The Daily Telegraph

Jackson’s posthumous songs ‘may not really be him’

Doubts over tracks on final album as legal papers claim Sony admitted vocals weren’t the singer’s

- By Hannah Furness, ARTS CORRESPOND­ENT

WHEN an album of previously unreleased songs by their hero Michael Jackson emerged a year after his death, it seemed, some astute fans feared, too good to be true.

Yesterday, it appeared those suspicions may not necessaril­y have been unfounded, as Sony was caught up in an extraordin­ary dispute over whether three songs were really performed by the late singer himself.

A court case, which dates to the release of album Michael in 2010, saw a fan of the singer take on Sony Music Entertainm­ent, alleging songs on the record were not sung by the late artist.

After enlisting the help of a forensic audiologis­t, Vera Serova took the case to court to establish whether Breaking News, Monster and Keep Your Head Up had been falsely promoted.

Lawyers filed documents claiming Sony had conceded the lead singer “may have turned out not to be” Jackson, alleging “it turned out that these songs were sung by a Jackson impersonat­or”. But the record label insisted it had not admitted Jackson “did not sing on the songs”, emphasisin­g that it was a hypothetic­al argument and the case was not intended to rule on authentici­ty.

Sony initially said that “extensive research” and witness accounts gave them “complete confidence” that the vocals were genuine.

However, documents submitted to the Court of Appeal in Los Angeles now quote a lawyer for the company as telling a court: “We are submitting now it may have turned out not to be [Michael Jackson].”

While lawyers representi­ng Ms Serova wrote in court papers that Sony had “conceded that Jackson might have been not the singer on the... tracks”, they added that the company “maintained that they nonetheles­s had the right to deceptivel­y sell the tracks as Michael Jackson songs because the attributio­n of the tracks to Jackson was constituti­onally protected noncommerc­ial speech”.

Last night Zia Modabber, represent- ing Sony and the Jackson estate, said: “No one has conceded that Michael Jackson did not sing on the songs.”

Sources suggested any such statement was made for the benefit of legal argument and “only for the purposes of this motion”, about whether the protection of free speech under the First Amendment would still give them the right to sell the music under the late artist’s name

The case continues this week. Sony released the songs after two producers, Eddie Cascio and James Porte, claimed Jackson recorded them in their basement in 2007 with no other witnesses present. Numerous members of the Jackson family insisted at the time that the vocals were not his, and Ms Serova’s forensic audiologis­t concluded that they “very likely did not belong to Jackson”.

According to the documents, Mr Modabber said his clients had taken the producers at their word. He insisted that did not mean Sony and the estate were wrong to pass the songs on to consumers.

After hearings in 2016, Judge Ann Jones ruled in Ms Serova’s favour to compel Sony and the estate to stand trial over the songs’ release. But lawyers went to the Court of Appeal this week to try to halt the case, arguing that they still had a right to sell the songs under Jackson’s name.

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 ??  ?? Fashion sense Period dramas will never go out of fashion, the Vanity Fair screenwrit­er has said. Gwyneth Hughes, who has adapted the Thackeray novel for ITV, said viewers “love a big old romance with beautiful frocks and handsome heroes”. Suranne Jones, pictured, features as Miss Pinkerton when it airs on Sept 2.
Fashion sense Period dramas will never go out of fashion, the Vanity Fair screenwrit­er has said. Gwyneth Hughes, who has adapted the Thackeray novel for ITV, said viewers “love a big old romance with beautiful frocks and handsome heroes”. Suranne Jones, pictured, features as Miss Pinkerton when it airs on Sept 2.
 ??  ?? Michael Jackson died in 2009, a year before the album involved in the court case was released
Michael Jackson died in 2009, a year before the album involved in the court case was released

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