Couldn't let the pun go, could you, Todd?
Guilty.
The Sun reports that Sting and his management are being sued by Andy Summers and Stewart Copeland for unpaid royalties they feel entitled as part creators of a hit Police song.
<sigh>
You’d think Summers and Copeland would have negotiated this 40+ years ago, long
before the song was published and distributed. Different time, yet this matter
has been in quiet litigation for years, according to other reports. In the 1980s, royalties
were defined in a very basic sense. Dozens of high-profile litigations in
the past few decades involving writing credits, plagiarism, and the signature “sound”
of an artist have unleashed the Grand Cash Cow — who moos the reevaluation of long-existing hits
and artist roles.
Lawyers … insert stereotype.
There are innumerable online exposés on how artists' (solo or band) royalty roles
and their business management are assigned. I’ll be as brief as possible here. Basically,
it’s divided into two copyrighting categories: Compositional and Recording.
Compositional
- Author, meaning Music Artist(s):
o Writer(s) of the music composition of a song or piece of music. Entered as a percentage.
o Lyricist(s) of a song, entered as a percentage.
o
X Part? Presumably also entered as a percentage, but not on the form.
- Publisher: The person or legal entity that
manages the Artist’s musical compositions for monetary and legal purposes. An
authorized publisher licenses their works for performance and/or recording.
- Performing Rights Organization (PRO): ASCAP, BMI-type entities that curate artists’ published catalogs, advocate and police royalty collections, and distribute performance royalties to corresponding artists.
Recording
- Author, meaning Music Artist(s):
o Writer(s) of the music composition of a song or piece of music.
o Lyricist(s) of a song.
o
X Part … again.
- Label:
o Owner of the recorded material and its recording Master Rights.
o
Controls and licenses distribution and
performance of the recording(s).
- PRO: SoundExchange-type platform that functions similarly to ASCAP or BMI, focused on digital performance royalty collection and distribution.
Ah, the X Part … and not necessarily a “writer” in the traditional sense.
It’s the definition of the creative roles that often confuses legal laymen, and this is why the general advice is to consult a lawyer. Sage? The
potential problem here is the fallacy of authority. Not every lawyer will
properly define roles, let alone ask deeper questions that might lead to
subjective role entry. Absent a solid case precedent, most revert to their scripted
advice, rote practiced, safe, and that’s that. Pay me. Next!
This Police matter then becomes an interesting case study.
The song in question is Every Breath You Take. Major pop hit. Heard
everywhere. Millions of records sold. Performance royalties out the yang. Sting
reportedly reaps over $700K every year on it —
one song! You see the motive, now consider this: If the other two thirds of The
Police are successful in renegotiating, settling, or winning at trial, you
think it’ll stop with EBYT?
Who wrote the song, anyway? Wait, loaded question there. I mean, who wrote the
music, who wrote the lyrics, and what is the current legal definition of “music”
for royalty purposes?
When you listen to EBYT, what are the contributing factors that comprise
that music work? Sting’s lyrics? The melody? Side note: I love that he penned it on Ian
Fleming’s writing desk at GoldenEye in Jamaica. Could go on ...
There’s no argument that Mr.
Sumner wrote the lyrics. The debate centers on the music itself.
Sting came up with the basic melody, but it wasn’t until Andy
Summers inserted a catchy guitar phrase, inspired by Béla Bartók’s works, that
the song became alive as a mega hit. And what about Stewart Copeland’s
drumming? Who else sounds like him? Maybe bias on my part, but a signatory drum
part not being considered as part of “the music” is blasphemous. The guitars, the drumming, the sound — they're the X
Part!
When a drummer performs and sounds no differently than a generic drum machine, the case for a separate royalty is weak at best. But Stewart? Please. Rush without Neil would be another fine example. Zeppelin without Bonham, Genesis without Phil ….
At some point, a drummer, bassist, keyboardist, horn player, or other instrumentalist that conjures their own part and sound must be included in the compositional credits. Perhaps the engineers and producers as well in certain cases. For now, it’s subjective and optional, traditionally driven by greed and/or ignorance. Session players are paid for their performance, not their creativity, sound, or personal inflection. Too many band members acquiesce to the role of session performer on recordings simply out of ignorance or peacemaking. Oh well.
Sting and his management apparently feel confident that he alone is responsible for Every Breath. Easy to
rail against this evil without detailed insight. On the surface (or “prima
facie” in legal parlance) Andy and Stewart might have a strong case, or at
least a very good reason to finally bring due credit to light.
Or is it Bring on the Night?
Sorry.
