Bizarre Universal Music lawsuit: Who is scamming who?--The Hollywood Reporter | Esq. | Entertainment and Media Law

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July 17, 2009

Bizarre Universal Music lawsuit: Who is scamming who?

By Eriq Gardner

Metzgar5 Some musicians are so hungry to get their albums distributed that they will do almost anything, including pay those who promise to make it happen. Desperation breeds scam.

Today's big question: Who is scamming the good musicians of Tennessee?

On Wednesday, Universal Music Group filed a lawsuit against a Nashville individual named Robert Metzgar (right). In the complaint, UMG alleges that Metzgar has been signing up artists to a record label called Platinum Plus Universal Records that falsely advertises an association with UMG. The lawsuit claims that Metzgar has been misrepresenting himself to artists, many of whom have stormed into UMG's Nashville office claiming to be owed as much as $100,000.

UMG also points to several websites maintained by Metzgar, including CapitolManagement.com, which have posted messages such as, "Get ready to spend some money if you want to capture the attention of a manager, record label, or entertainment law firm. Being a star is not cheap!"

We contacted Metzgar, who tells a very different tale: He says he's the victim of extortion and blackmail on the part of a top executive at UMG.

Metzgar says he's a musician in a band called the Smokey River Boys that's signed to Platinum Plus Records, a division of Universal. (He sent us the band's distribution agreement with Universal although we haven't yet been able to confirm its veracity.) Metzgar claims the division was started by Bob Zipkin, claimed to be the senior vp of UMG's special products division.

In 2003, Metzgar says Zipkin began to demand money, song-writing credits and a share of the band's revenue. "I paid because he told me to," he says. "I never questioned it because I was so happy to have my albums out there."

Metzgar says that he had a heart attack and had six bypass surgeries that year. Later, he was diagnosed with terminal cancer and, because of the rising health bills, he had to stop payment to Zipkin. That's when Zipkin "got furious," he says, pulling the band's album from Walmart and promising to hurt him.

Metzgar says he has a separate label but has never used Universal's trademark nor advertised affiliation for the purpose of signing musicians. (You be the judge.) He claims to have not seen the latest lawsuit, but dismisses the charges as baseless. He believes that other musicians signed to Universal's Platinum Plus Records have similarly been forced to pay money to Universal's Zipkin

Is Metzgar a world-class story teller or has someone else been pulling his chain? So far, we haven't been able to get UMG's reaction to Metzgar's claims or confirm the existence of Bob Zipkin, but we'll post an update soon. 

So he was supposedly screwed over by "Platinum Plus Records" and also happens to run a company called "Platinum Plus Universal Records"? Color me unconvinced.

The evidence seems to add some credence to his story. Looking at the properties of the word doc, you can see that it was indeed created in 2002 and that the creator was Rhonda Malmlund, who works in licensing. This doesn't mean that Metzgar wasn't improperly representing himself as being affiliated with Universal, but he might have had some association with them at one point.

You have got to be kidding me. This guy has been doing this con game for over 20 years. Even received Cashbox Magazine awards before I acquired it. Since then I have dismissed all charts with numbers between 75-100 and any awards given to independent artist for the Cashbox years 1988-1996 including so called bogus producers. Mr. Metzger may not remember me but I took him to court too and lost because my artist at the time fell for his bs.
He says hes termanally ill. He should play on his cd player the George Jones, Tammy Wynette classic "Gods Gonna Get You For That". Guess what Hes working on it and I sincerely hope you've raised enough money from your schemes to put in air conditioning if the Devil will let you.

There is more and more unfolding each day on the things that this man has done to hurt and destory artist dreams outside of this UMG lawsuit.

For many of you, the day has finally arrived. If you had an experience with Robert Metzgar that didn't turn out as he portrayed things to be, go to this TN state website to complete and submit a formal complaint. Once you submit it, you will get a confirmation via US mail soon after.

We have discussed the case with an investigator who will flag all the incoming complaints under his jurisdiction. So if you are truly going to participate, your complaint will arrive at his desk.

When you fill out the complaint online, be as detailed as you can. According to the investigator, you will have the opportunity to make changes or add if you've left off anything.

http://tn.gov/consumer/consCompFrm.shtml

Remember by filing this complaint you are helping follow artist not to be scammed by this guy anymore and have their dreams destroyed and money ripped away from their families.

I want to say that Robert was great to me, but I have noticed that Robert was doing like so many people are doing because of the Payola scheme, the majors put in place. Robert personally told me that his label was an imprint label of UMG and that they got distribution thru Universal. He also used stated that Charlie Faulk was old EMI. Robert gave me 4 free demo's at Chelsea studio. But I have heard plenty of people tell me to be careful with him. Then again the Major Labels run a monopoly on stations and no matter how good your music is they won't play you. Bottom line is that they want dollars, and only Major's got them.

"Then again the Major Labels run a monopoly on stations..."

Why don't you use Internet to promote your music?? Also it's easy to reach thousands of radio stations around the globe.

Here is a great directory to find stations:
http://classic.shoutcast.com/

/Dennis from Sweden

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