Love v. Wilson
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Sea of Tunes was a
music publishing A music publisher is a type of publisher that specializes in distributing music. Music publishers originally published sheet music. When copyright became legally protected, music publishers started to play a role in the management of the intellect ...
company founded in 1962 by Murry and
Brian Wilson Brian Douglas Wilson (born June 20, 1942) is an American musician, singer, songwriter, and record producer who co-founded the Beach Boys. Often Brian Wilson is a genius, called a genius for his novel approaches to pop music, pop composition, ex ...
. Murry was the first manager of
the Beach Boys The Beach Boys are an American rock band that formed in Hawthorne, California, in 1961. The group's original lineup consisted of brothers Brian, Dennis, and Carl Wilson, their cousin Mike Love, and friend Al Jardine. Distinguished by the ...
, the father of Brian,
Dennis Dennis or Denis is a first or last name from the Greco-Roman name Dionysius, via one of the Christian saints named Dionysius. The name came from Dionysus, the Greek god of ecstatic states, particularly those produced by wine, which is somet ...
and
Carl Wilson Carl Dean Wilson (December 21, 1946 – February 6, 1998) was an American musician, singer, and songwriter who co-founded the Beach Boys. He was their lead guitar Lead guitar (also known as solo guitar) is a musical part for a guitar in ...
and the uncle of Mike Love. The intention of Sea of Tunes was to publish and promote the songs written primarily by Brian.


Sale to Irving Almo Music

After the Beach Boys dismissed Murry Wilson as their manager in 1964, he continued to serve as their publisher. In July 1965, he sent a letter to Brian requesting sole ownership of the company per a verbal agreement that they had reached in 1962. According to historian Keith Badman, "Brian allowed Murry to take total control to stop his father's continual hassling on the matter." In May 1969, Brian told the music press that the group's funds so depleted that they were considering filing for
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debto ...
at the end of the year, which ''
Disc & Music Echo ''Disc'' was a weekly British popular music magazine, published between 1958 and 1975, when it was incorporated into ''Record Mirror''. It was also known for periods as ''Disc Weekly '' (1964–1966) and ''Disc and Music Echo '' (1966–1972). ...
'' called "stunning news" and a "tremendous shock on the American pop scene." In August (or November), Murry sold Sea of Tunes to Irving Almo Music for $700,000 (equivalent to $ in ), believing that the catalog's value had peaked. Brian, according to his wife
Marilyn Wilson Marilyn Wilson-Rutherford (née Rovell; born February 6, 1948) is an American singer who is best known as the first wife of the Beach Boys' Brian Wilson. Raised in Los Angeles, she started her singing career in the late 1950s, initially as part ...
, was devastated by the sale. Mike Love wrote in his 2016 memoir that the group had signed away their rights to the songs under duress, and that in the late 1980s, it was discovered that the exchange was part of an elaborate plan orchestrated over two years by Abe Somer, the Beach Boys' lawyer. Somer concealed the fact that he was also Irving Music's lawyer, which was a
conflict of interest A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations i ...
. Over the years, the catalog would generate more than $100 million in publishing royalties, none of which Murry Wilson or the band members ever received. By 1994, the catalog was estimated to be worth $40 million ($ in ). In the early 1990s, years after Murry's passing, Brian claimed fraud and sued for the return of his song copyrights. The suit suggested that Brian's signature may have been forged, "plus malpractice, misrepresentations, suppression of facts, breach of contract and conflicts of interest," making the sale illegal. While he failed to recover them in court, he was awarded $25 million in damages, including unpaid and underpaid
royalties A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset o ...
.


Mike Love credits

Mike Love alleged that he was owed credit to 79 Beach Boys songs. Love explained that Murry had never credited him for many of the songs that he had cowritten with Brian, and therefore, he had not been paid royalties. Love said he "didn't know how badly I had been abused until I was deposed in Brian's pursuit of his claims against Irving Almo and Mitchell Silverburg and Nutt, which was the attorney representing the Beach Boys and Irving Almo. An inherent conflict of interest there." Love hoped that "we don't have to go to trial because it's going to destroy Brian. He's going to be destroyed in depositions, first of all, let alone getting him in court." The parties were unable to reach a settlement, and Love filed suit against Wilson in 1992. After an eight-week-long trial and eight days of deliberation, Love won the case on December 12, 1994. The jury ruled that Love and Wilson were partners, that Wilson or his agents concealed material facts with the intention of defrauding Love, that they engaged in promissory fraud with respect to publishing credits and royalties and that Love was owed the 35 songs disputed. Love later called it "almost certainly the largest case of fraud in music history". He was subsequently awarded a cowriting credit to 35 songs that were published from 1962 to 1966, as well as $13 million. Awarded credits


Other disputed credits

* "
Surfin' U.S.A. "Surfin' U.S.A." is a song by the American rock band the Beach Boys, credited to Chuck Berry and Brian Wilson. It is a rewritten version of Berry's "Sweet Little Sixteen" set to new lyrics penned by Wilson and an uncredited Mike Love. The song w ...
" – Love alleged that he was owed credit for the song. His contribution was supported by Wilson in a 1974 interview. * " The Little Girl I Once Knew" – Love alleged that he was owed credit for the song. * "
Wouldn't It Be Nice "Wouldn't It Be Nice" is a song by the American rock band the Beach Boys and the opening track from their 1966 album '' Pet Sounds''. Written by Brian Wilson, Tony Asher, and Mike Love, it is distinguished for its sophisticated Wall of Sound-s ...
" – Love alleged that he was owed credits for additional parts of the song that he was not granted in the 1994 suit. Cowriter Tony Asher denied the claim, stating that Love was not present during the '' Pet Sounds'' songwriting sessions.


Bootleg label

In 1997, a label named after the publishing company issued a slew of unauthorized
bootleg recording A bootleg recording is an audio or video recording of a performance not officially released by the artist or under other legal authority. Making and distributing such recordings is known as ''bootlegging''. Recordings may be copied and trade ...
s sourced from Beach Boys archives.


References

Citations Bibliography * * * * {{The Beach Boys main Music publishing companies of the United States The Beach Boys Publishing companies established in 1962 Companies based in California