Kiss On My List

Squabbles: Lennon/McCartney or McCartney/Lennon - And Does It Matter?

In the most recent edition of Esquire magazine, Sir Paul McCartney reflects on a long and storied career as a singer-songwriter and performer for The Beatles, with Wings, and as a solo artist.  Although McCartney is reportedly the second richest recording artist (and richest male), having a net worth estimated at $660 million, many may find it surprising that McCartney cares about the songwriting credit order attributed to The Beatles songs McCartney co-wrote with fellow Beatle John Lennon. In the two creative-creator centric intellectual property disciplines (copyrights and patents), the listed order of copyright owners or patentees is legally irrelevant concerning the separate rights of the owners/patentees.

For a copyright, the co-writers/co-owners individually enjoy all the rights set forth in 17 U.S.C. § 106, so that any, all, or a subset of all co-writers/co-owners may exploit the work by further reproductions, etc. Likewise, for a patent, each co-inventor may "practice" the invention (e.g., manufacture) or license the subject matter to another party.

However, the differences lie in what is owed to the co-creators upon successful exploitation.  For a copyright, each co-writer/co-owner owes the other co-writers/co-owners an accounting of the profits generated through the right(s) exploited (or be subject to litigation).  Conversely, for a patent, each co-inventor may separately make or license the subject matter without accounting for any profits to the other co-inventor(s).

So why the fuss from McCartney concerning whether a song is identified as a Lennon-McCartney work or a McCartney-Lennon work?  In the grand scheme, the publishing royalties will be no different - every penny will still be divided between McCartney and Lennon's estate.

As with many similar issues, there are multiple considerations at issue.  Ego is rather obvious - upon Lennon's murder, the other co-writer was no longer in the picture.  Yet, Lennon's estate (via Yoko Ono), and a rather divisive ego at that, blocked several attempts by McCartney to correct a perceived error in the attribution order.

As McCartney recalls, early on, The Beatles and management agreed that any song predominantly written by one and brought to the other for "polishing" or "completion" would be specifically attributed in the album liner notes as [predominant writer] hyphen [polisher].  However, this preferred nomenclature convention did not materialize, and rather the alphabetical Lennon-McCartney label was the go-to form of songwriting attribution.

Upon Lennon's death, and in subsequent years (e.g., The Beatles Anthology Series), McCartney tried to reclaim this preferred naming convention, only to be obstructed by Ono.  McCartney identified the hit single "Yesterday" as a good example, noting that Lennon had absolutely nothing to do with writing the song, yet, the song is attributed to Lennon-McCartney and not to (McCartney's preference) McCartney-Lennon.

Related to issues of ego is perception, such as the public's perception that attribution order has significance.  It is likely that is the reason the individual Beatles agreed to the songwriting naming convention identified above is because of their own naive (mis)conception of the significance of naming attribution order.

Like many of the songwriting tandems in popular music over the last 50 years, such as Jagger-Richards (The Rolling Stones), John-Taupin (Elton John), Simon-Garfunkel, Plant-Page (Led Zeppelin), Simmons-Stanley (KISS), and Bon Jovi-Sambora (Bon Jovi), the first mentioned person seems to capture much of the songwriting attention.  This is probably due to an issue not particularly noticed (the primacy effect) - the strongest impression made on the mind of a viewer/reader based on the first item listed.

However, most interestingly, McCartney points out a legitimate gripe regarding technology.  In particular, McCartney notes that when an individual downloads, streams, or a song selected from an existing digital library, often the display is too small to fully display multi-writer attribution (or does so intermittently).  Consequently, using The Beatles as an example, on a smartphone or iPad display, The Beatles song "Yesterday" may be attributable only to John Lennon or John Lennon (and perhaps) Paul McCartney a few seconds later. Thus, at least in McCartney's view, younger generations may be misinformed or misled as to the appropriate songwriting credits, or frustrated by the bounce between one co-writer and the other(s) co-writer(s).  Thus, younger generations may be deprived of some knowledge, history, and searchable keywords that could link-up Lennon-McCartney with other valuable or culturally significant songs.

As someone who enjoys trivia and completeness of information, I can sympathize with McCartney's lament as a threshold matter.  However, given the younger generations Internet acumen, it seems unlikely that a user would not have such information readily available in just a few clicks or taps.  Alternatively, younger generations may simply not care enough to want to know/learn about the artist, esp. in an age when popular music is more disposable than ever before.

While McCartney's concerns possess some merit, the degree of import seems rather low.  Publishing royalties remain unaffected by the naming order; and the fame of The Beatles nearly negates any inverted (or lack of) attribution, as many folks will supplement their listening experience by browsing for information abut the artist (e.g., via Wikipedia).  As with so many things surrounding the surviving members of The Beatles and managers of the Lennon and Harrison estates this really descends into a Paul v. Oko battle of wills, wits, and strong-willed personalities.

Former Van Halen Vocalist: VH Brothers Trying to Stop Hagar from Performing VH Songs

As readers will (hopefully) come to learn, Van Halen (all eras) is my favorite band, for a laundry list of reasons that I won't bother to list in this post.  However, as a fan of the band, one has to either ignore or accept the juvenile passive-aggressive non-sense that passes from the mouths of present and former members.[1] It is futile trying to really understand why this group of people, comprising mostly 60+ year-olds, cannot simply move-on from decades-long disagreements, arguments, grudges, and feuds.  It defies reason. The latest:  on Eddie Trunk's podcast this week (approx. 31:00), former Van Halen vocalist Sammy Hagar alleged that Edward and Alex Van Halen have tried to stop him from performing Van Halen songs written and recorded during the Hagar-era of the band.  As an example, Hagar was scheduled to record an episode of "Live from Daryl's House" (Daryl Hall of Hall & Oates fame).  Hall wanted to duet with Hagar on VH Top 40 hits "Why Can't This Be Love"[2] and "Finish What Ya Started"[3] .  Apparently, this required some type of licensing approval, and the Van Halen Brothers denied the request and blocked any attempts to perform the songs. Show producers did not want to try and fight this issue with a recording-deadline looming, so the songs went untouched during the recording. ** SIGH **

Assuming this version of events and facts as true, it is bad enough that the brothers are that petulant to try and block Hagar's Daryl Hall performance, but the fact that Hagar publicized this example knowing that the Van Halens could not legitimately block him (or any other performer(s)) from performing these songs live is similarly silly and unnecessary.

Most issues addressed in the Copyright Act (17 U.S.C. et seq.) are default positions. In other words, absent a contract addressing a particular issue, the parties resort to the Copyright Act for determining unassigned or non-transferred rights. For example, in most cases, co-writers of a song (including music and lyrics) each own an equal share of the song, unless there is a contract to the contrary.

Accordingly, unless there is a contract between the Van Halens and Hagar that has changed the songwriting shares, or otherwise restricts/prohibits performances in some way, Hagar as a co-writer has the rights accorded by the Copyright Act, owning an equal share of the credits with the Van Halens and former bassist Michael Anthony. One of those rights includes the right to publicly perform such compositions subject to the reporting required of the host-venue to the appropriate performing rights organizations (PRO, such as ASCAP or BMI).[4] Similarly, co-writers also have the right to record/distribute sound recordings subject to accounting to the other co-writers.

Of course, the public is hearing only one-side (Hagar's) of these issues at the moment. Perhaps the Van Halens have legitimate reasons for pursuing the courses they have pursued thus far, given the acrimonious and distrustful state of affairs between the brothers and Hagar (and Anthony).

It is odd (if not notable) that Hagar did not make specific mention of the brothers trying to stop the release of Hagar's "The Circle" live recording entitled "At Your Service" containing seven songs co-written by Hagar and the Van Halens, but did mention the block of two songs from "Live at Daryl's House". Does Eddie Van Halen have a burr in his backside over Daryl Hall's public comments that Van Halen's keyboard parts in "Jump" were inspired by the piano riff in Hall & Oates mega-hit "Kiss On My List"?[5] As noted in the current Billboard Magazine cover article, Eddie Van Halen does not appear to hate anyone, but his grudges run long and deep.[6]

Or, on the other hand, did the Van Halens bully the last-minute production of Daryl Hall's television show based on opportunism while avoiding "The Circle" live disc because it knew the futility of doing so? More than likely, because the acrimony and overall distrust between Hagar and the Van Halens, this is little more than power trips and egos at play. But, there may also be some underlying accounting issues that have been bubbling that the public is not aware of.

Hagar and the Van Halens squabbling over music is hardly surprising. The strong egos of those involved make future disagreement(s) inevitable. Just another sad episode in the Van Halen melodrama.

Footnotes

1. Despite the high-drama, Van Halen still has a fairly strong and devoted following, as exemplified by the robust fan-site VH Links. 2. "Why Can't This Be Love" was the lead-single from Hagar's debut with Van Halen, the 5x platinum 5150 released in April 1986. "Why Can't This Be Love" peaked at #3 on Billboard's Hot 100 Singles Chart in May 1986; 5150 debuted at #13 on Billboard's Top 200 Album Chart, peaked at #1 for a three-week run, and spent more than one-year on the chart. Additional information may be found at 5150 Info. 3. "Finish What Ya Started" was the third single from Van Halen's May 1988 release OU812. The song was a departure for Van Halen, blending rock, country, and an exotic drum sound and beat, sounding as much like a Rolling Stones song as a Van Halen tune. "Finish What Ya Started" peaked at #13 on Billboard's Hot 100 chart; OU812 debuted at #1 on Billboard's Top 200 Album Chart and spent four-consecutive weeks in the top spot. 4. ASCAP and/or BMI distribute royalties to songwriters and publishers based on frequency of play from reports by terrestrial and satellite radio, Internet streaming services, concert venues, and the like. 5. 5 Things About Jump 6. Billboard - EVH on Addiction, Roth, Touring