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Unreleased Michael Jackson Material Coming Soon?

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The Michael Jackson fan community is buzzing today after the Birmingham Mail reported that Fred Jerkins III had spilled the beans about an in-the-works project comprising unreleased Jackson material.

Jerkins, who works as part of the “Darkchild” production team with his brother Rodney, stated that he would soon publish unreleased material by pop superstar Michael Jackson.

“We have a number of unreleased songs and all sorts of video footage,” stated Jerkins.

“There’s a project in the making right now that will include all those songs. I worked with him for two years exclusively – it’s the biggest highlight of my career.”

Both Fred and Rodney Jerkins worked extensively with Jackson from mid 1999 on what became the Invincible album – released in late October, 2001.

Contributions from Jerkins brothers included “You Rock My World” – the album’s lead single and the last U.S. top 10 hit of Jackson’s life.

A number of songs recorded during the Invincible sessions, including fan favourites “We’ve Had Enough” and “Escape” – both of which are widely available online – did not make the final cut.

Another Darkchild track rumoured to hail from those sessions is known by Jackson fans as “Get Your Weight Off Of Me”.

“We got a lot of great stuff that hasn’t even surfaced yet – that hasn’t even come out yet,” confirmed Rodney Jerkins in an interview shortly before Jackson’s death.

“I think some of the stuff that didn’t come out was some of the best stuff that we did.”

Jerkins, who has worked with everyone from Mary J. Blige to Whitney Houston to Beyoncés describes working with Jackson as ‘the pinnacle’.

“I’m glad to say that I got the chance to work with the greatest entertainer of all time,” says Jerkins.

“And he let me videotape every session. So I got some of the best footage. I got some great sessions on tape.”

Jerkins has recently flirted with the idea of putting some of that footage online for fans to enjoy, but had seemingly decided against it.

Jerkins also offered to sell the footage to Jackson’s estate and Sony Music, but neither were interested in buying it.

The footage remains unreleased to this day.

In the four years since Jackson’s death, Jerkins has claimed that there is approximately an album’s worth of unreleased material that he recorded with the pop star that could come out in the future.

Speaking in a 2010 interview with Vlad TV, Jerkins even hinted that he was gearing up to work on the first posthumous Michael Jackson album:

“I’m about to work on a new unreleased project that we’re talking about doing right now… It’s definitely going to come, but it takes time you know, you gotta do a lot of the ‘red tape’. But yeah there’s definitely going to be unreleased Michael Jackson and hopefully I’ll be a part of that project.”

The producer’s statements were backed up two weeks later by co-executor of Jackson’s estate, John Branca, in an exclusive interview with VIBE magazine.

“We are finishing up the album as we speak,” Branca told the publication.

“There will be some will.i.am, Teddy Riley and Rodney Jerkins songs. We don’t want to put 10 unrelated songs together. We want to put together an album that fits well.”

However, material from neither will.i.am nor Jerkins was included on the album.


Damien Shields is the author of the book Michael Jackson: Songs & Stories From The Vault examining the King of Pop’s creative process, and the producer of the podcast The Genesis of Thriller which takes you inside the recording studio as Jackson and his team create the biggest selling album in music history.

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27 Comments

27 Comments

  1. ultravioletrae

    August 11, 2013 at 3:58 pm

    Yippee! Great story. Thanks Damien!

  2. TheresaB

    August 11, 2013 at 5:02 pm

    I echo the “yippee” from ultravioletrae above. Among my close MJ community friends we talk about wanting footing from the Invincible sessions all the time. I really hope this happens.

    • TheresaB

      August 11, 2013 at 5:03 pm

      Correction to my comment above “footing” should be footage.

      • Damien Shields

        August 12, 2013 at 1:22 am

        It sure would be fascinating to watch MJ deliver some of those incredible vocals we hear on Invincible!

  3. gg

    August 11, 2013 at 5:06 pm

    do you have an idea if slave to the rythm could be published with this new material ?

    • Damien Shields

      August 12, 2013 at 1:24 am

      Not much is clear. Right now all we have is the passing word of a producer. I’d suggest not to get hopes too high. Things don’t always work out, as we have seen in the past with the will.i.am and Darkchild recordings not featuring on the 2010 posthumous album after Branca said they would.

  4. MJStreetwalker

    August 11, 2013 at 5:24 pm

    I’m looking forward to hearing those unreleased songs. That 7 second snippet of Can’t Get Your Weight Off Of Me sounds better than 2/3 of the Invincible album. I think there could be some real gems amongst those songs.

  5. Tristan

    August 11, 2013 at 9:49 pm

    If Branca is involved in any way, I’d rather those producers hold onto their work until someone more suitable is in charge.

    • TheresaB

      August 12, 2013 at 1:16 am

      Then, you will be waiting awhile for someone else.

      • Damien Shields

        August 12, 2013 at 1:52 am

        Yes. But worth the wait, wouldn’t you agree? The music isn’t going to disappear. Michael always said that in order to achieve immortality he would bind his soul to his work. He wanted to created timeless pieces. So time really isn’t an issue here. And judging by the way the first posthumous album was handled in 2010 – including songs that aren’t even him and remixing legitimate tracks to the point that MJ’s vision and message is either blurred or washed out completely – there is little to no quality or legacy control going on. I’m happy to wait as long as it takes.

        • Wendy

          August 12, 2013 at 3:37 am

          I couldn’t agree with you more, Damien. If they can release the material Completely Independent of Branca/Estate’s grasp, then I am IN! …If not, then I can wait as long as it takes. Michael left us so Much already that remains fulfilling and renewed each time one listens.

          • Lauren

            August 12, 2013 at 4:00 am

            Oh dear. Can’t we be excited about new material from Michael regardless of who backs it? I don’t really care. Simply want to hear the music and possible studio footage.

          • Damien Shields

            August 12, 2013 at 4:05 am

            Lauren; I don’t necessarily think that fans aren’t excited to hear the materials – how could fans not want to hear Michael’s voice? Of course we do. I think it’s more so that we approach these kinds of things with caution due to the events of the past, because certain people involved with backing previous items have been less than honest about it.

          • Fernanda

            August 13, 2013 at 1:12 am

            I support you and add the damn $ony! That would be a dream but just a dream I suppose! 🙁

        • Heather

          August 24, 2013 at 1:01 am

          If I were 20 years younger I would take the same tack but unfortunately some of us fans don’t have the luxury of time. I would love to hear some of those releases before shuck off my mortal coil!

  6. Roger Wauters

    August 12, 2013 at 9:37 pm

    Dous any one here know if the J-Friends song ‘People Of The World’ has a finished copy with MJ’s voice in the vault? Many people love that song and heard a snippet with Michael’s voice on it’s music. Michael wrote it and gave it in license to J-Friends after the Kobe earthquake in Japan.
    See link about J-Friends… http://en.wikipedia.org/wiki/J-Friends

  7. TheresaB

    August 12, 2013 at 9:57 pm

    I don’t think everyone agrees that all decisions have been bad decisions. I feel they have listened to the fans and tried to respond to concerns. When people discuss someone other than the Estate Executors being involved in new releases, who might that be? I want the music during my lifetime and the constant negativity is annoying. The criticism about everything may mean we get nothing. I am not okay with that.

  8. Syl Mortilla

    August 12, 2013 at 10:50 pm

    It’s the enshrining of Michael’s legacy that’s important, Theresa. Not whether you get to hear songs in your lifetime.

    And if the Estate hadn’t ballsed up everything, there’d be no negativity. As it stands, they deserve every criticism they get. And again, it’s really not a question as to whether or not you find it annoying.

    • Mark

      August 13, 2013 at 12:28 am

      Theresa expressed her opinion that the constant barrage of criticism is annoying. You expressed yours that the Estate deserves all of it. How does “it’s really not a question” apply any more to her opinion than yours?

      It should be acknowledged that there are plenty of fans whose opinion is that the enshrinement of Michael’s legacy is made more difficult, not less, by other fans who feel it is their duty to sabotage or dismiss everything the Estate does, often baselessly.

      • Lauren

        August 13, 2013 at 12:46 am

        Well, Damien, I witnessed enshrinement at work this weekend at MJOne. In the real world, folks simply love MJ’s music and by extension, the man, inseparable from his art. There is no denying the palpable and visual impact of this project that gloriously enhances the legacy….disagreement about where this or any other project originates didn’t matter at all to the people surrounding me who were obviously engrossed, entertained and, in the process, entered Michael’s world for a couple of hours.

        • ChrisB

          August 13, 2013 at 1:13 am

          I felt the same when I saw both Immortal and One. Yes, the estate has made a few mistakes, however, people seem to nitpick everything. There is a lot good and some not good. There will be naysayers no matter what. Disagreement is fine but ridiculing fans for their viewpoint just divides. I stand by my opinion that all the nitpicking is annoying to me. No one can even agree what enshrines Michael’s legacy. That fighting ruins every effort,

        • Damien Shields

          August 13, 2013 at 1:13 am

          Lauren; I assume you meant to address Syl Mortilla re the enshrinement comment?

          • Lauren

            August 13, 2013 at 2:18 am

            Yes. And I recognize that errors in judgement are perceived by some. However, there can be over zealous opinions/reactions that
            don’t leave room for willingness to listen and change. Personally, I am impressed and pleased with the majority of releases so far. And I find myself turned off to constant harping and criticism for anything that Michael’s Estate chooses to do. I hope that Fred Jerkins has obtained approval for his project and certainly will keep an open mind before deciding for myself if it does justice to Michael’s work.

  9. Damien Shields

    August 13, 2013 at 1:34 am

    Loving the discussion here guys. Keep your thoughts coming! All opinions are welcome. Keep it respectful 🙂

  10. Sina

    August 14, 2013 at 1:27 am

    A release of Invincible material would be great and a beautiful gift if its released for Michaels 55th birthday. As long as it is quality music that Michael was 100% involved and its done with respect and love for the artist.
    If not I can do very well with everything he made and performed in his lifetime.
    Musicals are not my cup of tea. Immortal I found disappointing as I had seen better tributeshows with more Michael feel.
    The only MJ mass event I really enjoyed and would do again is Spike Lees Bday bash in Brooklyn. It was spontaneous , authentic just fun and for free so people who cannot afford an expensive ticket could also celebrate. Michael would definately approve.

  11. www.Radiohistorynews.us

    August 22, 2017 at 9:21 am

    Every weekend i used to pay a visit this site, because i want
    enjoyment, for the reason that this this web page conations actually pleasant funny material too.

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Cascio Tracks

First Amendment Coalition to Support Sony and the Jackson Estate in Fake Songs Lawsuit

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There has been yet another twist in the class action lawsuit filed by Californian consumer Vera Serova against Sony Music and the Estate of Michael Jackson regarding three allegedly fake songs commercially released on the 2010 Michael album.

In documents filed with the California Supreme Court yesterday, an organisation called The First Amendment Coalition has requested permission to file an amicus brief in support of Sony and the Estate’s purported constitutional right to sell fake songs as authentic Michael Jackson material.

FAC’s request comes after four separate amici were filed in support of plaintiff Serova by several consumer protection groups along with the California Attorney General’s Office.

All previously filed briefs support Serova’s assertion that this is a straightforward case of false advertising, and that billion-dollar corporations should not be able to commercially label fake art as authentic.

They also assert that by filing an anti-SLAPP motion against Serova, Sony and the Estate misappropriated a statute which is supposed to protect the general public against the limitless resources of wealthy corporations, and to prevent those corporations from intimidating the public into abandoning legal action against them.

Nine consumer protection organisations stated in a joint filing that Sony and the Estate have misused the anti-SLAPP statute to achieve the exact opposite of its intended purpose.

But according to documents filed yesterday, The First Amendment Coalition believes that if the Supreme Court rules in plaintiff Serova’s favour, and if a precedent is set that Sony and the Estate cannot sell fake songs as authentic Jackson material, it could have “significant implications for many different First Amendment contexts beyond the particular circumstances of this case.”

In this case, Sony asserts that they should not be held accountable for the statements made on the Michael album cover and in their television commercial, because those statements were “noncommercial” in nature. Rather, they argue, those statements are merely their contribution to the ongoing public debate about whether the vocals on three of the songs were authentic or fake, and that this makes it free speech under the First Amendment.

FAC has indicated that they will stand with Sony on this matter.

According to the mission statement published on their website, FAC is a nonprofit public interest organisation dedicated to “advancing free speech” and “public participation in civic affairs.”

By definition, public participation in civic affairs is a process in which members of society take collective action to address issues of public concern.

This begs the question: Is the definition of FAC’s mission more appropriately applied to a multi-billion dollar corporation’s purported right to claim that a commercial product is legit, when in fact it is fake? Or to a member of the public who seeks to take collective action to address the issue of that multi-billion dollar corporation falsely advertising that same product to millions of unwitting consumers?

Despite Sony and the Estate’s best efforts to stop her, the plaintiff in this case (Miss Serova) is a member of society who is attempting to take collective action (by filing a class action lawsuit) to address an issue of public concern (that a corporation may be defrauding consumers).

Moreover, FAC’s mission statement also claims to advocate for a “more open and accountable government” and “the people’s right to know”.

It should be noted that the Californian government is in fact advocating for openness and accountability and for the public’s right to know in this case – on behalf of the plaintiff, against the billion-dollar corporation that has conceded in its legal arguments to have ripped her off.

For the purposes of this proceeding, defendants Sony and the Estate have stipulated that the songs in question are indeed fake. And while their exact arguments aren’t due to be filed with the court until March 10, 2021, in the context of the defendants’ concessions, FAC could, in theory, be perceived to be advocating in favour of fraudulent representation of forged art, rather than for openness and accountability and the people’s right to know.

In a press release issued on January 29, 2021, the California Attorney General said:

“Products must deliver on their claims. If someone buys an album from a recording artist, they should expect that the songs on the album were made by that artist unless noted otherwise… We must hold companies accountable to stand by their products. Companies have a First Amendment right to communicate, but their claims must be informed and accurate.”

More to come when FAC files their amicus brief.

A podcast series called Faking Michael is in the works, detailing a decade-long investigation of this case. You can subscribe to Faking Michael on Apple PodcastsSpotify and YouTube.


Damien Shields is the author of the book Michael Jackson: Songs & Stories From The Vault examining the King of Pop’s creative process, and the producer of the podcast The Genesis of Thriller which takes you inside the recording studio as Jackson and his team create the biggest selling album in music history.
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Californian Government Joins Fraud Lawsuit Against Sony Music and Jackson Estate

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The California state government has officially joined a class action lawsuit against Michael Jackson’s estate and record company.

In a press release issued yesterday, the state’s Attorney General, Xavier Becerra, accuses Sony of “shirking responsibility” for making “false and misleading claims” about a posthumously released Michael Jackson album, and then declaring ignorance of their misrepresentation.

The Attorney General also filed an amicus brief with the California Supreme Court, urging them to intervene in the case of Serova vs Sony Music Entertainment, et al., for fear that “broad, destabilising consequences for well-established false advertising principles,” could be felt if it did not take action and rectify a problematic Appeals Court decision in the case.

The lawsuit at the centre of the amicus brief was filed almost 7 years ago. The suit alleges that Sony Music and the Jackson Estate misled consumers when they commercially released the Michael album, comprising 10 tracks, in December 2010.

The plaintiff in the case, Vera Serova, insists that three of the 10 tracks on Michael are part of an elaborate artistic fraud masterminded by co-defendants Eddie Cascio and James Porte, who sold the tracks to Jackson’s Estate for millions of dollars after the superstar’s death. 

Serova alleges that those three tracks, known as the Cascio tracks, are fakes sung by an impostor. And she’s not alone.

Months before the album was released, members of the Jackson family warned Sony and the Estate regarding the Cascio tracks, insisting that they were fakes and should not be released. One of the Estate’s co-executors, John McClain, agreed with the Jackson family.

In response, Sony issued a press release stating that they had “complete confidence in the results of their extensive research” that the vocals were authentic. The company then released the album, including three Cascio tracks, against the family’s wishes.

Sony even went as far as to explicitly inscribe on the album cover that the vocals on all the album’s tracks were “performed by Michael Jackson.”

But despite Sony’s repeated assurances that the vocals were legit, when Jackson’s fans got their hands on the album and heard the Cascio tracks for themselves, a huge controversy ensued. Thousands upon thousands of fans around the world instantly rejected them as fakes.

Ironically, this very controversy – which Sony itself created by releasing the Cascio tracks – is one of the many points the company has since tried to raise as a get-out-of-jail-free card.

Sony says that because thousands of people were questioning the authenticity of the vocals, the company’s claim that Jackson sang them was not commercial in nature, but merely their non-commercial contribution to the ongoing authenticity debate.

But the Attorney General argues that Sony’s logic is absurd. The fact that there were questions over the vocals, the AG says, only increased Sony’s need be sure that the songs were indeed authentic if they intended on claiming they were:

“Questions about the authenticity of songs allegedly recorded by Michael Jackson shortly before his death naturally led to significant interest and debate among fans, members of the media, and the public more generally. That level of interest made it all the more important for Sony to provide accurate information about the songs to consumers.”

The AG added: “It would seriously frustrate the State’s interest in combating false or misleading advertising to immunise a seller from liability merely because its claims bear some relation to a matter of public interest or a public figure.”

Moreover, the Attorney General completely rejects Sony’s claims that their speech wasn’t commercial in nature.

Because the album cover explicitly stated that the songs were “performed by Michael Jackson,” Sony was bound to that statement as being the truth, and could be held liable under consumer protection laws if it were proven otherwise.

“A seller’s description of a product on a label or in an advertisement is a classic form of commercial speech. Thus, assuming Serova’s allegations are true, application of California’s false advertising statutes fully comports with the First Amendment.”

In the press release issued yesterday to alert the media of the California state government’s support of Serova’s lawsuit, Attorney General Becerra said: 

“Products must deliver on their claims. If someone buys an album from a recording artist, they should expect that the songs on the album were made by that artist unless noted otherwise… We must hold companies accountable to stand by their products. Companies have a First Amendment right to communicate, but their claims must be informed and accurate.”

Sometime in mid-February the Los Angeles City Attorney’s Office is due to join the California Attorney General and the nine other consumer protection groups already supporting Serova’s case. No amicus brief has been filed in support of Sony or the Jackson Estate.

A date for the oral hearing of these briefs is yet to be set.

A podcast series called Faking Michael is in the works, detailing a decade-long investigation of this case. You can subscribe to Faking Michael on Apple PodcastsSpotify and YouTube.


Damien Shields is the author of the book Michael Jackson: Songs & Stories From The Vault examining the King of Pop’s creative process, and the producer of the podcast The Genesis of Thriller which takes you inside the recording studio as Jackson and his team create the biggest selling album in music history.
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Fake Michael Jackson Songs Lawsuit Boosted by Support from Consumer Protection Groups

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A legal quest for justice over a posthumous Michael Jackson album including 3 allegedly-fake songs has received a serendipitous boost on the 10th anniversary of the album’s release.

On Friday, December 11, 2020, the Berkeley Center for Consumer Law and Economic Justice filed an amicus curiae brief with the California Supreme Court in support of plaintiff Vera Serova’s ongoing class action consumer fraud lawsuit against Sony Music and the Estate of Michael Jackson.

The powerfully-worded brief was co-signed by 8 additional consumer protection organisations. Click here to read it in full.

Serova’s lawsuit, filed in 2014, alleges that Sony and the Estate misled her and millions of consumers when they commercially released the Michael album on December 14, 2010 – exactly ten years ago today.

The lawsuit alleges that three songs on the album are forgeries sung by an impostor vocalist, and that Sony and the Estate falsely advertised those songs to consumers as authentic Jackson material.

The three songs at the centre of the lawsuit – Breaking News, Monster and Keep Your Head Up – were originally co-written and produced by Eddie Cascio and James Porte, who are co-defendants in the fraud component of the case.

The consumer protection organisations wrote in their joint filing on Friday that Serova’s is a “straightforward case of deceptive advertising.”

Yet the case has been in legal limbo for more than four years.

Back in 2016, Sony and the Estate filed an anti-SLAPP motion against Serova, claiming that her lawsuit was a ‘strategic lawsuit against public participation’ (SLAPP) intended to deny the billion-dollar corporations their purported constitutional right to sell fake songs as authentic Jackson material.

For the purposes of their legal arguments, Sony and the Estate conceded that Jackson was not the singer of the three songs in question. To be clear, this was not an outright admission that Jackson was not singing – after 6 years in court, that issue hasn’t even been addressed yet.

Rather, their concession was made in order to prevent Serova from presenting evidence that the songs are fakes. Under normal circumstances, Serova would have been required to demonstrate that her case wasn’t a shakedown, and that she could substantiate her claims with supporting evidence.

But Sony and the Estate said that it didn’t matter if they were fake, arguing that the law allows them to lie to consumers regardless.

Their argument centres around their assertion that the statements made as part of the album’s promotional material – including on the album cover and in a TV commercial – are not commercial in nature. Yes, they’re arguing that the speech in a commercial isn’t commercial speech.

“If we ripped people off and it’s noncommercial speech, they lose under the statutes,” said Sony lawyer Zia Modabber in court. “That is just the law.”

In August 2018, the corporations succeeded in their bid to be dismissed from the case. Serova fought back, petitioning the California Supreme Court to intervene, which they did. But when the case was sent back to the Appeals Court in January 2020, Sony and the Estate were yet again dismissed.

Shockingly, the Appeals Court ruled that Sony and the Estate should be allowed to lie to consumers by selling fake songs as authentic Jackson material. And so Serova petitioned the California Supreme Court a second time, seeking a review of the Appeals Court’s bizarre ruling.

As reported here in April, the Supreme Court found that the Appeals Court’s ruling was legally problematic and granted Serova’s petition for review.

In their filing on Friday, the consumer protection organisations supporting Serova’s case took aim at Sony and the Estate’s application of the anti-SLAPP statute, writing that it “does not provide a get-out-of-jail-free card to forgers.”

Under the stipulation governing this proceeding, Sony’s promotion of Michael plainly violates California’s statutes protecting consumers from false and misleading advertising. Sony marketed Michael as “a brand new album from the greatest artist of all time,” with “9 previously unreleased vocal tracks performed by Michael Jackson.” Because, as the parties have agreed for purposes of this appeal, three of the nine songs were not sung by Michael Jackson, Sony has made advertising statements that were untrue and misleading and has therefore violated California’s basic consumer protection laws.

Amicus curiae brief, Berkeley Center for Consumer Law and Economic Justice et al., December 11, 2020.

The anti-SLAPP statute is intended to protect David from Goliath – to shield the general public against the limitless funds and resources of wealthy corporations, and to prevent those corporations from intimidating the public into abandoning legal action against them.

The consumer protection organisations state in their filing that Sony and the Estate have misused the anti-SLAPP statute to achieve the exact opposite of its intended purpose:

What the present proceeding entails is the misuse of the anti-SLAPP statute by a well-funded corporation to try to silence individual consumer claims arising from what are conceded to be, for purposes of this appeal, the corporation’s misleading commercial statements. In other words, this action embodies precisely the reverse of what the anti-SLAPP statute is intended to accomplish.

The consumer protection organisations concluded their 47-page filing with the following:

The anti-SLAPP statute must not be misused to undermine California’s consumer protection laws. When Sony promoted Michael, it engaged in misleading or deceptive advertising. Sony has no free speech right to deceive consumers. Ms. Serova’s claim for misleading advertising is not a “strategic lawsuit against public participation.” To the contrary: it is a straightforward deceptive advertising action brought to vindicate precisely the individual rights that both California’s consumer protection laws and its anti-SLAPP statute are designed to protect.

The California Attorney General’s Office has also stepped in, requesting an extension to file their own amicus brief in support of Serova.

This means that when the California Supreme Court hears Serova’s case sometime next year, she will not only have the support of at least 9 independent consumer protection organisations, but also the backing of the California state government.

UPDATE: The Los Angeles City Attorney’s office has also joined the chorus of support behind Serova’s case, formally requesting an extension to file an amicus brief on December 14, 2020.

Stay tuned for further updates on the case. This website will continue to provide information as it becomes available.

You can also subscribe to the upcoming Faking Michael podcast series about this matter. A release date has not yet been set, but subscribers will have episodes delivered to them when they do become available.

The trailer for Faking Michael is available on Apple PodcastsSpotify and YouTube.


Damien Shields is the author of the book Michael Jackson: Songs & Stories From The Vault examining the King of Pop’s creative process, and the producer of the podcast The Genesis of Thriller which takes you inside the recording studio as Jackson and his team create the biggest selling album in music history.
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