June 1, 2010 3:02 PM

Carly Simon Sues Starbucks Over Album Deal

(AP)  Singer Carly Simon is suing Starbucks Corp., saying the coffee company's now-defunct music venture didn't adequately promote her 2008 album, dooming the record before it was even released.

The singer, whose biggest success came during the 1970s and '80s with hits like "You're So Vain" and "Anticipation," is seeking unspecified damages related to the release of the 14-track "This Kind of Love" in April 2008.

In a lawsuit filed Friday with California's Los Angeles County Superior Court, Simon and her attorneys said the album wasn't available in "a substantial number" of Starbucks stores during the key early months following its release. Later, when the disc was stocked in Starbucks locations, the Seattle-based company slashed the price.

"By doing so, Starbucks stigmatized Ms. Simon's album as an album that could not be sold at full price," according to the claim.

In a statement issued Monday, Starbucks said it met all its contractual obligations and even extended the amount of time it promoted the album in New York and Boston.

"Unfortunately, sales continued to lag as the title received tepid response from music consumers," Starbucks said. "Other retailers faced the same fate with this CD."

Simon blamed the performance of the title, which has sold only 124,000 copies, according to The New York Times, which first wrote about the litigation on a decision by Starbucks days before the album's release to end its involvement in Hear Music, a joint venture with Concord Music.

Simon's next record, "Never Been Gone" is scheduled to be released later this month by Iris Records.

Starbucks shares rose 29 cents, or 1.4 percent, to $20.53 in morning trading Monday.

© 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment
by JayAdlerMusic October 13, 2009 12:59 AM EDT
As a music critic I run into these situations where our much loved recording artists of the past seem to be determined not to necessarily revive but to continue their careers absent a reality check. Incidentally, Sir Paul McCartney also entered into contract with the coffee shop and fundamentally realized the same fate. If you look at the dollar amount of Carley's deal, it is somewhat miniature for modern times. I saw her ex James Taylor at the Garden in 1971. I first started listening to Anticipation and the much analyzed (Warren Beatty?) signature song "You're so Vain" though long ago and far away. Honestly that was 40 years ago. Two suggestions, the oldies tour has Eddie Money who still can handle it and reconfigured groups who the fans still love. Then there is executive work that someone who certainly understands the music business can seamlessly flow into. Listen I was born in 1951 and did not retire, rather than face the inevitability of maturity I started a business.Filing a law suit will not regain recognition nor recapture the fountain of youth.
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by jessue October 12, 2009 11:08 PM EDT
Carla !! Come on now ! "You're So Vain !" I think you are suffering from over , "Anticipation !"
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by scubbasteve01 October 12, 2009 4:17 PM EDT
Come on! You're supposed to sell coffee not music! Is that why the Starbucks APP doesn't work?
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