According to The Blast, ex-KORN drummer David Silveria has countersued the group, claiming his former bandmates owe him almost a million dollars.
The 46-year-old musician, who left KORN in late 2006, sued his former bandmates in February 2015, claiming that his exit from the group was merely a hiatus and that he was rebuffed when he tried to return to the band in 2013. Silveria said he still had ownership interest in KORN and asked a judge to force the band to reveal how much money they've made since he left so that he can get his rightful share. KORN countersued and the two sides reached an agreement in 2016 that called for Silveria to give up his rights to KORN royalties going forward in exchange for a lump sum.
But Silveria now claims his 2016 agreement with KORN "omitted any reference to the 2003 agreement between the partnership and SoundExchange," which administers royalties from non-interactive streaming recordings. "The Settlement Agreement was also silent on the issue of how SoundExchange royalties were to be apportioned."
KORN sued Silveria last month, claiming that he contacted SoundExchange in July 2018 saying he was entitled to his cut. The band said they informed Silveria that this was in direct violation of the settlement agreement he reached and to withdraw his claim to SoundExchange. Silveria apparently did not do so, causing SoundExchange to place a hold on all payouts related to KORN.
In his countersuit, Silveria claims he was unaware the band had been receiving money from SoundExchange since 2003 and alleges KORN's deal with SoundExchange was entered into without his knowledge. He claims the band concealed the deal and the payments from him and now he is after what he believes he is owed.
He is suing for breach of contract, among other things, and is asking for damages in excess of $750,000.
When Silveria sued KORN in 2015, he was said to be especially upset over the fact that the band welcomed back guitarist Brian "Head" Welch six years ago but wouldn't do the same for him. Welch left the group in 2005 and continued as a solo artist before rejoining in 2013.
KORN singer Jonathan Davis told The Pulse Of Radio that he believed Silveria had lost his passion for playing music, saying, "The first two albums, I think, he really enjoyed playing drums and then after that he just lost his love for playing drums. It happens."
David told fans in 2013 that KORN was not the same since he left, saying, "Until they have the real 'funky drummer' it's just not gonna groove the way it could. I've made it clear that I would come back and restore the groove."
Silveria recently launched a new band called BIAS. He is joined in the Orange County, California-based group by bassist Chris Dorame, guitarists Joe Taback and Mike Martin and singer Rich Nguyen.
Silveria, Dorame and Taback previously played together in CORE 10, which "imploded" last year after releasing a couple of singles and playing a number of local shows.