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Burton Cummings, the founding singer and songwriter of the Guess Who, has taken a unprecedented measure to cease the band’s present iteration from performing his songs.
In October, Cummings, together with unique guitarist Randy Bachman, filed a lawsuit to cease the present model of the Guess Who to cease performing beneath that moniker. On the time, it was the newest chapter in a dispute that stretched over a decade, with Cummings and Bachman combating with bassist Jim Kale and drummer Garry Peterson over the band’s identify. Although the lawsuit remains to be ongoing, Cummings has opted to terminate sure rights agreements on his songs to cease the Guess Who from performing them in live performance.
It’s a posh technique that breaks down one thing like this: Nearly each venue within the nation has an settlement with efficiency rights organizations, generally known as PROs. These organizations acquire royalties on behalf of songwriters each time their work is carried out. By ending the agreements pertaining to his songs, Cummings has made it inconceivable for the present model of the Guess Who to carry out the fabric in PRO-aligned venues.
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“I’m keen to do something to cease the pretend band; they’re taking [Bachman and my] life story and pretending it’s theirs,” Cummings defined to Rolling Stone. “They’re not the individuals who made these data and so they shouldn’t act like they did. This doesn’t cease this cowl band from enjoying their exhibits, it simply stops them from enjoying the songs I wrote. If the songs are carried out by the pretend Guess Who, they are going to be sued for each prevalence.”
Cummings’ Motion Will Have Severe Repercussions for All Events
In keeping with Rolling Stone, venues which booked the Guess Who might additionally face authorized repercussions if the band determined to proceed performing Cummings’ materials with out the correct licensing.
It’s a daring transfer that would severely harm the power for the Guess Who to make a revenue. Cummings penned a few of the group’s greatest hits, together with “American Lady,” “These Eyes” and “No Time.” The band could be hard-pressed to place a present collectively with out such classics of their set. Already, the Guess Who’s subsequent 5 exhibits have been canceled as a consequence of Cummings’ actions.
Although the transfer has stifled the Guess Who, it additionally poses important danger to Cummings himself. By canceling his PRO agreements, the songwriter will be unable to obtain royalties for his work. Along with dwell performances, PROs acquire funds for materials performed on the radio, tv, in commercials and different public areas. As such, Cummings’ motion quantities to income suicide – the cancelation of the PRO agreements leaves him unable to earn cash off of those songs.
‘The Title Is Nugatory With out These Songs’
“Sure, I’m going to lose some cash, however we’re going to seek out out what’s value what. I cannot have this pretend band occurring any longer,” Cummings defined, noting the danger in his choice. “I’m going to lose some cash, however… the identify is nugatory with out these songs. So what are they going to do? ‘Hey, the Guess Who Is enjoying however we are able to’t do ‘Share the Land’ or ‘American Lady’” we are able to’t do ‘These Eyes.’ No person’s gonna be there.”
“How a lot is my life’s work value? You’ll be able to’t put it in {dollars} and cents,” Cummings continued. “It’s fallacious what they’ve achieved and for years, no person did something about it. However we’re doing one thing now, and this may occasionally set some precedents as a result of there are different acts on the market that aren’t actual both.”
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Within the 2023 lawsuit, Bachman and Cummings had been searching for greater than $20 million in damages. The singer insists his newest transfer has nothing to do with cash, which is why he’s willingly abandoning his income stream.
“That is about far more than simply cash, I wouldn’t have pulled the catalog if it wasn’t,” Cummings famous. “That is concerning the legacy of the songs and the truth that the quilt band is doing something they’ll to erase me and Bachman from the historical past of the group. I see commercials for his or her exhibits, and it’s me singing ‘American Lady.’ What they’re doing is fraud as a result of they’re utilizing actual songs from the true guys to push their pretend band. I’m defending the identify of the Guess Who, I’m making an attempt to guard what we did.”
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Gallery Credit score: Matthew Wilkening
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