Rock band Poison sues label over royalties

Musicians say Capitol Records didn't cooperate with audit

Gus Ruelas / AP

Members of the rock group Poison are asking a judge to order Capitol Records to allow a full accounting review to determine how much money they are owed. C.C. DeVille and Bret Michaels are seen here performing in 2007.

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updated 7:40 p.m. ET June 19, 2008

LOS ANGELES - Members of the rock band Poison claim their recording label has consistently underpaid royalties to the group throughout their career, according to a lawsuit.

The suit, filed Wednesday against Capitol Records and EMI Music Marketing, says the companies breached contracts with the band by improperly categorizing certain record sales and miscalculating everything from producer royalties to foreign taxes.

According to the band's lawsuit, they signed a contract with Enigma Records in 1986, which later transferred control to Capitol Records.

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A representative for Capitol and EMI did not immediately return a phone message seeking comment Thursday.

The group claims it tried to audit the band's records kept by Capitol, but the firm didn't fully cooperate.

The band stated in its lawsuit that it cannot determine how much money it is owed and asked a judge to order Capitol Records to allow a full accounting review of the band's records.

Poison gained fame in the late 1980s and early '90s, recording hits such as "Every Rose Has Its Thorn" and "Talk Dirty to Me."