Last week jury awarded Quincy Jones $9.42 million in damages in the breach of contract and royalties case Quincy Jones filed against MJ Estate. (His claims against Sony are still pending.). The jury had to answer a very detailed verdict form that consisted of 28 questions. In this post, you will find verdict form questions, jury’s answers and damages awarded.
| Question 1 | Did Quincy Jones and MJJ Productions enter into a 1978 producer agreement? |
| Jury Answer | Yes |
| Question 2 | Is MJJ productions nonetheless bound by the 1978 producer agreement? |
| Jury Answer | Yes |
| Question 3 | Do any of the following contain re-mixes or re-edits of the master recordings produced by Quincy Jones under the 1978 producer agreement? |
| A. The movie "This Is It" | |
| Jury Answer | Yes |
| B. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | Yes |
| C. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | Yes |
| D. The album "IMMORTAL" | |
| Jury Answer | Yes |
| Question 4 | Under the 1978 producer agreement, was Quincy Jones's right of first opportunity to perform re-mixes or re-edits limited to only those situations where Sony required the re-mix or re-edit of master recordings from "Off the Wall" or "Thriller"? |
| Jury Answer | Yes |
| Question 5 | For the projects listed below that you found in Question 3, contain re-mixes or re-edits, did Sony require the re-mixing or re-editing of master recordings from "Off the Wall" or "Thriller"? |
| A. The movie "This Is It" | |
| Jury Answer | Yes |
| B. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | Yes |
| C. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | Yes |
| D. The album "IMMORTAL" | |
| Jury Answer | Yes |
| Question 6 | For the following projects, did Quincy Jones waive the right to have the first opportunity to create re-mixes or re-edits of master recordings from "Thriller" and/or "Off the Wall"? |
| A. The movie "This Is It" | |
| Jury Answer | No |
| B. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | No |
| C. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | No |
| D. The album "IMMORTAL" | |
| Jury Answer | No |
| Question 7 | Did MJJ Productions fail to provide Quincy Jones with the first opportunity to re-mix or re-edit master recordings from "Off the Wall" and "Thriller" under the 1978 producer agreement on any of the following projects: |
| A. The movie "This Is It" | |
| Jury Answer | Yes |
| B. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | Yes |
| C. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | Yes |
| D. The album "IMMORTAL" | |
| Jury Answer | Yes |
| Question 8 | Was Quincy Jones harmed by MJJ Productions' failure to give him the first opportunity to create re-mixes or re-edits under the 1978 producer agreement? |
| Jury Answer | Yes |
| Question 9 | Are the following projects considered records as used by the 1975 or 1981 recording agreements: |
| A. The movie "This Is It" | |
| Jury Answer | No |
| B. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | No |
| C. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | No |
| Question 10 | Did MJJ productions fail to pay Quincy Jones royalties due to him under the 1978 producer agreement on the following projects: |
| A. The movie "This Is It" | |
| Jury Answer | No |
| B. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | No |
| C. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | No |
| Question 11 | Under the 1978 producer agreement, is Quincy Jones entitled to a share of money from the 2009 joint venture agreement between Michael Jackson and Sony in addition to monies previously paid to Quincy Jones? |
| Jury Answer | Yes |
| Question 12 | Under the 1978 producer agreement, did MJJ Productions fail to pay Quincy Jones a share of the money of the 2009 joint venture agreement between Michael Jackson and Sony in addition to monies previously paid to Quincy Jones? |
| Jury Answer | Yes |
| Question 13 | Under the 1978 producer agreement, is Quincy Jones entitled to a share of SoundExchange, foreign public performance income, and foreign income tax deductions? |
| Jury Answer | No |
| Question 14 | Under the 1978 producer agreement, did MJJ Productions fail to pay Quincy Jones a share of SoundExchange, foreign public performance income, and foreign income tax deductions? |
| Jury Answer | Jury skipped this question as they answered “No” to Question 13 |
| Question 15 | Did Quincy Jones and MJJ Productions enter into a 1985 producer agreement? |
| Jury Answer | Yes |
| Question 16 | Do any of the following contain re-mixes or re-edits of the master recordings produced by Quincy Jones under the 1985 producer agreement: |
| A. The movie "This Is It" | |
| Jury Answer | Yes |
| B. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | Yes |
| C. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | Yes |
| D. The album "IMMORTAL" | |
| Jury Answer | Yes |
| E. The album "Bad 25th Anniversary Edition" | |
| Jury Answer | Yes |
| Question 17 | Under the 1985 producer agreement, was Quincy Jones's right of first opportunity to perform re-mixes or re-edits limited to only those situations where Sony or MJJ Productions required the re-mix or re-edit of master recordings from "Bad"? |
| Jury Answer | Yes |
| Question 18 | For the projects listed below that you found in Question No. 16 contained re-mixes or re-edits, did Sony or MJJ Productions require the re-mixing or re-editing of master recordings from "Bad? |
| A. The movie "This Is It" | |
| Jury Answer | Yes |
| B. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | Yes |
| C. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | Yes |
| D. The album "IMMORTAL" | |
| Jury Answer | Yes |
| E. The album "Bad 25th Anniversary Edition" | |
| Jury Answer | Yes |
| Question 19 | For the following projects, did Quincy Jones waive the right to have the first opportunity to create re-mixes or re-edits of master recordings from "Bad"? |
| A. The movie "This Is It" | |
| Jury Answer | No |
| B. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | No |
| C. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | No |
| D. The album "IMMORTAL" | |
| Jury Answer | No |
| E. The album "Bad 25th Anniversary Edition" | |
| Jury Answer | No |
| Question 20 | Did MJJ Productions fail to provide Quincy Jones with the first opportunity to re-mix or re-edit master recordings from "Bad" under the 1985 producer agreement on any of the following projects: |
| A. The movie "This Is It" | |
| Jury Answer | Yes |
| B. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | Yes |
| C. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | Yes |
| D. The album "IMMORTAL" | |
| Jury Answer | Yes |
| E. The album "Bad 25th Anniversary Edition" | |
| Jury Answer | Yes |
| Question 21 | Was Quincy Jones's harmed by MJJ Productions' failure to give him the first opportunity to create re-mixes or re-edits under the 1985 producer agreement? |
| Jury Answer | Yes |
| Question 22 | Are the following projects -- are the following projects considered videoshows under the 1985 producer agreement |
| A. The movie "This Is It" | |
| Jury Answer | Yes |
| B. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | No |
| C. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | No |
| Question 23 | Did MJJ Productions fail to pay Quincy Jones on the following projects as videoshows under the 1985 producer agreement? |
| A. The movie "This Is It" | |
| Jury Answer | Yes |
| B. Cirque live show "Michael Jackson: The IMMORTAL World Tour" | |
| Jury Answer | No |
| C. Cirque live show "Michael Jackson: ONE" | |
| Jury Answer | No |
| Question 24 | Under the 1985 producer agreement, is Quincy Jones entitled to a share of money from the 2009 joint venture agreement between Michael Jackson and Sony in addition to monies previously paid to Quincy Jones? |
| Jury Answer | Yes |
| Question 25 | Under the 1985 producer agreement, did MJJ Productions fail to pay Quincy Jones a share of money from the 2009 joint venture agreement between Michael Jackson and Sony in addition to monies previously paid to Quincy Jones? |
| Jury Answer | Yes |
| Question 26 | Under the 1985 producer agreement, is Quincy Jones entitled to a share of SoundExchange, foreign public performance income, and foreign income tax deductions? |
| Jury Answer | Yes |
| Question 27 | Under the 1985 producer agreement, did MJJ Productions fail to pay Quincy Jones a share of SoundExchange, foreign public performance income, and foreign income tax deductions? |
| Jury Answer | Yes |
| Question 28 | Jury Award | |
| A. | What is the amount that you find that MJJ Productions agrees is owed under the 1978 and 1985 producer agreements? (Note: This is the amount Estate expert testified that Estate owes Quincy) | $392,895 |
| B. | If you answered "Yes" to Question No. 8, what are Quincy Jones's damages, if any, from MJJ Productions' failure to provide him with the first opportunity to re-mix or re-edit the masters recording produced under the 1978 producer agreement? | $745,640 |
| C. | If you answered "Yes" to Question No. 21, what are Quincy Jones's damages, if any, from MJJ Productions' failure to provide him with the first opportunity to re-mix or re-edit the master recordings produced under the 1985 producer agreement? | $828,488 |
| Re-mix or re-edit total | 1,574,128 | |
| D. | If you answered "Yes" to Question No. 10, what are Quincy Jones's damages, if any, for the following projects under the 1978 producer agreement which covers the albums "Off the Wall" and "Thriller : | |
| A. The movie "This Is It." | $0 | |
| B. Cirque “The IMMORTAL World Tour." | $0 | |
| C. Cirque "Michael Jackson: ONE." | $0 | |
| Royalties under 1978 agreement total | $0 | |
| E. | If you answered "Yes" to Question No. 23, what are Quincy Jones's damages, if any, for the following projects under the 1985 producer agreement which covers the album "Bad"? | |
| A. The movie "This Is It." | $1,960,167 | |
| B. Cirque “The IMMORTAL World Tour." | $0 | |
| C. Cirque "Michael Jackson: ONE." | $0 | |
| Videoshows total | $1,960,167 | |
| F. | If you answered "Yes" to Question No. 12, what are Quincy Jones's damages, if any, under the 1978 producer agreement, for a share of money from the 2009 joint venture agreement between Michael Jackson and Sony in addition to monies previously paid to Quincy Jones? | $3,705,819 |
| G. | If you answered "Yes" to Question No. 25, what are Quincy Jones's damages, if any, under the 1985 producer agreement for a share of money from the 2009 joint venture agreement between Michael Jackson and Sony in addition to the monies previously paid to Quincy Jones? | $1,609,968 |
| 2009 Joint Venture Total | $5,315,787 | |
| H. | If you answered "Yes" to Question No. 13, what are Quincy Jones's damages, if any, for SoundExchange, foreign public performance income, and foreign income tax deductions under the 1978 producer agreement? | $0 |
| I. | If you answered "Yes" to Question No. 27, what are Quincy Jones's damages, if any, for SoundExchange, foreign public performance income, and foreign income tax deductions under the 1985 producer agreement? | $180,718 |
| SoundExchange, foreign income total | $180,718 | |
| TOTAL DAMAGES | $9,423,695 |
As a comparison below you can find the number from Quincy Jones Expert Report on Damages based on May 2016 revision and August 2016 Supplemental Report. Unfortunately these are organized differently than the verdict form. That makes direct comparison impossible.
Note: These number may have been revised up until trial and some might be demanded from Sony. During the opening statements Jones's lawyer said Jones was owed $30 million.
| Quincy Jones Expert Report on Damages as of August 2016 | ||
| 1. | Foreign Rates 2001 Artist Agreement | $401,209 |
| 2. | Participation Percentage | $194,403 |
| 3. | Remix fees | $4,845,000 |
| 4. | Audiovisual configuration reduction | $148,575 |
| 5. | Permanent digital downloads | $4,778,938 |
| 6. | Ringtones | $285,558 |
| 7. | Subscription income – Zero royalty | $89,165 |
| 8. | Subscription income – USA and Foreign | $1,215,898 |
| 9. | Coupling/Medleys – Immortal | $110,656 |
| 10. | Markups | $169,907 |
| 11. | Album free goods | $136,338 |
| 12. | Failure to report royalties – videos | $282,928 |
| 13. | Litigation settlements | To be determined |
| 14. | Public performance and broadcast income | $465,426 |
| 15. | SoundExchange | $490,107 |
| 16. | This is it | $462,284 |
| 17. | This is it Synchronization Fees | $3,998,793 |
| 18. | Ancillary income | $10,815 |
| 19. | Foreign Income Taxes | $111,644 |
| 20. | Master use licenses- 2009 JV Amendment | $1,158,678 |
| 21. | Joint Venture Profits | $6,075,186 |
| 22 | Joint Venture Profits – This is it | $569,548 |
| 23. | Compact Disc Reduction | $1,894,672 |
| S1 | Unpaid Royalties on MJ net receipts from This is it | $11,319,094 |
| Total | $37,320,150 |