2020-06-08
53
It decided to take a break as a Forge-hand, get to read through the new evidence.
13.45. Söderlund Björk: Excuse me is this new evidence, that I have not seen.
13.44. Berg, I have emails I want to go through.
13.42. The interview with Rick (Richard) Sales ends.
13.42. Berg. Thanks, then I have no more questions.
13.41. Sales. No.
13.41. Berg. Do you understand the question?
...Wait...
13.40. It was a conference call of 2012, established a written agreement, after the conference?
13.40. I do not understand.
13.40. Berg. Why was there nothing written in the agreements that would have made 2012.
13.39. Sales: Yes. But I do not know to which company.
13.38. Berg: Have you invoiced something when it comes to this management agreement?
13.38. Sales: It, I must ask the accounting department, be it so or so, we abstained because the band needed money.
13.37. Berg: Has Rick Sales Entertainment received any money for that agreement?
13.36. I don't know.
13.36. Berg: Why would the formation of a Swedish company?
13.35. Sales. It I had assumed then was the legal person it would be.
13.35. Berg. You will not be surprised that it would set up a kompanjonsavtal?
13.34. Sales: Not at the meeting in Linköping.
13.34. Berg: is it True that he has received information that the band has met Sissi Hagald and gone through the contract?
13.32. Berg: you Have received this information by Sissi Hagald (Read long e-mails)?
13.31. No.
13.31. Did you know that there would be formed a Swedish company that the members would be in?
13.31. Sales: No, I did not know.
13.29. Berg: did you know that they planned a kompanjonsavtal?
13.28: Sales: the Same obligations and rights as Tobias.
13.28: Berg: But has all this writing over the rights?
13.27: Sales: As a manager, I ask everyone to write in for I do not know who is the creation.
13.27. Those who signed are six people. What does it mean legally that all the writing in?
13.27. The artist was known as the Ghost.
13.26. Berg: In the management agreement, it is the artist of the Ghost, why the only Ghost there?
13.26: Michael Berg has initiated interviews with Rick Sales.
What is the significance of the respective witnesses have is of course difficult to say. Rick Sales makes a stable impression in the right, but it is still just a part of it all and have agreement to do.
The witness who has given perhaps the greatest and most stable impression is yesterday's witness, Niels Nielsen, a former tour manager, factual and very reassuring went through his work in the Ghost. It was also a witness that both sides had the benefit of. And on a personal level, he probably does not have impaired its relationship to neither the defendants or plaintiffs. Niels Nielsen was good for all, both legal and personal.
The interest to visit the courtroom has increased slowly but steadily during these days. Now on Tuesday afternoon there are a dozen people in the audience.
13.15: Sales: It was a constant work to get money. There was a clear message, all the needed money and it was clearly stated that they were hired musicians. They wanted to get paid per week or per month or per show as hired musicians.
13.13. Söderlund Björk asks about how he looks on the others ' role as a musician in the Ghost.
13.11. Sales: No, everyone saw me as I was only Tobias Manager.
13.10. In your opinion, they saw you as your manager?
13.08. No. The only name that stood out in the agreements was Tobias. The only thing that I remember was the informal conversations about travel and which months we would play in, thus more practical matters.
13.07. Söderlund Björk: did you get a power of attorney from Simon and Mauro to represent them?
It discussed some details of the agreement right now that we skip over. Also some e-mails and what is where and why Rick Sales made in a certain way.
13.01. Sales: It became crystal clear that all decisions were taken by Tobias.
13.00. Söderlund Björk: How perceived you when it came to the guy's roles in the group?
13.00. No.
12.59. Söderlund Björk: Have musicians ever paid any commission in agreement with you?
12.57. A small alarm erupts in the hall, but it was just a telephone ring is detected, the associated the presiding judge (the sound on cellular phones must be turned off in the courtroom). It will be a little laughter in the hall, but soon everything returns to normal again:).
12.54: Sales: At this time, I knew that Tobias was the creative force and I don't know if the other was or had been there.
12.54. Söderlund Björk: the other at the same level as Tobias?
12.54. Sales: Sissi negotiated for Tobias.
12.53: Söderlund Björk: When you were talking with Sissi negotiated her any more then?
Rick Sales looks exactly as one might imagine an american manager within the music business looks like. He has a dark suit, brushed back hair and well kept beard. He sits quite upright, and expresses herself well and talks loud and clear on the broad English.
12.46. Sales: Yes, I came to Linköping and met Tobias and his wife and his children, and we discussed the history and concept of the Ghost and how we could move forward. Then we went to the room where they rehearsed, and we went home to someone in the band then we went all to eat dinner.
12.46. Söderlund Björk: What did you do then?
12.46. Yes.
12.45. Was Sissi who you negotiated with?
12.43. Sales: One of my employees had seen Tobias at a festival and she came back and said that he was a real star and that we must become a part of this.
12.43. Söderlund Björk: How did you get Tobias manager?
12.42: Sales: Tobias had a crystal clear picture of what he wanted to do with the Ghost. And he discussed about ideas he had for several years.
12.40. Söderlund Björk: there Was something special in his artistic vision compared to others?
12.39. We promoter, artist, co-ordinates and acts as the link between the parties, between the company and trying to do everything that is needed to artisen achieve the best results. And the goal is to put Tobias as an artist and show it to the world so the Ghost becomes as large and successful as it can be.
12.39. Söderlund Björk: In what way helps you Tobias?
12.37: Sales: I have represented many rock artists and more of them have won the grammis and perhaps the most distinguished group I work with, is the Slayer that has been around for 37 years and where I have been their manager for 31 years.
12.36: He may begin to explain about their experience.
12.35. The fifth day, resume by the interviews with Rick Sales.
LUNCH AT 13.30
11.28. The interview with Kristen Mulderig ends.
11.27. Berg. I have no more questions.
11.27. I will not remember the e-mail and I replied, probably just as I was told.
11.26. Berg: Despite the fact that you had an agreement?
11.25. Mulderig: That he could bill with a higher amount.
11.25: Berg: What does it mean?
11.23. Berg takes his computer and goes back to Mulderig to show the e-mail.
11.23. Berg: Have you sent an email to the -- 17 april 2016 with the announcement that he can bill to a right to compensation despite the fact that you have not come to any agreement.
11.21. Mulderig: Not I personally. It is a matter for the Rick Sales.
11.21. Berg. Do you have power of attorney to negotiate with the musicians?
11.20. It is standard but I negotiated the agreement does not, and did not make any calculations yourself.
11.20: Berg. Do you know how you will receive compensation as a manager?
11.19. Mulderig: It was a negotiation between Sissi Hagald and our attorney.
11.18. Berg: How was reported Ghosts, the revenue that would go to the compensation?
11.17. It was so long ago, I can't remember.
11.17. Berg: it Was something that he would be utköpt from the band?
11.16. Mulderig: the Problem was that they needed money and we were about to arrange it but they didn't want to take risks.
11.15. On 15 march 2012 you will receive an e-mail from the -- what was the problem?
11.14. I make no distinction between musicians, no matter if there is agreement or not in the everyday tasks.
11.14. There are lojalitetskrav in the agreement.
11.13. Mulderig: It can happen, but I get e-mails from other that are not in agreement.
11.12. Berg: Could the reason he wrote to you that he was with in the agreement?
11.12. I think so but I was not involved.
11.12. Was he in agreement?
11.11. He wrote to me because I took care of the daily chores.
11.11. Berg: Why is writing -- an email to you about the agreement?
11.09. Yes, but then you have to read all the clauses but I was not involved when the agreement was signed.
11.09. Berg: If there is personal agreement, the agreement with the company then?
11.09. Mulderig: Yeah, but I have clients who do not sign a contract also.
11.08.Berg. They included agreements with you, are they your clients?
11.08. Yes, definitely.
11.08. Berg: Are you good?
11.07: Mulderig: Absolute
11.07. Berg: Has Rick Sales Entertainment a good reputation?
11.07. Yes, but it's not my company and I myself was not in the hearing.
11.06. Berg: You take a certain percentage?
11.05: Mulderig: because they don't have to book flights or negotiate contracts, they should not have to take care of the business part of their business they should concentrate to put up a show.
11.05: Why have a manager?
Berg takes over the questions.
11.03. Mulderig: No.
11.03. Questioned the one time that it was hired musicians in the agreement.
11.00. Mulderig: Tobias would get married and we sent the draft a bit too early for Tobias wanted to it would be with a structure with bonus and as I said, it was a first draft, it is not so that in a first draft promises gold and green forests.
10.59. Söderlund Björk: Was Tobias satisfied with the agreement that was sent to the other.
Now, there are questions about the date when the band members began to bill, and when a higher amount began to be billed.
10.57: They thought it was insulting but I explained that it was a first draft.
10.56. Söderlund Björk: How did people react to the agreement that you sent?
10.55. Mulderig: Yeah, it's very common. I have written between 15-20 such a contract and it is the same text, I only have to change the names in the agreements.
10.55. Söderlund Björk: Is this common?
10.54. Yes it is there, it is common. I represents, for example, Slayer have hired musicians and they get paid by a monthly allowance.
10.54. Söderlund Birch: Are there other bands that you represent that have hired musicians?
10.51: Mulderig: You have to get them to feel a part of the group. I am writing the same type of letter to both hired musicians to engineers.
10.49. Söderlund Björk: There are two letters that you wrote, where they wrote there and came in in Ghost so you wrote that they needed to pass, and you wrote that they were a part of the Ghost, what did you mean?
10.48. I believe it is.
10.48. Were there any tax reasons?
10.47. Mulderig: It was in order to give the payment without delay because it had taken the Universal approximately 30 days to register them, and then another two weeks before they had received the money.
10.47. Söderlund Björk: Can you describe why they were allowed to bill Tobias instead of Universal?
10.45. Mulderig: No.
10.45. It was one of those who had nothing against to be hired musicians?
10.45. Yes, they did.
10.45. Söderlund Björk: Sent the invoices?
10.45. We agreed a fixed monthly amount and what I remember had nothing anything against it.
10.44. Söderlund Björk. How talked you with the guys with the payment.
10.42. Mulderig testimony strengthens the image of that was the Tobias company and the other was hired musicians. It should be noted, however, that so far only Forges a lawyer who have asked questions.
10.37: Now go Söderlund Björk through e-mails and details about risks, and compensation. And now Söderlund Björk on whether Tobias argues his company or if he shall have meant something else. Mulderig responds to Tobias in the e-mail had stated the rest of the band as hired musicians.
10.36. Mulderig: as far As I know, we tried to find some way that would give them every month but there was not any revenue.
10.36: Söderlund Björk: How did the guys receive compensation when you began to act as a manager?
10.34: I made the agreement with the Ghost.
10.34. Söderlund Björk: Did you have other sponsorship agreements with the other?
10.33. No.
10.33: Left the guys for a power of attorney any time?
10.31: Mulderig: I had limited contact with them, initially I helped with the everyday as to book flights, compiling travel.
10.31: When you made the business you treated the other differently than than with Tobias?
10.31. Mulderig: No.
10.31. Söderlund Björk: the guys Were with and asked any question any time?
10.30. Sissi was always Tobias attorney
10.30. Söderlund Björk: Where Sissi everyone's a lawyer or Tobias attorney?
10.30. Mulderig: It was Sissi (Hagald) and our lawyer.
10.28. Who negotiated.
10.25: Mulderig: We then went to a bowling alley but I'm not sure what that was but if I remember right, it was Simon Söderberg and -- (anonymous).
(When I write --, it means a person who I agree anonymous, there are various reasons to keep some witnesses anonymous).
10.24. Mulderig: I took the train from Stockholm to linköping, where Tobias met me at the station and we came to where the band practiced and Niels was there.
10.23. Söderlund Björk: Tell me about the time in Linköping.
10.23: We got in touch with Sissi Hagald, Tobias lawyer and decided on a meeting. I went to Linköping.
10.21. Söderlund Björk: How you became the manager.
10.19. Kristen Mulderig: in Addition to the usual tasks we will help him with inspelningavatal and negotiate utgivningsavtal and build up a strategy to take the group to the next level.
10.20: Söderlund Björk. What is your role with Tobias?
10.15: A new witness is called. Kristen Mulderig, who works in the Rick Sales Entertainment. She explains that she works as a manager and working closer to the agents and the company. She explains that she will guide performers ' careers.
Watch the 10.15: the Trial is resumed.
