Breaking Benjamin Return From Hiatus After Settling a Court Dispute

Frontman Benjamin Burnley marks the group's return.

Ultimate Guitar

After announcing an indefinite hiatus in 2010, Breaking Benjamin frontman Benjamin Burnley started a court dispute with guitarist Aaron Fink and bassist Mark Klepaski over the rights to use band's moniker.

The trouble among the group's ranks sparkled after Finke and Klepaski gave Hollywood Records a permission to issue a "Blow Me Away" remix without frontman's consent. Such action resulted in Burnley firing the pair via email, as well as taking legal action, demanding at least $250,000 in damages, along with an exclusive ownership of the band name.

And now, the dispute is finally over. According to the official announcement, Burnley has retained the right over the group's name and will now continue with further work.

"The dispute between Benjamin Burnley, who is the sole founder, primary musician, singer and songwriter for the band Breaking Benjamin, and two of the band's ex-members has been resolved. Benjamin Burnley retains his right to use his band name and Breaking Benjamin will continue."

The frontman has also included his own comments on the entire matter, saying "I am pleased to finally put this matter behind me and focus on the future for Breaking Benjamin. I wish to express my never ending love and gratitude to the best fans in the world for their undying love and support. Words cannot express my love to you all! Thank you!"

Drummer Chad Szeliga has supposedly remained in good terms with Burnley and is still listed as a member of the band. The latest Breaking Benjamin release, "Dear Agony," came out in September 2009 via Hollywood Records, peaking at No. 4 on The Billboard 200 chart with 134,000 copies shipped in the US.

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    Finally! I have been waiting for this moment for a while,hopefully they will make a new album if they get some replacements. Its a shame Ben cant go over seas,me being in the UK cant see these guys live,unless i won the lottery or something,but thats not gonna happen haha! *face palm*
    Anyone want to fill me in as to why he can't go overseas?
    He's afraid of flying
    Among a shitload of other things...
    He should just take a ship over.
    sounds like travis barker.
    Well, Travis was traumatized after his accident. I don't really know why Burnley is so afraid of death though.
    i could tell you the reason its a sickness(sorry for my english) since his birth hes like this sadly
    m4ss3 m/
    Hah, weird that he is not afraid of busses too then. Cliff Burton, anyone?
    Legend Jedicsc
    Actually he is, he just knows he has to deal with it. He said so in an interview a while back.
    ....hence the album Phobia, Ben in all his greatness has several phobias that restrict him from traveling internationally, flying being the main one.
    If I was this guy I would never ever use the same band name again. Sure if you sincerely want to continue making music that's cool, but these kinds of things tarnish band names in the long run.. Same idea for renovating a failed restaurant, while keeping the reputation that comes with the name.
    I think you win the award for random analogy of the day.
    I watch a lot of Bar Rescue and Kitchen Nightmares.. So naturally it was the first comparison I came up with. xP
    The thing is they are not a failure, I mean they have had a very good progression from Saturate to where they became known very well with We Are Not Alone. Phobia was their peak commercially but even Dear Agony was a solid enough album for them to stay very relevant. They are anything but a failure. New blood may be what the Band needs and I am sure he has a lot of new stuff to write about considering what he has been through over the past 4 years. Finding a rhythm guitar and a bassist will be extremely easy especially considering the popularity of the band. I imagine quite a few people are in line trying to get into this band. Imagine even if it was someone who actually helped Ben with the music, then maybe they could grow even larger than they already were. They were not a failed restaurant they were a restaurant that had some employees stealing money out of the register and now they need new employees.
    They released a song he had rights to without his expressed consent. They broke copyright laws for money and were subsequently fired for it. (because Hollywood DID pay Mark and Aaron to re-release the song)
    Absolute Rock-O
    The band's name is Breaking BENJAMIN. The lead singer's name is BENJAMIN Burnley Everything is legit here!
    unless he did some mary poppins shit with the drum on his back while playing the guit n harmonica or whatever that dude had, he doesn't get to be an ego maniac. some crazy mustaine shit.
    You know, I can see where he is coming from. He is the center of BB so it really makes sense that he would be calling the shots. I think he will prove this on the next record.
    Shor-T Zero
    Loving the Breaking Benjamin puns. His reaction to all of this was so cold. We'll see what the next record is like, but if he ups the amount of slower rock songs, then I'll just stick to their backlog. Shame he was a dick about all of it, but hopefully some good music can be made. Good being subjective here (I like them, but I can see how others wouldn't).
    Speaking of puns, I see what you did there^ (For those that don't know, So Cold is a BB song)
    So it's officially the Ben Burnley show now then?
    Legend Jedicsc
    Pretty much how it's always been.
    Yeah, Burnley is kind of a jerk but he writes good music so I don't really care. Good to see he'll be writing again.
    Well, I think the whole remix idea was quite lame if you ask me. And without his permission? Sounds fishy...
    Much as I love him, it was a pretty dick thing to do, that to by email.
    they are a band...two member gave consent to do something to HIS song (being that he's the primary writer) without HIS permission. They were the ones in the wrong. Him firing them by email was the natural reaction when your business partner screws u over. Were they friends? if they had been-they woulda ran the whole horrible remix idea by him first... Ben wasn't in the wrong-and im just glad its over and he'll get some new members and continue. Yes Aaron was a good guitar player-but nothing ridiculously stellar or technical came from them. Breaking Ben was Bens voice and good dropped tuned guitar riffs-which most of which Ben came up with anyway.. So yea he can find another guitar player to salt and pepper the songs... yea ill miss Aaron-but its not the end of them. Thankfully Chad is still there-i think his drumming is more unique then Aarons guitar playing haha. Anyways-i digress.. point being-Ben was justified in handling it all the way he did.
    Idk if you've ever heard Aaron's other band Lifer but if you hear the song Wake Up it pretty much sounds like any Breaking Benjamin song, if not better (production considered)
    . The reason why they decided to release the single is because Ben was hiding out at home, not answering any of them. No one had any idea if they were even still a band and probably needed more cash for hookers. Ben, being the primary writer get's the bulk of the cash which is great for the expensive habit's he has. I couldn't party with the dude, I'd die. While I've liked BB since Saturate, the dude has mental issues. Then again, don't all of the best artists?
    Loved Lifer, absolutely loved lifer. Breathless is the best song off that album, and while I love BB, I REALLY miss Lifer. It wasn't just Aaron, by the way - the bassist (I think his name is Mark?) came with him to BB from Lifer. I've listened to them since they were Strangers With Candy. Just an awesome band. A real shame they disbanded. Maybe now that the pair are out of BB we'll get a reunion and new album?
    Kind of, but I'm 98.7% sure that He was recovering from an illness or something. He's kind of succeptible to everything harmful ever.
    pretty much Axl Rose syndrome.....
    Not even close, Axl was born a grade a douche bag. Although firing was a bit extreme, the bassist and guitarist should have asked. They are a band... or were.....
    Legend Jedicsc
    Yeah basically. Don't get me wrong though, I'm thrilled he's back! This was the band that got me into music!
    this is such excellent news, i can only hope the new musicians can deliver as well as aaron and mark did!