Bill Ward, contractual disputes, and the power of equality…

It has emerged this week that the heavily publicised reunion tour of early metal pioneers, Black Sabbath, faced another obstacle. The tour, which is set to begin in May, is the first since Ozzy Osbourne’s departure in 1979, despite occasional performances since the turn of the millennium. It was presented with an enormous setback earlier this year, however, when guitarist Tony Iommi was diagnosed with cancer. Iommi has vowed that the tour will still go ahead, regardless of his health problems. The tour has hit rocky ground once again, is appears, as earlier this week it was revealed that drummer Bill Ward is less than happy with his contract. Ward deemed the contract ‘unsignable’ in a letter to fans, posted on his official website, and stating that he would be ‘unable to continue’ unless this situation was rectified. Further on in the letter, it suggests that previous contracts have been ‘unreasonable’, and that the Sabbath drummer simply wants something that reflects his status within the band. In the meantime, it appears that the rest of the band may go ahead without him. It raises the question, is this dispute justified?

This is not, by any means, the first time that contractual issues have caused problems within a band, however. The Smiths, famously, had something of an acrimonious spit in 1987. The fallout from this resulted in drummer, Mike Joyce, taking legal action, after discovering that he and bassist Andy Rourke received 10 percent of profits, compared to the 40 percent taken by both Morrissey and Marr (who now has a signature Johnny Marr Guitar for fans). In 1985, Frank Zappa faced a lawsuit from former band members, Don Preston, Jimmy Carl Black and John ‘Bunk’ Gardener. They claimed they were owed $12 million in unpaid royalties, stating they ‘never saw a cent since 1970’.

Contractual problems are far more common between band and management, however. Frankie Goes To Hollywood, who dominated the charts throughout the 1980s with huge hits such as ‘Two tribes’, ‘Relax’ and ‘The Power of Love’, were, reputedly, broke when the band split, due to less than favourable contracts. The Stone Roses faced five years of legal dispute with Silvertone, when they demanded to leave the label for a major, unhappy with how they had been paid by Silvertone. Allegedly, the dispute related to royalties for the, then new, CD format, which was gaining huge popularity. The band was unable to release any new material during this period.

There are, however, bands that somehow, have negotiated the pitfalls of money and contracts with remarkable success. U2 are often held as something of a unique example in this regard. Since the band’s formation, all members have received an equal share of all royalties. The band is not alone in their more ‘socialist’ approach, however. The Red Hot Chili Peppers, apparently, have a similar financial arrangement, as do Coldplay. You may have noticed a pattern emerging, from these three examples. U2 have been together for 36 years, the Red Hot Chili Peppers 29 years, and Coldplay 16 years. All are amongst the most enduring of modern bands.

Without knowing the exact details of the contract that Bill Ward is unhappy with, it is impossible to truly judge whether his reaction is entirely justified. However, from looking at examples from music’s dark and distant past, and bands with a more equal attitude to money earned, it seems that he may well have a point. Unfortunately, Black Sabbath fans may not see it that way.

Guest post by Tahera Dudhwala.

  • IT law | IT disputes
    Comment from: IT law | IT disputes
    15/02/12 @ 11:03

    Great blog and nice information.

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