1:52 pm
SOMEWHERE I heard that George Harrison purchased the copyright (publishing) to HE'S SO FINE. Unless it was Allen Klein, but methinks that both My Sweet Lord and He's So Fine eventually ended up under the same umbrella. Looking that up now.
Just intrigued about the purchase of the publishing, and an interesting story on Arm and Hammer products.
Armand Hammer bought Arm & Hammer though it was created in the 1800s, years before he was born 1898
The Chiffons re-recorded "He's So Fine" with members of the Tokens and with Carole King on piano, and it was released by Laurie Records in late 1962, reaching number one on both the Billboard Hot 100 and the R&B chart in March 1963.[5] As a follow-up, the Chiffons also recorded another of Mack's songs, "Lucky Me", but it was unsuccessful.[4
]Court hearing and ruling[edit]
Bright Tunes Music v. Harrisongs Music went to the United States district court on 23 February 1976, to hear evidence on the allegation of plagiarism.[15][121] Harrison attended the proceedings in New York, with a guitar, and each side called musical experts to support its argument.[116] Harrison's counsel contended that he had drawn inspiration from "Oh Happy Day" and that Mack's composition was also derived from that hymn. The judge presiding was Richard Owen, a classical musician and composer of operas in his spare time.[124]
After reconvening in September 1976, the court found that Harrison had subconsciously copied "He's So Fine", since he admitted to having been aware of the Chiffons' recording.[125] Owen said in his conclusion to the proceedings:[126]
https://en.wikipedia.org/wiki/My_Sweet_Lord
By the time "He's So Fine" had started to become a chart hit, Mack was already terminally ill with Hodgkin's lymphoma. He died, aged 23, in 1963, by which time the royalties received for the song had begun to raise his family out of poverty.[1]
After his death, his mother Louise Mack attended a songwriters' convention at which her son won an award for "He's So Fine", and in accepting the award on his behalf gave a moving speech. Songwriters Lamont Dozier and Eddie Holland, who were also at the event, were inspired by the speech, remembered Mack's name, and co-wrote the song "Jimmy Mack", with its chorus of "Jimmy Mack, when are you comin' back?". Recorded by Martha and the Vandellas in 1964, "Jimmy Mack" became a major hit for the group in 1967.[2][6][7]
Bright Tunes Music, the company which owned the rights to "He's So Fine", won a notable lawsuit against George Harrison, starting in 1971, for subconscious plagiarism of Mack's tune in writing "My Sweet Lord". Much of the eventual settlement of $587,000 damages was paid to Mack's surviving family.[1][8]
I MET ALLEN KLEIN IN HIS NEW YORK
OFFICES TWICE. HEARD HIS SON
TRANSFERRING THE SAM COOKE TAPES
When this action was commenced, the business affairs of The Beatles, including Harrison interests, were handled by ABKCO Music, Inc. (ABKCO) and Allen B. Klein, its President and “moving spirit.” ABKCO Music, Inc. v. Harrisongs Music, Ltd., 508 F. Supp. 798, 799 (S.D.N.Y. 1981).3 ABKCO was Harrison’s business manager during the initial stages of the copyright liability action herein, at which time the litigation was handled for Harrison by ABKCO’s General Counsel.
The following events preceded the instant appeal. Shortly after this action was commenced in February 1971, Klein (representing Harrisongs Music, Inc. and George Harrison) met with Seymour Barash (President and major stockholder of Bright Tunes) to discuss possible settlement of this lawsuit.4 Although Klein, at trial, denied having specific knowledge of the details of this discussion, he testified that he had suggested to Barash, around February of 1971, a purchase of the entire stock of Bright Tunes as a way to dispose of this lawsuit. Thus, in 1971, Klein was acting on behalf of Harrison Interests in an effort to settle this copyright infringement claim brought by Bright Tunes, although no settlement resulted.
Subsequent to the Klein-Barash meeting, Bright Tunes went into “judicial dissolution <722 F.2d 991> proceedings.” This infringement action was placed on the district court’s suspense calendar on March 3, 1972, and was resumed by Bright Tunes (in receivership) in early 1973. Also in early 1973 (March 31), ABKCO’s management contract with The Beatles expired. Bitter and protracted litigation ensued between The Beatles and ABKCO over the winding down of management affairs – a dispute that ended in 1977 with The Beatles paying ABKCO $4.2 million in settlement.
There is some disagreement as to whether further settlement negotiations took place between Harrison Interests and Bright Tunes between 1973 and mid-1975.5 It appears undisputed, however, that Harrison Interests’ attorney at least initiated settlement talks in the late summer of 1975; that in the period October 1975 through February 1976, settlement discussions took place between Bright Tunes’ counsel and counsel for Harrison Interests regarding settlement of this infringement action (an offer by Harrison Interests based on United States royalties); and that those discussions were in the 50%/50% or 60%/40% range. These discussions culminated <221 USPQ 492> in a $148,000 offer by Harrison Interests in January of 1976 (representing 40% of the United States royalties).
At about the same time (1975), apparently unknown to George Harrison, Klein had been negotiating with Bright Tunes to purchase all of Bright Tunes’ stock. That such negotiations were taking place was confirmed as early as October 30, 1975, in a letter from Seymour Barash (Bright Tunes’ former President) to Howard Sheldon (Bright Tunes’ Receiver), in which Barash reported that there had been an offer from Klein for a substantial sum of money. The same letter observed that “[Klein] would not be interested in purchasing all of the stock of Bright Tunes * * * if there was any doubt as to the outcome of this litigation.”
In late November 1975, Klein (on behalf of ABKCO) offered to pay Bright Tunes $100,000 for a call on all Bright Tunes’ stock, exercisable for an additional $160,000 upon a judicial determination as to copyright infringement. In connection with this offer, Klein furnished to Bright Tunes three schedules summarizing the following financial information concerning “My Sweet Lord”: (1) domestic royalty income of Harrisongs Music, Inc. on MSL; (2) an updated version of that first schedule; and (3) Klein’s own estimated value of the copyright, including an estimate of foreign royalties (performance and mechanical) and his assessment of the total worldwide future earnings.
Barash considered the Klein offer only a starting point. He thought that a value of $600,000 was more accurate and recommended a $200,000 call, based on a $600,000 gross sales price. Also in December 1975, Barash noted, in a letter to counsel for the Peter Maurice Co., that Harrison Interests’ counsel had never furnished a certified statement of worldwide royalties of MSL, but that from conversations between Stephen Tenenbaum (accountant for several Bright Tunes stockholders) and Klein, Bright Tunes had been given that information by Klein.
Shortly thereafter, on January 19, 1976, Barash informed Howard Sheldon (Bright Tunes’ Receiver) of the Klein offer and of the Bright Tunes stockholders’ unanimous decision to reject it. Barash noted that “[s]ince Mr. Klein is in a position to know the true earnings of ‘My Sweet Lord,’ his offer should give all of us an indication of the true value of this copyright and litigation.” Sheldon responded in a letter dated January 21, 1976, noting, inter alia, that Harrison’s attorneys were informed that no settlement would be considered by Bright Tunes until total sales of MSL were determined after appropriate figures were checked.
On January 30, 1976, the eve of the liability trial, a meeting was held by Bright <722 F.2d 992> Tunes’ attorney for all of Bright Tunes’ stockholders (or their counsel) and representatives of Ronald Mack. The purpose of the meeting was to present Bright Tunes with an offer by Harrison Interests of $148,000, representing 40% of the writers’ and publishers’ royalties earned in the United States (but without relinquishment by Harrison of the MSL copyright). At the time, Bright Tunes’ attorney regarded the offer as “a good one.” 508 F.Supp. at 802. The Harrison offer was not accepted, however. Bright Tunes raised its demand from 50% of the United States royalties, to 75% worldwide, plus surrender of the MSL copyright. The parties were unable to reach agreement and the matter proceeded to trial.
B. Liability Trial and Events Thereafter
http://digital-law-online.info/cases/221PQ490.htm
References
Ronnie Mack | |
|---|---|
| Birth name | Ronald Augustus Mack |
| Also known as | Rocco Mack |
| Born | July 11, 1940 New York City, United States |
| Died | November 5, 1963 (aged 23) The Bronx, New York City, U.S. |
| Genres | Doo-wop, R&B, pop |
| Occupation(s) | Songwriter, singer |
| Years active | 1955–1963 |
| Associated acts | The Marquis Little Jimmy Rivers and the Tops The Chiffons |
Ronald Augustus Mack (July 11, 1940 – November 5, 1963)[1] was an American songwriter, singer and talent manager who wrote "He's So Fine", a number one chart hit in 1963 for the Chiffons and the apparent inspiration for George Harrison's "My Sweet Lord". Mack's early death reportedly inspired Holland, Dozier and Holland to write the song "Jimmy Mack".
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