Background
For the past six months, Burton Cummings, the founding singer and songwriter of the iconic classic rock group The Guess Who, has been embroiled in a bitter legal dispute to regain control of his old band’s legacy. The dispute centers around the current iteration of the Guess Who, which Cummings alleges is nothing more than a “cover band” using the original group’s recordings in advertisements to boost ticket sales for live performances. The ongoing lawsuit, filed by Cummings and original Guess Who guitarist Randy Bachman, accuses the current lineup of false advertising and misrepresentation.
A Bold Move
In an unprecedented and aggressive move, Cummings has taken a nuclear action to protect his artistic legacy. He has terminated the performing rights agreements for all the Guess Who songs he wrote, effectively removing the copyright protections that allow the band (or anyone else) to perform hits like “American Woman,” “These Eyes,” and “No Time” at concerts. By doing so, Cummings has sacrificed potential royalties to prevent the current lineup from capitalizing on his original compositions. His strategy is both audacious and rare, catching the attention of music industry insiders and legal experts alike.
The Unusual Strategy
Cummings’ attorney, Helen Yu, explains that this strategy is exceptionally rare because it requires an artist to be both the writer and the publisher of their songs. Fortunately, Cummings owns the publishing rights to his compositions, allowing him to take this drastic step. By terminating the license, he aims to halt the “fake band” from performing the songs he co-created.
The Impact
Cummings’ determination to protect his musical legacy underscores the direct connection between false advertising and artistic identity. He refuses to let the current Guess Who lineup appropriate his life story and pretend it’s theirs. While the legal battle continues, Cummings remains steadfast in his mission to preserve the integrity of the band’s original work.