The Politics of Songwriting - Part Five

The three members of Green Day split songwriting royalties evenly despite the fact that, from what I can tell, Billy Joe Armstrong writes the lyrics and melodies for their songs. Kurt Cobain, on the other hand, received sole songwriting credit for all but a couple of Nirvana's songs (a co-write and a b-side written by the band's drummer Dave Grohl).

Two entirely different ways of approaching songwriting royalties. And there's everything in between. There are no rules, and that, I think, is as it should be.

Green Day's all-for-one attitude has kept the band together through a long and impressive career. Billy Joe's decision to share writing credits may play a major part in this.

There are many Green Day covers out there. I've got a great version of 'Good Riddance (Time of Your Life)' recorded by Glen Campbell. Like the Green Day arrangement, it's mostly the singer, an acoustic guitar, and an orchestra. It's hard to imagine what role Trés Cool, and Mike Dirnt (the drummer and bassist) played in writing the song, but they receive equal shares of songwriting royalties from any cover versions. Best I can tell, Billy Joe is cool with this.

What if, though, one or both of Billy Joe's bandmates left the band in their early days - a situation that has befallen many young writers? They would continue to receive royalties, from songs they may not have contributed to, despite the fact that Billy Joe would now be performing with a new drummer and bass player in Green Day. Maybe they have a contract that deals with this. Maybe they don't care.

Kurt Cobain's band, Nirvana, had five drummers before Dave Grohl joined. Splitting his songwriting royalties with one of them might have induced that drummer to stay on (or made Cobain less-likely to fire him) and Nirvana could well have cemented an entirely different line-up - in the way that Green Day did. But that line-up would not, then, have included Dave Grohl - a significant contributor to Nirvana's aural appeal. Nirvana members Grohl and Krist Novoselic did not receive (with only two exceptions) songwriting royalties on Nirvana songs. Best I can tell, they were cool with this.

Since his days in Nirvana, Dave Grohl has become one of the world's most successful musicians and the "primary songwriter" for the Foo Fighters, just as Cobain was for Nirvana. Ironically, since I've referenced him in this ongoing rant about the politics of songwriting, Nirvana's bass player Krist Novoselic is currently active in ... politics, as an elected State Committeeman in Washington State.

UPDATE/CORRECTION:

Rolling Stone Magazine has run (in September 2012) an online version of a Kurt Cobain interview from their January 27 1994 issue. In it, Kurt Cobain breaks down Nirvana's songwriting shares. I was wrong about him receiving all the royalties. If my math is correct, it appears he took a total of 87.5% while the other two band members shared the remaining 12.5%, for a total of 6.25% each. Here's how he put it:

Haven't there been any issues where there was at least heated discussion? Yeah, the songwriting royalties. I get all the lyrics. The music, I get 75 percent, and they get the rest. I think that's fair. But at the time, I was on drugs when that came up. And so they thought that I might start asking for more things. They were afraid that I was going to go out of my mind and start putting them on salary, stuff like that. But even then we didn't yell at each other. And we split everything else evenly.

The Politics of Songwriting - Part Four

So …

Let’s say you get together with a group of friends occasionally to have a few beers and jam. And let’s say that another friend brings along some recording gear one night and captures what turn out to be some impressive and only slightly beer-addled performances, which he, in turn, passes on to a record company president he knows. On the basis of the four completed songs he’s heard, the record company president offers to immediately sign the “band” to a multimillion dollar contract. In addition to the signing advance and artist royalties, shared by all band members, the record company will need to know who gets the songwriting royalties.

~ Brian Smith, Daryll Stelmaschuk, Me, Derek Solby in 1965

Since you and your mates have never had a reason to discuss songwriting, the subject suddenly becomes the elephant in the jam-room. Although the rhythm guitar player vaguely recalls someone calling out chord changes, and a beer being spilled on a notebook full of lyrics, he’s decided that songwriting credit should be split even-steven amongst the Beer Brothers (his choice for the new band’s name). Much of what you played on your Les Paul was extemporized … a lick here, a solo there … and your only clear memory of the evening was having to stop frequently because the drummer seemed to be having trouble catching the groove – so you’re feeling unwilling to share royalties with him. And although the lyrics for the songs seemed to come together surprisingly quickly, you’re considering changing some of the lame parts. This, you decide, will be your after-the-fact songwriting contribution, and justification for your share. The bass guitar parts were played by a friend who’d shown up late with a case of Red Stripe. This was his first jam. Some of the Beer Brothers privately resent his “Brother” status and question his right to any kind of royalties. The keyboard player is a big fan of the drummer and plays with him in another band. He’s the one who sang the lyrics and melody he’d learned from the drummer’s demos of the four songs. The drummer was the one calling out the chords and stopping the band when things got off track. He’s not happy with the sloppy playing on the recordings, and was considering taking his songs elsewhere – but now he’s stoked about the million dollar recording deal.

So what happens next? Politics, that’s what. At this juncture, with our imaginary record contract in the balance, anything could happen. At one extreme, the whole adventure could end in a Commitments-worthy stalemate, possibly concluding with a drunken Irish fist fight. More likely though, some kind of compromise will be hammered out. An acknowledgement of the drummer’s songwriting contribution would be a fair and just outcome, so let’s choose that hypothetical road for the Beer Brothers and consider what could happen next.

At the first official band meeting, the drummer’s demos are played and it’s unenthusiastically agreed that songwriting royalties for the four initial songs should go to him. In the following weeks though – after receiving advance money from the record company – the four other Brothers invest in recording setups not unlike the drummer’s. By the time you and your buddies meet up to jam some new tunes for the record, each player is packing a collection of freshly-written songs. There are 46 in all and only a dozen or so are required. To a layman, the solution might seem simple – just narrow it down to the best songs – but in this hypothetical scenario (and very often in real life) each player believes, not surprisingly, that his tunes are the best ones.

So what happens next? Politics again, of course.

With the musical direction of the band now at stake – further complicating the songwriting issue – tensions begin to mount. Your band’s overnight success has attracted press interest and your bass player, by virtue of his boyish charm and good looks, has been singled out. During interviews, he talks at length about his songs and the musical thrust of his band. The keyboard player, still tweaking mixes for his eleven tunes, now openly mocks the drummer’s “over-commercial” pop songs. The rhythm guitar player has increased his pot intake and tinkers constantly with a vintage Echoplex he’s borrowed to enhance his trippy dub songs. You’re confused. The drummer’s pissed …

Left to their own devices at this point, the BB’s could break-up, reshuffle personnel (“creative differences”) or work out another politically expedient compromise. As you can see from this admittedly accelerated and time-compressed scenario, these compromises come less easily as the potential for money and fame increases.

So who’s songs get on the album? Since I prefer happy endings, and because I’m making this up, I’ll predict that the record company introduces you all to a world-class producer who listens through the 46 songs and ultimately chooses to record only those written by the drummer. In fact, he likes those tunes no better than the others, but he’s learned that the record company president chose the four original drummer-composed songs – and the president signs his $50,000.00 cheque. To cover his ass professionally and creatively, though, he also insists that the band cover four songs that were hits in the sixties.

If I were in a malevolent mood, I could continue the story detailing how, after the release of the first hugely successful album, the producer sues the drummer/songwriter for a share of his royalties based on his contention that he contributed to the songs in the studio. Well-known songwriters might be called in for their expert testimony.

•

This isn’t particularly exaggerated. These kind of politics are more likely than not to arise. Some bands manage to co-exist longer before these issues begin to complicate things – and a few lucky crews, by virtue of some fortuitous alignment of the stars, sail through their entire careers with no significant political crises at all.

In a collaborative creative endeavour all things are possible and, as with creativity in general, breaking and bending rules and conventions keeps music interesting and alive. Any combination of input and talent can complete a successful creative project, but when money is injected into the equation, things can get complicated.

I’ll start working on part 5 now ...

The Politics of Songwriting - Part Three

I fell in love with popular music around the time Elvis showed up. I was only 6 years old when “Heartbreak Hotel” and “Don’t Be Cruel” topped the charts but I could probably still sing you all the songs on that year’s hit parade.

~ Me - Writing lyrics on the first US Trooper tour in 1975

With notable exceptions, most of those songs were written by professional songwriters. Jerry Leiber and Mike Stoller, for instance, wrote many of the seminal rock and roll classics that I believed Elvis, The Drifters, Dion and Ben E. King wrote. (In fact, Elvis never wrote a song.) Later on, many of my faves were crafted by the prolific Motown and Brill Building songwriting teams, and not by the talented singers and groups whose 45’s I was buying.

More and more though, the line between songwriter and performer was blurring. Singers like Sam Cooke, Johnny Cash, Little Richard, Marvin Gaye, Hank Williams, Smokey Robinson and Roy Orbison, to name a few, also wrote the songs they sang. Some, like Orbison, sang both originals and covers.

Regardless of where the songs came from, the music (or “backing tracks”) for the majority of these records was performed by musicians who remained mostly anonymous. As an example, the music you hear behind Motown artists like The Temptations, Marvin Gaye, The Supremes and the Four Tops was performed by a group of unheralded and uncredited players nicknamed “The Funk Brothers”. The excellent 2002 documentary, 'Standing in the Shadows of Motown’, points out that, despite their anonymity, this group “played on more number-one hits than The Beatles, Elvis Presley, The Rolling Stones, and The Beach Boys combined.”

In the sixties, though, the players began to emerge from the shadows. With the arrival of The Beatles – and record production that mixed guitar-and-drum-heavy tracks almost equally with the vocals – the pop music audience began to acknowledge and appreciate the importance of the band members’ musical contributions. The traditional format of singer (or vocal group) and back-up band was breaking down. ‘Group’ or ‘Band’ more often referred to both the singers and the musicians who made the records. John, Paul, George and Ringo – Mick, Keith, Charlie and Bill were all members of seemingly democratic, one-for-all-and-all-for-one musical posses, and were, in the eyes of their fans at least, equal contributors to the records they made.*

The conventions of songwriting and arranging changed as well. Songs increasingly came from within the band and their arrangements were often constructed by the band members as a group effort.†

In those bands where no clear division of roles was agreed upon, the difference between “songwriting” and “arranging,” and who should get credit for what, often became a contentious matter of opinion - as did the answer to the question “whose songs should end up on the album?” To this day, the fundamental issues of authorship and creative voice can be a divisive undercurrent that can weaken or destroy an otherwise healthy band or artist.

Although the Beatles popularized the idea of an autonomous band of equals - John Lennon and Paul McCartney wrote the lion’s share of the songs that fuelled the band’s astonishing career. They divided all their songwriting credits 50/50, which in their case meant that if one of them showed up with 90% of a song, the other would still receive 50% for helping to finish it. In fact, based on an agreement made in their teens, they also split credit equally on songs they’d written independently.

George Harrison also wrote songs for the group but had difficulties in getting The Beatles to record his music. Only one of his songs appeared on the Sergeant Pepper’s Lonely Hearts Club Band album (considered one of the most important albums in the history of popular music) and, tellingly, no other Beatle played on that track. Soon after the release of their next album (The White Album), Harrison quit the band. Although he later returned, the White Album sessions – during which the band’s songwriting became increasingly insular and individualized – marked the first serious tensions within the group, from which they never fully recovered.

~ Brian Smith & Ra McGuire in 1976

My partner and I also split our Trooper songwriting 50/50, although the songs I write independently are credited to me alone. Like George Harrison, I would have preferred to have had more of my songs on the albums, but I, also, had difficulties in getting them recorded. Frank Ludwig, who sang and played keyboards on four of Trooper’s nine studio albums was likewise keen to have more of his songwriting included, and his eventual departure from the band was directly related to his lack of success in that regard.

Like The Beatles’ White album sessions, Trooper’s month-and-a-half sojourn at Sundown Studios, recording the Flying Colors album, was also, arguably, the beginning of the end for the group that recorded the band’s biggest hits. The overarching tensions of those sessions, and the paths we all took as a result, were the result of songwriting politics the likes of which I had never previously encountered.

Part Four coming soon. ††

*Note that in the jazz world, musicians had already been acknowledged and appreciated for years – my references to anonymous backing tracks are specific to popular music.

† Please note the word “often” here. Professional songwriters continued to flourish during this period, as they do today.

†† This is all seeming a bit too scholarly and preachy to me overall, for which I apologize. If I didn’t think the historical detail might be illuminating for some of you, I wouldn’t be boring you with it … and I hope to soon get on with something more entertaining.

Connor McGuire's 'Song a Week' Project - Week 1

Connor decided a week ago that he would try to write a song a week. Then, in a moment of what I would characterize as foolhardy overconfidence, he added a video camera into the mix - recording the emotional peaks and valleys of his pressurized songwriting process.

As most parents probably would, I gritted my teeth, far more concerned about the outcome than he seemed to be. And, although he started out strong he had ground to a halt by the middle of the week.

In the hopes that I’ve built both your interest and suspense, Here's the first two vids. (SPOILER: The resulting song is amazing and more-so after you’ve watched him piece it together)

PART ONE:

PART TWO:

What I Did This Weekend

On Sunday, me, Connor and sound engineer extraordinaire Pat Glover settled into Whitewater Studio for an all day "Mic Shootout". We set up a collection of some of the best and most highly regarded microphones in the audio world and compared them, one to the other. It was a day of spectacular audio geekdom. We had an excellent time.

Tentative and Tenacious

The longer I leave it, the more I have to write about, and the harder it is to begin again. I’ll start by trying to pick up where I left off.

‘Lee’ from Universal Music Canada came through with digital downloads. Half of our recorded output is now legally available online. There are still two unreleased albums that Universal owns but seems to be unable or unwilling to offer to the public. Once I muster the appropriate energy, I may bring this up.

‘Lee’ worked hard for us. He was friendly, positive and professional. He was a pleasure to work with and I told him so in an email at Christmas time. I wrote to him again this week, asking about download-related royalties and how they compare to our non-digital penny-rate. I also asked if he could look into our royalties for 2003 - which we have not received. Occasionally, I morph into a jaw-locked, mouth-foaming dog, tenaciously dragging behind a leg I’ve bitten into. It’s embarrassing sometimes.

Both my mothers have been to the hospital and have returned to us healthy. My Mother has moved from her house in Langley to a much smaller place here in White Rock. Her house sold last night. Our families have all weathered a series of emotional, worrisome, physically and mentally taxing, stressful, but ultimately positive sea changes lately. Those seas appear to be calming as the days begin to lengthen and grow warmer.

Today, Connor and I bought an Apex 460 tube condenser microphone and a ‘Groovetube’ vacuum tube so we could perform the mod that, according to a panel of audio engineers at a prominent Vancouver studio, will make the 460 the rough equivalent of a Neumann U87 - a revered, and much more expensive, mic. Connor’s downstairs now, using it. I can hear him singing.

Death by a Thousand Emails

I am trying to remain free of cynicism as I watch an annoyingly familiar scenario unfold. Is this new hold-up a final and easily overcome hurdle, or is it the most recent laceration in a death by a thousand cuts?

After reporting that they were “fully up to speed now” and “alert to get this done”, “Lee” from Universal Music Canada emailed me, on November 3rd, regarding a problem with the Trooper digital downloads. He says that they will be good to go on November 21st with “all the albums except Hot Shots”. Our greatest hits collection - all the songs most people would want to download - cannot, for the moment, be included because of “a US system issue with incorrect info”.

A US system issue with incorrect info.

He says they’re trying to “get it fixed” for December 5th and that he’ll keep me posted.