05/11/1999: MJIFC has received the following fax communication from MJJ Productions:

A court in Rome found today that Michael Jackson was guilty of plagiarizing Italian singer Al Bano's song, "I Cigni di Balaka." However, the court rejected Al Bano's request for approximately $3,000,000.00 in damages, and instead assessed a fine of $3,000.00, which was immediately suspended (meaning that Jackson does not have to pay the fine). The court ordered that Jackson pay legal expenses of approximately $10,000.00.

Jackson's attorney, Eve Wagner, commented on the verdict against Michael Jackson in the criminal copyright case in Rome involving the song "Will You Be There", by stating:

"The judge's ruling is totally erroneous and a miscarriage of Justice. There was not a shred of evidence supporting a finding of plagiarism. The prosecution failed to prove every element of its case - originality of music, access, copyright or intent. The judge excluded overwhelming evidence showing lack of originality of Al Bano's song." Moreover, pursuant to Italian criminal law, Jackson was not even allowed to testify under oath, but only permitted to make a brief statement denying plagiarism. Even the expert witness appointed by the judge himself, Silvano Bussotti, had given the following opinion: 'The conclusion I have reached is an extremely simple one: I think there is absolutely nothing that can be found that could be called plagiarism' and 'we can affirm with undeniable certainty that (Will) owes absolutely nothing to Albano Carrisi's song.' Moreover, a three judge panel in a parallel civil case involving the same songs found in Jackson's favor in January 1998, and ordered that Al Bano pay Jackson's legal expenses."

"The judge ingored not only all of the evidence presented by Jackson, but also the opinion of his own expert and the ruling in Jackson's favor by the three judges in the civil cases. This further highlights the unjust result in this case. It escapes me how a judge can find Jackson guilty when he was already found not guilty by a civil court. The decision is a travesty."

"Jackson plans to immediately file an appeal, and we are confident that this decision will be reversed".

Wagner also commented that Jackson has won each and every previous copyright case brought against him (4 out of 4), and she is confident that Jackson will ultimately prevail in the case as well.

[Source: MJJ Productions fax communication to MJIFC]

NOTICE: MJJ Productions has sent this communication to MJIFC strictly to be published by the MJIFC. Please be advised that copying or reproduction of any part of this release is strictly prohibited. You are welcome to link to this page from your web site. Thank you.

A related press release of a court ruling in Michael Jackson's favor is available here.

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