think that to be so, but in todays politically correct climate it just might well happen. So for all the singers models, & anyone else out there go for it. Here is your mindset. WHY SHOULD ANYONE HAVE MORE THEN ME. Of course i'm being very sacastic.
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10-12-2009 @ 2:14PM
ray said...
Maybe I should learn how to spell. lol SARCASTIC
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10-12-2009 @ 4:14PM
vicvlvic said...
we knew what you meant-lol Any how your posting in an AOL forum like me-how much integrity can you have that your spelling matters-look around at the company here? LMAO
10-12-2009 @ 2:19PM
Bill said...
She's so vain.
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10-12-2009 @ 2:22PM
Kevin said...
Starbucks dropped the ball. I didn't hear anything about this album and I like Carly Simon, but I heard a lot about Sir Paul's when it came out. The budget baristas need to grind out some coin beans.
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10-12-2009 @ 4:31PM
bree said...
Totally disagree. Unless she has documentation about the advance not being properly paid (e.g. they were to pay 500 but only paid 100) I don't see where she has a case. She can't compare herself to McCartney because as much as I like some of her music, she's no McCartney. Talent is not a quantifiable product. Unless Starbucks failed to meet the criteria of the contract, she's just got to face that people didn't want her album.
10-12-2009 @ 6:35PM
Keith said...
Agreed! I am a Carly fan and have loved her body...of work since I was 10 years old. She is still a viable singer/songwriter making music as good as ever. She just isn't Christina. She WAS! But she is no longer the hot chart item she had been due to age and the fact that teens won't relate to her material because it is more mature and thought provoking than the average Lady Ga Ga or Gwen fan is interested in hearing.
No she won't sell like Mac but she never really did. But she has easily outsold the majority of todays top 100 artists. She was HUGE in her time! A movie star without being in movies.
I think she deserves a fat chunk from Starbucks because ultimately they did not hold up their end of the deal.
10-12-2009 @ 2:20PM
Music lover said...
Some singers just don't know when to hang it up !!
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10-12-2009 @ 2:21PM
RS said...
Wow ! I didn't even know she had put out new music. Maybe it's because she's not as much in the spot light as Sir Paul is. I'm curious to know if she even had a hit in the 80s or 90s. I know she was big in the 70s, but I can't remember if she was big past that, and if so for what. Sir Paul has had a string of hits, and he's always made it publicly known that he's got albums coming out. He doesn't just leave it to some company to promote him. He mentions it on guest appearances, talk shows, what have you. All in all he's kept us all up to date in pretty much every way shape and form known to man, about what album was coming out when, and when his tour is to start, etc. I'm sorry Carly, but I think I'm going to side with Starbucks. Starbucks alone isn't going to be able to solely promote it. Carly should've helped promote it, just like Sir Paul did when his music went to Starbucks.
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10-12-2009 @ 6:06PM
Cosmo said...
Carly had a very successful album in the 80's - "Coming Around
Again," which spawned several hits. She also had songs on the Working Girl soundtrack("Let the River Run"). She had many top 10 singles in the 70's, probably as many as Paul did. Paul's post-Beatles stuff never really lived up to what he produced when he worked with Lennon. It was pretty good, but I don't think he was a great deal better than Carly Simon. Interesting that they both did James Bond themes. As far as promotion goes, all those public appearances are designed for the specific purpose of promoting an album and are arranged by the record
companies. Even Paul's. That's why you see him on TV when he has a new album out. If Starbucks failed to promote the album, she may have a case. It all depends on the contract.
10-13-2009 @ 3:54PM
Andy said...
Cosmo, interesting observation.
As for the Bond themes: McCartney wrote his (Live and Let Die) while Simon did not write hers (The Spy Who Loved Me). Marvin Hamlisch and Carole Bayer Sager wrote that one.
10-12-2009 @ 2:23PM
I just said...
crying over spilled coffee?
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10-12-2009 @ 2:59PM
Red said...
Too bad starbuck's isn't ditching it's coffee which tastes like dishwater reheated like they are ditching their music. Then just maybe we can get some decent coffee shops like Barney's that left because of starbuck's and ironically starbuck's closed in the mall where Barney's was previously. Carly is probably hard up for money, she didn't have very many hit songs in the early 70's and that is basically when she was mostly known.
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