Breaking Benjamin has been broken over a song dispute.

The dispute, over a new recording of the band's hit song "Blow Me Away", erupted in May when lead singer Benjamin Burnley fired the bandmates, guitarist Aaron Fincke and bassist Mark Klepaski, via e-mail.

Burnley detailed his side of the dispute in a June court filing, saying Fincke and Klepaski made unilateral and unauthorized decisions on behalf of the band, including giving permission in May for the new recording and remix of "Blow Me Away" without his consent. Burnley, through his attorneys, said Fincke and Klepaski approved the revised version of the song, for use on greatest hits album slated for release Aug. 16, after their record company offered a $100,000 payment. At no time, Burnley said, did Fincke and Klepaski or their representatives inform him, the band's lawyer or management that the offer was even made.

In a July court filing, attorneys for Fincke and Klepaski - known professionally as Mark James and Aaron Fink - said they "dispute and strictly deny" Burnley's allegations. At issue, the attorneys said, is the validity of a January 2009 partnership agreement giving Burnley permission to dismiss Fincke and Klepaski for "cause." The agreement, the attorneys for Fincke and Klepaski said, was invalid after Burnley told his bandmates in June 2010 that he was ill and could no longer perform live concerts. Around the same time, the attorneys said, Burnley refused to perform at a concert in Vancouver, B.C. and has appeared on stage only twice since.

 

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