On 18 April 2006 we published news of concern and actions being taken by ETAs in the light of news reports that Robert Sillerman may be moving to licence or regulate ETAs. Sid Shaw who operates Elvisly Yours in the UK believes we misrepresented his legal battle with EPE. Opposite: Sid Shaw & EPE's Jack Soden in happier times   In an illuminating article circulated in his monthly Elvisly Yours Cyberclub newsletter, Sid writes:

Mr. Sillerman is a billionaire, a shrewd businessman and he is not stupid. Although, I have no idea who is advising him because, so far, everything he has done in the Elvis World has been to upset his core customers, Elvis fans, by marketing Elvis rubber ducks, Elvis rubber face masks, Elvis bobble-heads, tacky jumpsuits, evicting the last independent stores at Graceland and now he is hinting at banning ETAs.

I sued Elvis Presley Enterprises Inc in the UK High Court and Court of Appeals and beat them in landmark legal battles in 1997 and 1999 canceling their trade marks and making Elvis Presley public domain in this country. If I hadn’t succeeded Elvis fans in Britain and Europe would find life a lot tougher and be controlled like they are in America having to pay to use the name Elvis even for their charity fund-raising efforts. ETAs in the UK are free to carry on their work and perform Elvis tributes without threats from EPE. Likewise for Europe and the British Commonwealth.

In America, the US Constitution’s Bill of Rights states :

Amendment 1:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances

In simple language, Elvis fans have the right to assembly and freedom of speech. They can gather in theatres, conventions, other venues and sing Elvis songs led by an ETA, dressed like Elvis and these facts seem to be a Constitutional Right protected by the 1st Amendment of the US Constitution. There are even Elvis Churches in America that clearly would be protected by the 1st Amendment. ETAs could declare themselves Ministers of an Elvis Church and then what would EPE do? The love for Elvis Presley and their devotion to his memory for many fans is almost religious.

Then, there is the matter of anti-trust ! Under US Law it is illegal to operate a monopoly and I do not understand why Bill Gates has been sued by the US Government for monopolistic actions but not EPE. They have the most powerful monopoly in America claiming control over everything associated with the name, image and likeness of the world’s most famous entertainer, Elvis Presley. It is a very powerful monopoly that claims it will try and stop Elvis Tribute Artists carrying on their profession, some after 30-40 years of performing. After I lost to EPE in the US lawsuit I was advised by a famous lawyer “Racehorse Haines” to sue EPE under anti-trust laws and he believed I would win but I just did not have the funds to fight such a case. EPE has yet to be challenged in the USA under anti-trust laws. There are Employment Laws that protect workers to carry on their trade or profession. There are Common Law Rights and “Rights of Statute”. EPE, 29 years after Elvis’ death, cannot come along and stop ETAs performing. ETAs that have been performing for years without any interference means EPE would be out of time (Right of Statute) even if they could surmount all the other legal hurdles they face.

“Legends in Concert” logo	Tony Roi, far right with American Airlines aircrew and other stars from Legends in Concert

In Nevada I was very friendly in the 1980’s and early 1990’s with the founder, John Stuart, of the fabulous show featuring ‘Elvis’ called “Legends in Concert”. I used to take our fan club members to Vegas and always saw his Show. We were always warmly welcomed and treated fabulously with fans mingling with the stars and having their photo taken after the Show. John Stuart lobbied to get laws passed in Nevada to protect the rights of Tribute Artists. His lawyer at the time was Mark Tratos who still practices law in Las Vegas and is probably America’s leading expert on Entertainment Law relating to Elvis Presley Tribute Performances.

Incidentally, John told me he used to pay EPE $10,000.00 a year to have ‘Elvis’ in his show just to get EPE off his back (‘protection money’ he called it). He then decided to take the Show on the road in the late 1980’s and was sued by EPE for having ‘Elvis’ in a “Legends in Concert” Show in New York. He complained to EPE that he had a contract with them and they said they would tear the contract up. If he fought them, at the Final Appeal, he could probably win but he would be bankrupted before he got there. John defended the lawsuit in New York State and received the most bizarre injunction probably ever issued in America. The Injunction stated Tony Roi, the ETA, could not look like, dress like, move like or sing like Elvis, so he went on stage in a tuxedo and sang Elvis songs standing absolutely straight. John did not pursue the case to the Appeals Court but would have won. He still had to pay $70,000.00 in legal costs.

Then there is the little matter of competing Casinos in Las Vegas. Many Casinos and clubs have made $millions over the years from running Elvis Shows and Conventions with ETA Contests. Why should they suddenly be stopped from performing Elvis Shows because there is a ‘new kid’ in town, Bob Sillerman? They will fight him every step of the way.

One final thought is about all the thousands of people that have received employment from the tens of thousands of Elvis Tribute Shows that have been staged for over 30 years in America. Any musician, any singer, any promoter and any others connected with staging Elvis tribute shows could rightfully sue EPE in a lawsuit or class action lawsuit (they group together to sue) for loss of income, interfering with their contractual obligations, infringement of trade etc, etc.

Sadly, when I was sued by EPE in the USA in 1985 not one Elvis fan, not one Elvis fan club, not one dealer, Elvis store, friend of Elvis, nor family member gave evidence in my defence. When I lost ALL of the American Elvis World lost and now they are suffering for not supporting me when I stood alone against the might of EPE. Elvis Tribute Artists must band together and form a “UNION of ELVIS TRIBUTE ARTISTS”. Remember ‘united we stand and divided we fall’ and an EPE attack on anyone ETA would be supported by the entire Union.

Apparently, billionaire Robert Sillerman, was named the bronze winner for “the worst person in the world” contest on the American NBC TV show called Countdown with Keith Obermann, for April 24^th. Obermann said on air that Sillerman has no control over impersonators in Europe (thanks to Elvisly Yours, my comment) and suggested there could be a mass Elvis flight, with expatriates in Paris or this could be the dawn of the 'Elvis Speakeasy' in America.

Visit the world famous "Elvisly Yours" website

Quote:"Elvis Presley is the supreme socio-cultural icon in the history of pop culture"

(Dr. Gary Enders)

Quote:"Elvis is the 'glue' which holds our society together....which subconciously gives our world meaning"

(Anonymous)

Quote:"Eventually everybody has to die, except Elvis"

(humorist Dave Barry)

Quote:"He is the "Big Bang", and the universe he detonated is still expanding, the pieces are still flying"

(Greil Marcus, "Dead Elvis")

Quote:"I think Elvis Presley will never be solved"

(Nick Tosches)

Quote:"He was the most popular man that ever walked on this planet since Christ himself was here"

(Carl Perkins)

Quote:"When I first heard Elvis' voice I just knew I wasn't going to work for anybody...hearing him for the first time was like busting out of jail"

(Bob Dylan)

Quote:"When we were kids growing up in Liverpool, all we ever wanted was to be Elvis Presley"

(Sir Paul McCartney)

Quote:"You can't say enough good things about Elvis. He was one of a kind"

(Johnny Cash)

Quote:"And don't think for one moment he's just a passing fancy....he's got enough of it to keep him on top for a long time"

(R. Fred Arnold, Fury magazine, Aug 1957)

Quote:"It isn't enough to say that Elvis is kind to his parents, sends money home, and is the same unspoiled kid he was before all the commotion began. That still isn't a free ticket to behave like a sex maniac in public"

(Eddie Condon, Cosmopolitan)

Elvis records reaching #2 & #3 on the Cashbox Pop Singles chart:

#2: A Fool Such As I (1959)#2: A Big Hunk Of Love (1959) #3: Hard Headed Woman (1958)#3: One Night (1958)

#3: (You're The Devil) In Disguise (1963)

Elvis Facts:

Tickets for Elvis' show on March 29, 1957 in St. Louis cost $2.00 to $2.50While in Germany Elvis was hospitalised with tonsillitis in October 1959Despite being an illegal immigrant, photographic evidence shows Colonel Tom Parker traveled to Canada with Elvis in 1957 Elvis strongly believed there weren't enough good songs in King Creole to justify releasing a soundtrack album. RCA initially agreed, releasing two very successful EPs from the movie. A soundtrack LP eventually followedDuring the 1960s Elvis had his own football team, Elvis Presley Enterprises, which played in the Menphis touch football league. In the 1962 final, EPE narrowlt lost to Delta Automatic Transmission. 6-13In Clambake, (Elvis) Scott Hayward's driving licence shows February 23, 1940...taking 5 years off Elvis' real ageIn the 1970s Elvis was ofered $5m to stage a concert in front of the Pyramids in Egypt. When the Colonel declined the offer, Saudi billionaires raised the offer to $10m