1995.12.16- Billboard - Former GN’R Member Sues Band For Misappropriation (Gilby)

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Former GN’R Member Sues Band For Misappropriation

LOS ANGELES—Gilby Clarke, the guitarist/singer who replaced Izzy Stradlin in Guns N’ Roses in 1991, filed a lawsuit Nov. 30 in California Superior Court here against the Geffen band for commercial misappropriation of his name, likeness, photograph, voice, and performance.

Clarke is seeking profits derived from the alleged misappropriations, punitive damages commensurate with the wealth of the defendants, and costs of the suit. Only the members of the group are named as defendants; Geffen is not mentioned in the suit.

In the suit, Clarke alleges he did not grant Guns N’ Roses permission to use or exploit his name, likeness, photograph, voice, and performance in a commercial manner in the absence of a contract regarding royalties from sales of albums on which he performed.

Says Clarke’s manager, Mike Hall, "A contract was never completed, and that is the heart of the issue."

Clarke joined Guns N’ Roses in late 1991 for the band’s tour to support its “Use Your Illusion" albums. Clarke also played on 10 of the 12 tracks on the group’s cover album, “The Spaghetti Incident?,” which was released in 1993. Clarke parted ways with Guns N’ Roses in 1993.

Clarke and the members and management of Guns N’ Roses declined to comment on the lawsuit. A new Guns N’ Roses album with an as-yet-un-named guitarist is due in late 1996, according to a Geffen spokeswoman.

CARRIE BORZILLO