Six Former Cradle of Filth Members File Lawsuit Against The Band & Dani Filth

Six ex-members of Cradle of Filth are suing the band, management, and Dani Filth over likeness use, unpaid royalties, and defamation claims.

Six former Cradle of Filth members are jointly suing the band, its management, and Dani Filth, according to new filings submitted to the United States District Court for the District of Arizona.

The plaintiffs listed are Zoë Federoff, Marek “Ashok” Smerda, Lindsay Schoolcraft (Lindsay Matheson), Richard Shaw, Paul Allender, and Sasha Baxter. The defendants are Cradle of Filth LLP, Cradle of Filth Touring Ltd., Daniel “Dani” Filth, and Oracle Management.

The lawsuit, as reported by Lambgoat and spotted by fans on Reddit, focuses on the alleged commercial use of former members’ likenesses and recorded performances after they left the band. According to the complaint, Cradle of Filth merchandise, vinyl releases, posters, online listings, and paid meet-and-greet materials continued to feature the plaintiffs’ images without consent or compensation. The filing also claims that likeness-based merchandise was licensed to outside vendors and distributed through third-party retail outlets.

A licensing deal referred to as the Night Shift Master Licensing Agreement is cited in the complaint. The plaintiffs say they requested a copy but were not provided one.

Several individual claims are outlined in the documents. Lindsay Schoolcraft alleges that merchandise has been sold using her original “Sigils” artwork without authorisation. Sasha Baxter says she appeared in the music videos for ‘Malignant Perfection’ and ‘To Live Deliciously,’ was never paid for her work, and later discovered merchandise using her image from the videos being sold without her approval.

Zoë Federoff and Marek “Ashok” Smerda state that they were presented with a post-departure contract after leaving Cradle of Filth that would have granted the band exclusive control of their likenesses, recorded appearances, and revenue from VIP and meet-and-greet events featuring their names or images. The filing says both declined to sign the contract.

The lawsuit also includes a defamation claim. One section alleges that Dani Filth publicly claimed Federoff drank alcohol while pregnant and implied that a miscarriage she experienced was caused by alcohol consumption. The complaint says the statement damaged her reputation.

According to the filing, merchandise featuring the plaintiffs’ likenesses continued to be sold during touring, including at physical Cradle of Filth shows, even after objections had been raised.

It’s been a pretty drama-filled year for Cradle of Filth, with the departure of Zoë Federoff and Marek “Ashok” Smerda earlier in the year turning into a slinging match between them and Dani Filth as both parties made claims about the others’ behaviour, including Federoff sharing a “psychopathic” contract allegedly for the band that noted musicians were only being paid £200 per day they were required to perform, record or rehearse for performances. Musicians would also be paid £150 for days spent travelling. It also included a clause that should the artist terminate the agreement, or breach any provisions, they are entitled to pay Cradle of Filth up to £1 million (2,073,145.00 AUD).

No hearing date for the lawsuit has been scheduled as of yet. The case will proceed once an answer is filed and the court issues its initial scheduling order.