Former Korn Drummer David Silveria Countersues Band Over Royalty Dispute

It was previously revealed that Korn were suing ex-drummer David Silveria for allegedly violating the terms of a deal they made in 2016 after he sued them over royalties in 2015. Now, according to The Blast, the drummer has countersued the band.

In 2015, Silveria, who left the band back in 2006, claimed he wasn’t receiving proper payments and that he never gave up ownership interest in Korn. He also tried to get a judge to force the band to reveal the amount of money they have made since he left, so he can get his rightful share. The group countersued and they ultimately made a deal in which Silveria would be given a lump sum in exchange for his rights to Korn’s royalties.

Despite this, Silveria still tried to ask SoundExchange for his cut back in July 2018. The band said this move was in direct violation of their settlement and they responded with a lawsuit for breach of contract.

In Silveria’s countersuit, he claims he was unaware of a 2003 partnership agreement with SoundExchange and that the negotiations for their 2016 settlement “omitted any reference” to it. He also claims “The Settlement Agreement was also silent on the issue of how SoundExchange royalties were to be apportioned.” Silveria is suing for breach of contract, etc. and is seeking damages in excess of $750,000. He also commented on the situation via Facebook:

“This is the only time I’m going to post on this. Yes I found out I was being stolen from. Click on the link of our original partnership agreement.You can clearly read everything is split 20% all across the board. This is not about the individual band members. For all I know they may have not even known about this theft.

I feel so lucky that the 5 of us came together when we did. If it weren’t for the fans we would have just been guys playing in a rehearsal studio. But thanks to the fans around the world, we got to tour all over the world playing for millions of fans. Because of the fans my childhood dream became my reality. I will be forever grateful for that. This is all about business. I only want what I’m rightfully owed and thats it. I have no hard feelings towards any of the guys. We were brothers once and I love them all.”

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