Singer Eddie Fisher has filed a $ 10 million lawsuit against Tower Records and the Encore label, claiming the defendants created and pirated bootleg copies of one of the crooner’s concerts on an unauthorized compact disc.
The suit, filed Monday in San Francisco Superior Court, charges Encore with commercial appropriation, invasion of privacy, fraud and intentional infliction of emotional distress.
It names Tower Records because the chain has been selling the CDs in at least one store.
Fisher’s attorney Arnie Laub said his client saw the CD for sale in a Tower outlet in San Francisco and realized he had never authorized a concert recording , other than a 1961 gig at the Winter Garden Theatre in New York.
Laub said Fisher couldn’t identify exactly which concert date he believed had been pirated, but said it might not have been a recent one.
“The bottom line is we’re trying to send a message to the recording industry that whoever these people are that are pirating records, they’re not going to be able to get away with it,” said Laub. “We’re going after them. He’s not going to roll over on these cases.”
Laub said he wasn’t sure how many of the discs were in the marketplace, nor could he discover the source of the Encore label.
“We’ve been running around trying to determine exactly what Encore is,” Laub said.
The singer, a pop star in the 1950s and ’60s with more than 20 hits, also filed for a restraining order to prohibit Tower from selling the discs.
Fisher has a press conference in San Francisco skedded today.