Fab Four Sue Over Bootleg

The Beatles have come together to block distribution of an early bootleg.

Lawyers for the Fab Four's London-based company, Apple Records, filed a lawsuit last week against Fuego Entertainment of Miami Lakes, Fla., contending the online music store does not have permission to disseminate eight unreleased tracks that were made during a 1962 New Year's Eve performance at the Star Club in Hamburg, Germany.

Apple's complaint claims that since the Beatles had already signed an exclusive contract with EMI that barred third party recordings of their gigs, the tape was obtained without authorization.

The recording, titled Jammin' with the Beatles and Friends, Star Club, Hamburg, 1962, features Paul McCartney singing a cover of Hank Williams' "Lovesick Blues," he and John Lennon joining forces on "Ask Me Why" and six additional tracks. It is also notable for being the live debut of drummer Ringo Starr after the departure of member Pete Best.

The suit goes on to state that Fuego and two sister firms violated the mop tops' copyrights by streaming snippets of the concert on the Web and improperly using the long T that's long been part of the band's logo for its own purposes.

Apple also notes the bootleg's audio is of such crude quality that it "dilutes and tarnishes the extraordinarily valuable image associated with the Beatles."

Apple Corps attorney Paul LiCalsi said the company was forced to take Fuego to court after the company ignored a cease-and-desist letter sent by Apple regarding the remastering of the performance and the sale of it on CD, though Fuego did take down the audio excerpts.

"This appears to us to be a garden-variety bootleg recording," Apple Corps attorney, LiCalsi, told the media.

Not so, according to Fuego's president, Hugo Cancio.

"Don't claim that these were just bootlegged. It's not like today, that you just go in with a phone or BlackBerry and you record," he said. "The world deserves to hear these tracks. The fact is that we have it, they don't and that is what's bothering them."

Cancio added: "It's unfair to millions of Beatles fans not to allow this recording to be put out. The world deserves to hear these tracks."

Cancio's firm reportedly bought the recording for an undisclosed amount from partner and owner, Jeffrey Collins. No word how he got his hands on it.

Aside from an injunction preventing the tape's release, Apple is seeking $15 million in actual and punitive damages.

This isn't the first time Apple and Fuego have feuded. The Beatles' legal eagles foiled an earlier 1995 attempt by the company to hock another bootleg. They also successfully sued Sony Music to stop it from releasing a similar recording, The Beatles Live at the Star Club in Hamburg, Germany; 1962—Vol. 1 and Vol. II.