The Temptations sue for royalties

In what is getting to be a weekly occurrence, the Temptations have joined the long list of artists who are suing current or former record companies over royalties on digital sales.

At stake is millions of dollars made by UMG (Universal Music Group) over the years selling the Temptations' music on iTunes, Amazon and other digital download sites. While the percentages vary by the artist, many are currently paid a 10 to 15% royalty on physical albums sold, a rate the companies have also used for payment on digital product. The artists have been contending that digital downloads are, in fact, licenses of the music and, therefore, should be paid a royalty closer to 50%.

All of the litigation started last year when a lawsuit by Eminem over the payments stood the test of appeal in the courts. Numerous artists have since filed suit using the Eminem case as the precedent. The Temptations' complaint even cites Eminem's producers, F.B.T. Productions:

UMG's Standard Recording Agreements are, in every material way, the same as those at issue in F.B.T. Prods. Accordingly, Plaintiffs here allege that the digital download income received by UMG from Digital Content Providers are based on 'licenses' and not 'sales,' as those terms are defined in UMG's Standard Recording Agreements with these Providers. Just as in F.B.T. Prods., UMG has not properly accounted for the appropriate amount of royalties owed to Plaintiffs and Class members.

In the case of the Temptations, they are currently being paid 14 to 16% on their recordings per a 1993 agreement, but are seeking back payments for the licensing rate of 50%. With their 20th Century Masters and Icon albums being on the charts fairly regularly, the outcome could be in the millions of dollars.