Former KoRn drummer David Silveria countersues band in royalty dispute

Posted by on March 25, 2019

Former KoRn drummer David Silveria is countersuing his former band over royalties he claims are owed to him. Silveria was the original drummer and one of the founding members of the nu metal group. However, he left shortly after 2005’s See You on the Other Side for a self imposed hiatus and was officially replaced by Ray Luzier in 2009.

The problems started in 2015 when Silveria claimed entitlement to royalties claiming that he never relinquished his “ownership interest” in the band. There was a settlement in which the group is said to have paid Silveria a lump sum of money and in return he would give up any claim to any future royalties earned by KoRn.

Soon after the settlement, Silveria approached the company in charge of paying out royalty money to KoRn, claiming once again that he was owed back royalties. The company, SoundExchange, stepped away from the dispute altogether deciding to stop all royalty payouts to KoRn until the matter was resolved. This prompted KoRn to file a countersuit against Silveria for lost revenue estimated to total nearly $300,000 and claiming that Silveria was in direct breach of the settlement agreement.

Silveria is now claiming that the settlement agreement made no reference to a relationship between KoRn and SoundExchange and says he knew nothing about any royalties coming from that relationship when he entered into the settlement with his former band.

According to the Blast, Silveria is now suing for breach of contract and asking for $750,000 in damages.

Silveria also had some personal gripes, on social media and interviews he talked about the fact that the band would not accept him back when he was ready to return, but were willing to accept Brian “Head” Welch back into the band after he left the year before Silveria departed. Silveria expressed that he would rejoin the band for the Rock & Roll Hall of Fame induction ceremony. Unfortunately, for Silveria, he was not asked to rejoin the band for the 20th anniversary of their self titled debut album. KoRn celebrated by announcing plans to perform the LP in its entirety during select dates back in 2015. We will keep a close eye on these goings on so check back often.

Silveria issued the following statement on Facebook as well as sharing the Blast article:

“This is the only time I’m going to post on this. Yes I found out I was being stolen from. Click on the link of our original partnership agreement.You can clearly read everything is split 20% all across the board. This is not about the individual band members. For all I know they may have not even known about this theft. I feel so lucky that the 5 of us came together when we did. If it weren’t for the fans we would have just been guys playing in a rehearsal studio. But thanks to the fans around the world, we got to tour all over the world playing for millions of fans. Because of the fans my childhood dream became my reality. I will be forever grateful for that. This is all about business. I only want what I’m rightfully owed and thats it. I have no hard feelings towards any of the guys. We were brothers once and I love them all.”

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