snooggums,
snooggums avatar

The Verve negotiated rights to use the “Last Time” sample from the copyright holder, Decca Records. However, they did not obtain permission from the Rolling Stones’ former manager, Allen Klein, who owned the copyrights to their pre-1970 songs,

Why is there a separate copyright holder and copyright owner with one being able to ignore the deal the other one made?

PeleSpirit,

From Wikipedia, the dispute and resolution is crazy:

Credits dispute

The Verve negotiated rights to use the “Last Time” sample from the copyright holder, Decca Records. However, they did not obtain permission from the Rolling Stones’ former manager, Allen Klein, who owned the copyrights to their pre-1970 songs, including “The Last Time”.[7] When “Bitter Sweet Symphony” was about to be released as a single, Klein, then the head of ABKCO Records, refused clearance for the sample, saying the Verve had used a larger portion than agreed.[15] According to the Verve’s guitarist, Nick McCabe, the dispute depended not on the sample but Ashcroft’s vocal melody, which a musicologist determined was a half-time version of the Rolling Stones’ “Last Time” melody.[10]

The Verve’s co-manager, Jazz Summers, contacted their American record label, Virgin Records, for help. Virgin played “Bitter Sweet Symphony” for the Rolling Stones members Mick Jagger and Keith Richards, who liked it but declined to become involved in the dispute.[7] Summers also sent a copy to Loog Oldham, the Rolling Stones’ ex-manager, who wrote back: “Fair cop! Absolute total pinch! You can see why [ABKCO are] rolling up their sleeves.”[7]

Following a lawsuit, the Verve relinquished all royalties to Klein and the songwriting credits were changed to Jagger–Richards.[15][7] Ashcroft received $1,000.[16] His co-manager, John Kennedy, described it as “one of the toughest deals in music history”.[17] According to the Verve’s bassist, Simon Jones, the Verve were told they would be given half the royalties, but when the single began selling well, they were instructed to relinquish 100% of the royalties or remove it from sale.[18]

Rolling Stone wrote that the outcome was “patently absurd”, noting that Jagger and Richards were not involved with the sample or Ashcroft’s melody and lyrics.[19] Ashcroft said sarcastically that “Bitter Sweet Symphony” was “the best song Jagger and Richards have written in 20 years”,[7] and that it was the Rolling Stones’ biggest UK hit since “Brown Sugar” (1971).[18] Asked in 1999 whether he believed that the situation was fair, Richards said: “I’m out of whack here, this is serious lawyer shit. If the Verve can write a better song, they can keep the money.”[20] David Whitaker, who wrote the string line in the “Last Time” sample, said in 2001: “The whole thing just makes one a bit sick, really.”[9]

In 1998, “Bitter Sweet Symphony” was used in a television advertisement for Nike.[21] According to a statement released by the Verve’s management, the Verve had a policy against licensing their music to advertising and would not have consented had they retained the rights to the song. As Virgin retained the synchronisation rights, the Verve received a percentage of the money earned from the advertisement.[21] In 1999, Loog Oldham sued ABKCO, saying he was owed up to £1 million in mechanical royalties for the use of the “Last Time” sample.[22][23] Return of credits to Ashcroft

Billboard estimated that “Bitter Sweet Symphony” had generated almost $5 million in publishing revenue by 2019.[17] In 2018, Ashcroft expressed his anger over the situation, saying: “Someone stole God-knows-how-many million dollars off me in 1997, and they’ve still got it … Anyone, unless you are mentally ill, will always remember the day when 50 million dollars was stolen off them.”[16] He said he intended to pursue the matter with Klein’s son, Jody,[16] who had become the head of ABKCO following Klein’s death in 2009.[17]

In early 2019, Ashcroft’s managers approached Jody Klein. He connected them to the Rolling Stones’ manager, Joyce Smyth, who agreed to speak to Jagger and Richards.[17] That April, ABKCO, Jagger and Richards agreed to return the “Bitter Sweet Symphony” royalties and songwriting credits to Ashcroft.[17] Ashcroft announced the agreement in May, when he received the Ivor Novello Award for Outstanding Contribution to British Music from the British Academy of Songwriters, Composers, and Authors.[15] He said it was a “kind and magnanimous” move, and said: “I never had a personal beef with the Stones. They’ve always been the greatest rock and roll band in the world. It’s been a fantastic development. It’s life-affirming in a way.”[3] In a statement, the Rolling Stones said they acknowledged the financial and emotional cost of “having to surrender the composition of one of your own songs”.[3]

northendtrooper,

Damn I knew about the surrendering of their royalties. But didnt know Rolling Stones gave it back. Thats great to see.

PeleSpirit,

I was trying to find out if those were actors in the video and came across the royalties thing, that was a great thing for the rolling stones to do. It’s obviously not the same song, I bet the whole thing haunted them too.

PapaStevesy,

I mean, that string part is pretty much the entire song. Giving them full rights was definitely absurd and obviously if Mick and Keith don’t care, it shouldn’t have been an issue at all, but I wouldn’t fault them wanting at least a little recognition. But I also think the song is repetitive and bland. Also the fact it starts with the word “cuz” has always annoyed me.

PeleSpirit,

Yeah, but that string part wasn’t strings in their song and sounded completely different. There are only so many chords and notes. The Verve asked them to use it, I’m pretty sure they had no problem giving them credit. It’s just an interesting drama I’ve never heard about.

PapaStevesy,

Fair enough. Though the fact that they asked ahead of time actually makes it worse for me.

Eggyhead,
Eggyhead avatar

I had no idea. Rock history is fascinating stuff.

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