Daydream Believer says EMI unfairly double dipping

September 29, 2014 – Firm partners Nicholas Carlin and David Given filed a lawsuit in Marin County Superior Court on behalf of Buffy Stewart, the widow of songwriter and former Kingston Trio member John Stewart, against EMI Music Publishing, for breach of contract and breach of the covenant of good faith and fair dealing in connection with EMI’s royalty accounting for the mega-hit song Daydream Believer, made famous by the Monkees. The song was originally written about Ms. Stewart. The lawsuit alleges that EMI has engaged in unfair self-dealing in connection with the collection of royalties in foreign countries, in that EMI uses its own foreign subsidiaries to collect the royalties, and unfairly charges EMI songwriters such as Stewart 50% of such collections, instead of the usual market rate of 10%.