Five former members of Cradle Of Filth, Zoë Federoff, Marek “Ashok” Smerda, Lindsay Schoolcraft (Lindsay Matheson), Richard Shaw, and Paul Allender, and a music video star, Sasha Massacre (Sasha Baxter), have filed a lawsuit against the band, frontman Dani Filth (Daniel Lloyd Davey), and The Oracle Management. The musicians made the move over alleged copyright infringement, unjust enrichment, etc.
“This action arises out of: the unauthorized use and ongoing commercial exploitation of all Plaintiffs’ likenesses and images in merchandise, unpaid royalties owed to Plaintiff Federoff and Plaintiff Smerda for live performances, and unpaid royalties owed to Plaintiff Federoff, Plaintiff Smerda, and Plaintiff Matheson for their performances in musical sound recordings, the unauthorized use of Plaintiff Matheson’s copyrighted works by
Defendants, the disparagement of Plaintiff Federoff and Plaintiff Smerda following their discontinuation of involvement with Defendants, unjust enrichment from Plaintiff Baxter’s performances in music videos, and unjust enrichment from the commercial exploitation of Plaintiff Federoff and Plaintiff Smerda at in-person events (i.e., meet and greets).
Cradle of Filth is a music group that has been performing, recording, and releasing heavy metal music, including a wide range of sub-genres of heavy metal, since in or about 1991.
Prior to the events of this Complaint, Plaintiffs Federoff, Smerda, Matheson, Allender and Shaw composed, recorded and performed with Cradle of Filth extensively over many years.
Throughout this time, Plaintiffs never signed or executed any agreement with Defendants regarding the use of Plaintiffs’ names, likenesses, and images on Merchandise.
Defendants created a wide variety of Merchandise featuring Plaintiffs’ names, likenesses, and/or images.
Plaintiffs were not compensated for the use of their names, likenesses, and/or images in Merchandise produced and sold by Defendants.
Plaintiffs Federoff, Smerda, Matheson, Allender and Shaw, together with Defendants Davey and/or Cradle of Filth, composed and contributed their performances to multiple commercially released sound recordings, specifically including the Recordings.
Throughout this time, Plaintiffs Federoff, Smerda, and Matheson, never signed or executed any agreement with Defendants regarding the performances by Plaintiffs Federoff, Smerda, and Matheson in collaborative sound recordings.
Plaintiffs Smerda, Shaw, and Matheson were not compensated for their performances in sound recordings on the 2017 Release.
Plaintiffs Smerda and Shaw were not compensated for their performances in sound recordings on the 2021 Release.
Plaintiffs Smerda and Matheson were not compensated for their performances in sound recordings on the 2023 Release.
Plaintiff Shaw was compensated for his performances in sound recordings on the 2023 Release by Defendant Cradle of Filth, Touring Entity, Oracle, and/or Davey, in the amount of five hundred British pounds (£500).
Plaintiffs Federoff and Smerda were not compensated for their performances in sound recordings on the 2025 Release.
Throughout this time, Plaintiff Federoff and Plaintiff Smerda never signed or executed any agreement with Defendants regarding the use of Plaintiffs’ names, likenesses, related to meet and greets.
In 2014, Plaintiff Matheson created certain copyright works, the Sigils.
Following the creation of the Sigils, Plaintiff Matheson never granted the rights or otherwise authorized the use of the Sigils by Defendants.
Defendants used, and continue to use, the Sigils in merchandise, Sigil Merchandise, artwork, and for other commercial uses, without Plaintiff Matheson’s authorization.
Plaintiff Baxter performed in two Music Videos synchronized to sound recordings, which Defendants organized, produced, and commercially exploited.
Defendants did not compensate Plaintiff Baxter for the performances in the Music Videos.
Following Plaintiff Baxter’s performance in the music videos, Defendants produced and sold Merchandise featuring Plaintiff Baxter’s likeness, without any authorization.
After years of collaboration with Plaintiffs Smerda and Federoff, Defendant Davey offered to enter into a contract with them regarding the exclusive rights to their likenesses and images, their performances in sound recordings, and their rights regarding meet and greets.
Prior to this, Plaintiffs Smerda and Federoff were not offered to enter into a contract regarding their exclusive rights to Plaintiffs’ likenesses and images, their performances in applicable sound recordings, and their rights regarding meet and greets.
Plaintiffs Smerda and Federoff considered the offered contract terms highly unfavorable and declined to enter into the agreement.
The collaboration and association between Plaintiffs Smerda and Federoff, Defendant Davey and/or Cradle of Filth ended in or about August of 2025.
Following the disassociation of Plaintiff Smerda and Plaintiff Federoff from Defendants Davey and/or Cradle of Filth, Defendants did not compensate Plaintiff Smerda and Plaintiff Federoff and Smerda for the final live performances with Defendants Davey and/or Cradle of Filth.
Following the end of the collaboration and association of Plaintiff Smerda and Plaintiff Federoff with Defendants Davey and/or Cradle of Filth, Defendants have continued to commercially exploit and profit from Plaintiff Smerda’s and Plaintiff Federoff’s likenesses and images in Merchandise and their performances in sound recordings.
Following the end of the collaboration and association of Plaintiffs Federoff, Smerda, Shaw, and Matheson with Defendants Davey and/or Cradle of Filth, Defendants have continued to commercially exploit and profit from their performances in sound recordings, specifically including the Recordings.
Following the end of the collaboration and association between Plaintiffs with Defendants Davey and/or Cradle of Filth, Defendants have continued to commercially exploit and profit from Plaintiffs’ likenesses and images in Merchandise.
Following the departure and disassociation of Plaintiffs Smerda and Federoff from Defendants Davey and/or Cradle of Filth, Defendant Davey engaged in defamatory attacks on Plaintiffs Smerda and Federoff, impugning their
professional reputations in the music industry.
Defendant Davey publicly stated that Plaintiff Federoff drank alcohol while pregnant, implying that Plaintiff Federoff’s tragic miscarriage was
caused by alcohol consumption.
This action arises out of Defendants unauthorized use and/or commercial exploitation of Plaintiffs’ likenesses and images, in Merchandise, Plaintiffs Federoff’s, Smerda’s and Matheson’s performances in the Recordings, Plaintiff Federoff’s personal property, Plaintiff Baxter’s performances in Music Videos, and Plaintiff Matheson’s copyrighted works, as well as the disparagement of Plaintiffs Federoff and Smerda following their discontinuation of involvement with Defendants.”
Metal Anarchy 
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