Carly Simon's Starbucks Lawsuit: Singer SUES Coffee Chain Label

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STEPHANIE CLIFFORD | 10/12/09 12:18 PM | AP

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Carly Simon

SEATTLE — Singer Carly Simon is suing Starbucks Corp., saying the coffee company's now-defunct music venture didn't adequately promote her 2008 album, dooming the record before it was even released.

The singer, whose biggest success came during the 1970s and '80s with hits like "You're So Vain" and "Anticipation," is seeking unspecified damages related to the release of the 14-track "This Kind of Love" in April 2008.

In a lawsuit filed Friday with California's Los Angeles County Superior Court, Simon and her attorneys said the album wasn't available in "a substantial number" of Starbucks stores during the key early months following its release. Later, when the disc was stocked in Starbucks locations, the Seattle-based company slashed the price.

"By doing so, Starbucks stigmatized Ms. Simon's album as an album that could not be sold at full price," according to the claim.

In a statement issued Monday, Starbucks said it met all its contractual obligations and even extended the amount of time it promoted the album in New York and Boston.

"Unfortunately, sales continued to lag as the title received tepid response from music consumers," Starbucks said. "Other retailers faced the same fate with this CD."

Simon blamed the performance of the title – which has sold only 124,000 copies, according to The New York Times, which first wrote about the litigation – on a decision by Starbucks days before the album's release to end its involvement in Hear Music, a joint venture with Concord Music.

Simon's next record, "Never Been Gone" is scheduled to be released later this month by Iris Records.

Starbucks shares rose 29 cents, or 1.4 percent, to $20.53 in morning trading Monday.

SEATTLE — Singer Carly Simon is suing Starbucks Corp., saying the coffee company's now-defunct music venture didn't adequately promote her 2008 album, dooming the record before it was even relea...
SEATTLE — Singer Carly Simon is suing Starbucks Corp., saying the coffee company's now-defunct music venture didn't adequately promote her 2008 album, dooming the record before it was even relea...
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Sorry Carly, but only good tasting tunage get to be in StarKist Coffee.

    Reply    Favorite    Flag as abusive Posted 03:06 PM on 11/10/2009

What an ignoramus for trusting a coffee company to sell music.

    Reply    Favorite    Flag as abusive Posted 01:44 PM on 10/15/2009

So it's Starbucks fault that Carly's CD didn't sell well. Give me a break. What a winey little baby. She is costing all the employees of Starbucks money with this lawsuit. Maybe she should hang up the singing and quit blaming others for her failures

    Reply    Favorite    Flag as abusive Posted 12:12 PM on 10/14/2009
- Ellyllon I'm a Fan of Ellyllon 82 fans permalink
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What did she expect? If you sell your music at Starbucks, you're admitting a BIT of a come down, aren't you?

Ick - sicky sweet coffee and warmed over pop. No, thank you!

    Reply    Favorite    Flag as abusive Posted 10:28 PM on 10/13/2009
- wietog I'm a Fan of wietog 25 fans permalink
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Sorry Carly,
Life isn't 100% predictable and situations - as well as market landscapes - change. Does she even consider the recession???

A woman with so much success should really just be grateful that she has had the opportunity to live most of her life in luxury while playing music for a living. It's not hard work expressing yourself creatively, traveling and being celebrated.

Unreal. It's her lawyers and handlers and the machine around her who want to make more money.

Her free spirit is seriously being compromised by this corporate argument. And while I understand her need to stay relevant, she's got to realize that she is no longer the star she was in the 70's.

Starbucks is a soulless organization - of course her music wouldn't fly off its shelves.

    Reply    Favorite    Flag as abusive Posted 04:35 PM on 10/13/2009

She's so vain
She probably thinks this song is about makin' money

    Reply    Favorite    Flag as abusive Posted 04:52 PM on 10/13/2009

She hasn't been relevant for decades yet she blames Starbucks for her album not doing well?

    Reply    Favorite    Flag as abusive Posted 03:59 PM on 10/13/2009
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the last cd i bought was "Lover's Rock" by Sade, that was in '01 or '02. carly already has one strike against her in that generation Y don't really know who she is, another strike in that many gen x'ers like me don't buy cd's anymore, we download music, then there are the boomers who are her biggest fans yet don't buy as much music period and probably don't even know carly's still making music.

    Reply    Favorite    Flag as abusive Posted 01:47 PM on 10/13/2009

This really changes my opinion of her. I almost wish I didn't read the article.

    Reply    Favorite    Flag as abusive Posted 12:25 PM on 10/13/2009
- noweknow I'm a Fan of noweknow 7 fans permalink

Why did she need Starbucks to sell her CD? Why couldn't she just sell it herself on Amazon or iTune?
All the people I know buy mp3 from the internet. Haven't touch a CD in over 10 years.
Buying a CD is like buying a VHS tape in 2009. It's not even funny.

    Reply    Favorite    Flag as abusive Posted 10:31 PM on 10/12/2009
- RobinL I'm a Fan of RobinL 13 fans permalink


I wasn't a huge fan of Carly's music but she always seemed like a good gal, good mom. Her tunes do bring the past to life in a vivid way, though. I say more power to her. It could just be that her older fans have bit hit by the recession and it was just a lousy time to put a record out.

    Reply    Favorite    Flag as abusive Posted 09:08 PM on 10/12/2009
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That facelift is what drove people away, not Starbucks' "poor management" of music sales........

    Reply    Favorite    Flag as abusive Posted 08:43 PM on 10/12/2009
- blastocyst I'm a Fan of blastocyst 27 fans permalink

Et tu, Brute?

    Reply    Favorite    Flag as abusive Posted 08:47 PM on 10/12/2009
- lillibelle I'm a Fan of lillibelle 59 fans permalink
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Right. I always bought music by the Stones because of Keith's good looks. LyleLovett, too.

    Reply    Favorite    Flag as abusive Posted 08:53 PM on 10/12/2009
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Lyle Lovett's good looks?

    Reply    Favorite    Flag as abusive Posted 08:21 PM on 10/13/2009
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BS, no facelift here. She is gorgeous because her mother, who I knew, was strikingly beautiful until she died in her 80's. She had that Katherine Hepburn classic bone structure , and her daughter, Carly, inherited her beauty.

Plus, Carly is beautiful on the inside as well.

    Reply    Favorite    Flag as abusive Posted 12:44 AM on 10/13/2009

Oh Carly, I saw your CD in Starbucks all the time....it just didn't sold. Don't blame the retailer...I actually doubt the CD would have sold as many as it did without Starbucks. Carly has some great songs in her past but she's far from current, and she's no Streisand.

    Reply    Favorite    Flag as abusive Posted 07:55 PM on 10/12/2009
- blastocyst I'm a Fan of blastocyst 27 fans permalink

I do not want you reviewing my karaoke outings. ;-)

    Reply    Favorite    Flag as abusive Posted 08:05 PM on 10/12/2009
- StellaRay I'm a Fan of StellaRay 212 fans permalink

No, she's no Steisand. But the fab Babs never touched my heart as much, or diaried my times as well as Carly Simon did.

    Reply    Favorite    Flag as abusive Posted 08:10 PM on 10/12/2009
- SvrWx I'm a Fan of SvrWx 10 fans permalink
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Yep...and she's 70's. The kids now-a-day's have no idea who she is. I try to play some of her older music to my wife (who's 34) and she just looks at me like I'm crazy.

    Reply    Favorite    Flag as abusive Posted 09:29 PM on 10/12/2009
- StellaRay I'm a Fan of StellaRay 212 fans permalink

Her music was the wall paper to my life during some of my most adventurous, wonderful, horrible, growing up years. Her voice can take me back there faster than a time machine could ever hope to. I always thought she was reading my mind, she seemed to know exactly how I would describe my heartaches and joys.

Don't know the whole story here, but am surprised many commenters think she should just bite it if her contract was betrayed. She certainly does not have a history of suing or making trouble. And, I never heard a thing about this CD and I'm absolutely the target demo. I see a story on Carly Simmon and I click on it. Wouldn't have been hard to get my attention with a CD promotion.

In any case, I'm pulling for Carly.

    Reply    Favorite    Flag as abusive Posted 07:05 PM on 10/12/2009
- lillibelle I'm a Fan of lillibelle 59 fans permalink
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Lovely post, StellaRay, and I am 100% with you.

I also love her covers. One of my very most favorites is "I've Got to Have You" by Kris Kristofferson. Mmmmm. . . Nobody did it better.

    Reply    Favorite    Flag as abusive Posted 07:26 PM on 10/12/2009
- StellaRay I'm a Fan of StellaRay 212 fans permalink

lillibelle (btw, love your moniker!)

I must check out "I've Got to Have You," on your recommendation. Not familiar to me, something to look forward to.

My favorite Carly songs---

Comin' Around Again (From Heartburn)

That's the Way I've Always Heard it Should Be (Raised in the fifties, came of age in the sixties, pretty schitzophrenic :)

My Older Sister (Never had one but thought this song described what I missed and what I dodged)

You're So Vain (Who didn't know a guy like that?)

Haven't Got Time For the Pain (Ballad of wishful thinking)

There were so many more. Somehow good to know there are other once girls like me who found their "voice" in Carly.

    Reply    Favorite    Flag as abusive Posted 08:00 PM on 10/12/2009
- blastocyst I'm a Fan of blastocyst 27 fans permalink

I listen to "Let the River Run" in the context of viewing "Working Girl" with my Wife snug in our den as the VCR whirred. My Dear was an up & comer in her field and that film resonated for her. I bought her a lunchbox too after that movie. The song never fails to make me wince hard in memory of her. It is Carly's soul driving the lyrics, combined with memories of my Wife, that fuses the essence of that song in my heart.

    Reply    Favorite    Flag as abusive Posted 07:37 PM on 10/12/2009
- StellaRay I'm a Fan of StellaRay 212 fans permalink

Oh, blastocyst. My heart cracks a bit for you. But it feels good. Thank you for sharing that. Even though we have no idea who each other is, I'll be thinking of you the next time I hear "Let the River Run." Lovely, this "blogging in our pajamas" thing.

    Reply    Favorite    Flag as abusive Posted 07:48 PM on 10/12/2009
- ewj1 I'm a Fan of ewj1 permalink

Starbucks= Walmart same ethics just a slightly different business plan.

    Reply    Favorite    Flag as abusive Posted 07:01 PM on 10/12/2009

Kidding or ignorant?

    Reply    Favorite    Flag as abusive Posted 12:59 PM on 10/13/2009
- toochie I'm a Fan of toochie 4 fans permalink
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She is also suing Starbucks for putting clouds in her coffee.

    Reply    Favorite    Flag as abusive Posted 06:21 PM on 10/12/2009
- blastocyst I'm a Fan of blastocyst 27 fans permalink

Clever and nostalgic.

    Reply    Favorite    Flag as abusive Posted 06:28 PM on 10/12/2009
- StellaRay I'm a Fan of StellaRay 212 fans permalink

:) Nice.

That is a great song. Words and tune. What I miss in much of today's music is those great words you never forget. They just roll off your tongue decades later----easier to remember than where you put your keys.

    Reply    Favorite    Flag as abusive Posted 06:43 PM on 10/12/2009
- blastocyst I'm a Fan of blastocyst 27 fans permalink

Coming up on 37 years-old that song. If that doesn't give one pause.
Son of a gun.

    Reply    Favorite    Flag as abusive Posted 06:58 PM on 10/12/2009
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