Breaking Benjamin frontman Ben Burnley has filed a lawsuit claiming that he should have sole ownership of the band's name after firing guitarist Aaron Fincke and bassist Mark Klepaski over their involvement in an unauthorized remix of one of the group's songs. According to the Citizens' Voice Of Wilkes-Barre, Burnley fired Fincke and Klepaski after learning that they struck an agreement with the group's label, Hollywood Records, to release a new version of "Blow Me Away" on a greatest hits collection.
Burnley seeks at least $250,000 in damages and the exclusive rights to the Breaking Benjamin name. Fincke and Klepaski -- who perform under the names Aaron Fink and Mark James -- deny Burnley's claims and management has offered no comment. A local judge in the Wilkes-Barre, Pennsylvania area, where the band originally comes from, has ordered arbitration.
Burnley fired his bandmates via email in May when he learned about the remix, which added female vocals. The track is set to be included on Shallow Bay -- The Best Of Breaking Benjamin, due out August 16th.
The singer, who founded the group and writes all the songs, claims that Fincke and Klepaski approved the new version of the song without his consent.
Burnley's attorneys claim that the two musicians authorized the remix when the label offered $100,000. According to Burnley's legal team, neither he, the band's management, nor its lawyer were informed of the offer.
Fincke and Klepaski's lawyers claim that Burnley's power to fire the band's members was rendered invalid when he told them in June 2010 that he was ill and no longer able to perform live.
Burnley told us while touring behind the band's last album, 2009's Dear Agony, that years of alcohol abuse had taken their toll: "Unfortunately, I've been left with some health issues from it, so that's the downside to it. Those things are permanent and things I'll have to live with for the rest of my life."
Burnley claims that he suffers from chronic fatigue syndrome and neurological damage as a result of his alcoholism. He got sober in 2008.
Burnley issued a letter to fans on Monday (August 1st), saying, "The upcoming 'Greatest Hits' album is being conceptualized and released without my approval or consent," adding that the new version of "Blow Me Away" was "altered and vocals were added to the existing song without my knowledge or consent."