A California federal judge has approved an agreement that will allow Capitol Records to distribute a Donny Osmond "comeback" record pending a trial to decide whether Capitol or Curb Records will profit from it.
District Judge Robert Takasugi signed the stipulated preliminary injunction that requires Curb to collect and store all pressings of Osmond's "Soldier of Love," pending an out-of-court resolution or trial on Jan. 23, 1990.Last week, Takasugi issued a temporary restraining order against Curb Records, allowing Capitol to proceed with its distribution plans.
"Since Capitol has already shipped over 400,000 copies of the album, there was no way that we could continue to pursue injunctive relief without significantly interfering with Donny Osmond's comeback," said Mike Curb, chairman of Curb Records and former California lieutenant governor.
"At the temporary restraining order hearing, they shocked us as well as the judge by saying they had spent $1 million and had pressed 400,000 copies of the album," Curb said. "We decided it was better to stipulate to them as distributors and divide the profits on the merits of the case."
Curb declined to say how much his company had invested in the Osmond deal.
Curb Records filed suit April 4 against Osmond, 31, his manager, Bill Waite, and Capitol, alleging Osmond had given Curb distribution rights to his first record in 10 years, "Soldier of Love," and then had broken the contract by giving those rights to Capitol.
Capitol filed suit in federal court 10 days later, saying it had exclusive distribution rights to the recordings and that Curb Records was infringing on its copyright by releasing promotional copies of the "Soldier of Love" single.
Although cases in both courts are still pending, Curb's lawyer, Neil Goldstein, said attorneys probably would pursue the case in one court, to be decided later.
Curb declined to speculate how much money Capitol's "Soldier of Love" album would make. The single is No. 15 on the Billboard charts this week and is Osmond's first Top 40 hit since "C'mon Marianne" in 1976.
The recordings originally were released by Virgin Records in England.
Curb has represented the Osmond family singers, including Marie, for 25 years.