Blue Magic founder suing Aurora man for copyright infringement

Vernon Sawyer, a founding member of the 1970s soul band Blue Magic, sued an Aurora music producer for copyright infringement.

The lawsuit stems from what Sawyer says is the unauthorized taping and sale of a recording of a Blue Magic live performance in Washington. Darryl Payne of Aurora, is accused of recording the concert and editing it into a “bootleg” DVD titled “Blue Magic Live in Concert,” according to the complaint filed Oct. 27 in federal court in Manhattan.

Vernon Sawyer said that while he and Payne entered into negotiations after the fact about the sale and distribution of the DVD, they never reached an accord. Instead, Sawyer said, Payne presented a contract to two other members of the group, persuaded them to sign it, and then proceeded with the sale and distribution based on that agreement.

The DVD has been sold by Amazon.com Inc. other outlets, and has received “extremely unfavorable” ratings because of the poor production quality, according to court papers. Not a single review of the DVD on the Amazon.com website is favorable, Sawyer said in his pleadings.

He claims his reputation and future performing opportunities are harmed by the sale and distribution of the allegedly infringing recording.

Sawyer asked the court to bar further sale and reproduction of the proprietary content, and for awards of money damages, attorney fees and litigation costs. He also asked for destruction of all marketing materials that incorporate his content without authorization.

He is represented by Jerome S. Fortinsky, Christopher M. Halfnight and Karina B. Lubell of New York's Shearman & Sterling LLP and Gregory C. Wyckoff and Robert L. Raskopf of Los Angeles- based Quinn Emanuel Urquhart & Sullivan LLP.