John Payne Fired From "Rock The Vault"

**Echo28** · 07-24-2014

http://melodicrock.com/articles/indu...or-sues-casino

John Payne claims his creative contributions were copyrighted and that his rights assignment was executed under duress.

After being fired from the Las Vegas musical "Raiding the Rock Vault," co-director John Payne has fired off an expansive lawsuit that claims breach of contract, copyright violations and slander.

Payne was a lead singer in the British prog rock group Asia from 1992 to 2006. Along with Grammy-award winning record producer David Kershenbaum, Payne helped develop the format behind "Raiding the Rock Vault," which plays at the Las Vegas Hotel & Casino and takes audiences on a musical journey from 1948 to 1989. The show features members of some well-known bands and songs from The Rolling Stones, The Who, Led Zeppelin and other acts.

In May, Payne was suspended and the following month, he was terminated. Now in a lawsuit against Rock Vault Tours, the Las Vegas Hotel & Casino and its new owner Westgate Resorts that's somewhat reminiscent of Julie Taymor's suit after being let go from Spider-Man: Turn Off the Dark, he's asserting that the show can't simply go on without properly compensating him for his contributions.

**dgtlman** · 07-24-2014

Branson, MO will now be featuring "Raiding The Rock Vault - Featuring John Payne"

**wilcox660** · 07-24-2014

shocking revelation!

**trurl** · 07-24-2014

Originally Posted by dgtlman

Branson, MO will now be featuring "Raiding The Rock Vault - Featuring John Payne"

**trurl** · 07-24-2014

I hope John Payne joins John Kaye and Steppenwolf just so he can get fired and form John Kaye and Steppenwolf Featuring John Payne.

**progeezer** · 07-24-2014

Does anyone know if Norlander is/was playing in the show band in Vegas?

**JKL2000** · 07-24-2014

They fired him because they realized no one knew who the hell he was.

**trurl** · 07-24-2014

If he gets fired from John Payne's Asia would he form John Payne's John Payne's Asia?

**dmarkfie** · 07-25-2014

No Erik had nothing to do with the rock vault shows and in fact he quit Asia with John Payne earlier in the year.

**iguana** · 07-25-2014

wetton / downes / palmer / coulson: ASiA feat. ASiA.

**Plasmatopia** · 07-25-2014

Originally Posted by trurl

If he gets fired from John Payne's Asia would he form John Payne's John Payne's Asia?

**dgtlman** · 07-25-2014

This is all confusing, but I think it might read something like this maybe? Raiding The Rock Vault - Featuring Asia - Featuring John Payne

**Jimmy Giant** · 07-25-2014

Has anyone even listened to his "version" of Asia?
I know I haven't.

**Scott Bails** · 07-25-2014

I'm just waiting for Billy Sherwood to get involved in this, somehow.

**Splicer** · 07-25-2014

I'm waiting for John Payne's Asia plays Aja.

**Akustika** · 07-25-2014

Originally Posted by Jimmy Giant

Has anyone even listened to his "version" of Asia?
I know I haven't.

What is there to listen to? Other than GPS, there hasn't been much of anything since 'Asia featuring Geoff Downes' ended.

**Scott Bails** · 07-25-2014

Wasn't that "Tribute to British Prog" done under the AFJP moniker?

**JKL2000** · 07-25-2014

Asia featuring Some Random Guy

**luvyesmusic** · 07-25-2014

Originally Posted by Scott Bails

Wasn't that "Tribute to British Prog" done under the AFJP moniker?

1. SIRIUS originally by the Alan Parsons Project (2:11)
2. EYE IN THE SKY originally by the Alan Parsons Project (5:03)
3. COURT OF THE CRIMSON KING originally by King Crimson (9:20)
4. HIGHWAYS OF THE SUN originally by Camel (4:42)
5. I KNOW YOURE OUT THERE SOMEWHERE originally by the Moody Blues (6:55)
6. IT CAN HAPPEN originally by Yes (5:36)
7. LAND OF CONFUSION originally by Genesis (5:52)
8. LOCOMOTIVE BREATH originally by Jethro Tull (3:37)
9. ROCK AND ROLL STAR originally by Barclay James Harvest (6:18)
10. NOTHING TO LOSE originally by UK (4:25)
11. LUCKY MAN originally by Emerson Lake and Palmer (ELP)

ASIA Featuring John Payne：
John Payne [lead vocals, bass, keys], Jay Schellen [drums], Erik Norlander [keys], Jeff Kollman [guitar], and Moni Scaria [guitar]

CD (2014/4/8)
Water Music Records

**Sean** · 07-25-2014

I guess we would have to know what Rock The Vault is to really grok the magnitude of this news.

**Scott Bails** · 07-25-2014

Originally Posted by Sean

I guess we would have to know what Rock The Vault is to really grok the magnitude of this news.

I think it's clear that it's Mr. Payne's main source of income.

**wilcox660** · 07-25-2014

Scanning the interwebs, this has become easily THE most talked about news item on the planet! Awesome!

**Dan Roth** · 07-25-2014

This article from the Las Vegas Sun ( http://www.lasvegassun.com/blogs/kat...k-vault-court/ ) spells out some of the details:

As predictable as a rock fan shouting “Free Bird!” at a Skynyrd show, the dispute between John Payne and his former mates at “Raiding the Rock Vault” has wound up in court.

Payne has filed a lawsuit, dated July 1, in Clark County District Court against the current producers of the musical he helped conceive. Also named in the complaint is LVH and Westgate Resorts, which on July 1 took over ownership of the hotel in which the production is showcased.

That Payne sought a legal avenue in the wake of his departure from the show was of little surprise to anyone involved with the production; the first published report surfaced Wednesday in The Hollywood Reporter.

The 16-page complaint identifies 11 claims against LVH, Westgate and the production. The document does not specify a single monetary figure sought by Payne, but even the very lowest estimation would exceed $100,000. He is seeking legal fees in addition to compensation.

The complaint states Payne and Grammy Award-winning producer David Kirshenbaum are the co-writers of the show, having drafted the storyline in 2011 and copyrighted the script in February 2013. The show has been playing regularly at LVH (and now Westgate) since March 2013. Payne was suspended in May and fired in June by the show’s producer “Sir” Harry Cowell. The two were the chief spokesmen for the show from its arrival in Las Vegas and, before the suspension, had been friends for two decades.

The complaint does outline what seems to be the event that led to Payne’s ouster, as he says that he had been directed to sign over his ownership interest in the production and his royalties. His claim is that he signed that agreement under duress and that the agreement was not enough to keep him in the show.

Payne is seeking compensation in the form of continuing royalties related to the show. The “Rock Vault” managing company, Rock Vault Tours, and he had agreed that Payne would receive 2.5 percent of box office revenue until operating costs for the show were recouped. That percentage was to increase to 3.5 percent after those costs were met.

Payne was paid royalties as the show’s co-director, which were 2 percent of net profits until the show’s costs were recouped and 3 percent after. Payne says he has never received a royalty payment from “Rock Vault” and also claims copyright infringement stemming from the rights he originally secured just before the show opened.

Payne also is claiming the defendants breached the provision in the contract that paid him $1,000 for every “Rock Vault” show at LVH, including those that have been performed since he was terminated. Payne played bass and was one of the band’s lead singers, along with its de facto frontman. The show has since replaced Payne with Hugh McDonald, one-time bassist for Bon Jovi, Alice Cooper and Ringo Starr & His All-Starr Band.

The complaint asks for compensation related to the alleged use of Payne’s image in signage and promotional material after he had been terminated. He also is suing for slander, targeting statements (not listed) by Cowell, who Payne says has misrepresented the reason for Payne’s termination.

In the meantime, the show has continued to perform its regular schedule under the new Westgate ownership. Long the darling of Trip Advisor (where it is always highly ranked and often No. 1 among Las Vegas productions), the show’s race through rock history through the 1950s to the end of the '80s has been given a vote of confidence by new owner David Siegel.

The Westgate overlord concedes that he is not a rock ’n’ roll fan, favoring Liberace over Led Zeppelin, and said that he recognized just one song when he first saw the show this year, “The ‘Rocky’ song ‘Eye of the Tiger,’" Siegel said the day he took over the show. “It’s not my music, but I understand why people like the show.”