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Career Killers

(Legal) Career Killers: R. Kelly and RICO, The Mann Act, Sex Abuse Laws, Child Pornography, Child Sex Trafficking, Forced Labor Laws…

Welcome to (Legal) Career Killers — a series that looks at how the law, lawyers or lawsuits killed a band’s or artist’s careers. In other words: They fought the law and the law won.

Americans love a good comeback story, and until recently, R&B superstar R. Kelly was in the midst of one of the most unlikely yet successful second acts in recent memory.

Accused of filming himself having sex with an underage girl, the hitmaker was acquitted on charges relating to child pornography in 2008. Kelly largely emerged unscathed. The self-proclaimed “King of R&B” subsequently reclaimed his throne, working with A-list singers, touring and receiving multiple Grammy nominations. Although a 2017 investigation published in Buzzfeed accusing the singer, songwriter and producer of holding underage girls captive in a sex cult resulted in some backlash, including streaming services refusing to promote his songs, Kelly kept his record deal, and more important, his freedom. Kelly may not have been able to fly, like he believed in his famous song, but it sure seemed as if he could do almost anything else, including dodge bullets.

But then the documentary Surviving R. Kelly premiered on Lifetime in January 2019. The six-part miniseries investigated the sex cult allegations while revisiting some older accusations against the singer, including those that led to the 2008 trial and his 1994 marriage to protegee Aaliyah, who was then 15 years old. Containing interviews with several former girlfriends, his ex-wife, family members and associates, the documentary succeeded in clipping Kelly’s wings. Days after the premiere, Georgia and Illinois opened criminal investigations and encouraged more victims to come forward. By the next month, Kelly had lost his record deal and been charged by the Cook County state’s attorney in Chicago with sex abuse. In July 2019, he got hit with federal sex abuse charges as well.

“I was so shocked that law enforcement got involved,” Surviving R. Kelly executive producer Tamra Simmons says. “We thought, ‘Maybe the families [of his accusers] could pursue legal action if and when they were reunited with their daughters.’ We knew there were certain laws that he had broken. What we didn’t know was if anyone would do anything about it.”
Victor Li, “Reel Power: Documentaries are shaping public opinion and influencing cases,” ABA Journal, August-September 2020

Turns out, this time there were quite a few members of law enforcement who were willing to do something about it. As such, the only performances R. Kelly has to worry about for the next 20-30 years will be at his federal prison’s talent show — provided they have them.

(Legal) Career Killers: The Lovin’ Spoonful, Buffalo Springfield and Pot Busts.

Welcome to (Legal) Career Killers — a series that looks at how the law, lawyers or lawsuits killed a band’s or artist’s careers. In other words: They fought the law and the law won.

It might be hard for anyone who grew up at any point prior to the 2010s to wrap their heads around just how little many police departments, prosecutors, and governments care about marijuana now. As of this writing, cannabis is fully legal in 20 states and the District of Columbia and legal for medical use in 25 more (subject to some restrictions in some states pertaining to dosage or types of products).

That’s a far cry from when marijuana was widely considered a gateway drug to hardcore narcotics, like cocaine, heroin or LSD. “Leading medical researchers are coming to the conclusion that marijuana, pot, grass, whatever you want to call it, is probably the most dangerous drug in the United States,” said Ronald Reagan during his 1980 Presidential campaign. “And we haven’t begun to find out all of the ill-effects, but they are permanent ill-effects.”

During the tumultuous 1960s, marijuana was a staple of the counterculture — especially when it came to the music scene. Of course, that drew the attention of the 5-0, and as two major bands from that era found out, Johnny Law isn’t one that you want to mess with.

(Legal) Career Killers: Chuck Berry and the Mann Act

Welcome to (Legal) Career Killers — a series that looks at how the law, lawyers or lawsuits killed a band’s or artist’s careers. In other words: They fought the law and the law won.

When Chuck Berry passed away in 2017 at the age of 90, plenty of commentators, musicians and critics dubbed him the “Father of Rock & Roll.”

After all, if anyone helped form what we now know as rock & roll, it was Berry. There were better guitarists, but Berry’s flamboyant playing style and flair for creating simple yet infinitely catchy and memorable riffs established a template for countless musicians to follow, including arguably the two greatest and most influential rock bands of all time: The Beatles and The Rolling Stones.

He was a talented songwriter who created some of the best and most popular songs of all time — songs that still hold up to this day, like “Maybellene,” “Roll Over Beethoven,” “Rock and Roll Music” and “Johnny B. Goode,” among many others.

Perhaps most importantly, his appeal to audiences of all ages and races (especially as a Black man whose career peaked in the 50s) represented the ultimate ideal of rock and roll as a utopian, unifying force that transcended color and class.

And of course, his offstage debauchery and repeated run-ins with the law made him a trailblazing rock star in other ways. Berry was arrested multiple times on charges ranging from assault to tax evasion to drug possession to child abuse. He was also sued by multiple women for allegedly videotaping them using the restroom in his restaurant without their knowledge. And years before R. Kelly was accused of recording himself urinating on young girls, Berry starred in homemade porn tapes involving Golden Showers and Cleveland Steamers (look it up, but not if you’re in a public place).

But there was one arrest in December 1959 that was so controversial and generated so much outrage that it, effectively, killed his career. It also set him on the path towards establishing another rock cliché: the aging, over-the-hill star who makes a living by becoming a fixture of the oldies circuit.

(Legal) Career Killers: George Michael v. Sony

Welcome to (Legal) Career Killers — a series that looks at how the law, lawyers or lawsuits killed a band’s or artist’s careers. In other words: They fought the law and the law won.

When the Rock & Roll Hall of Fame announced this week that George Michael had been named as a finalist for the 2023 class, my reaction was: “Wait, he hasn’t been inducted yet? What gives?”

After all, when I was growing up, he was one of the biggest pop stars in the world. He was also a highly respected artist who was a fantastic singer, a charismatic performer and an excellent songwriter. The Hall was built for people like him.

But then I remembered: He wasn’t a big star for very long. In fact, he disappeared at the height of his career, and when he came back, he seemed well past his prime. It all started with his decision to sue his record label.

(Legal) Career Killers: Geffen Records v. Don Henley

Welcome to (Legal) Career Killers — a series that looks at how the law, lawyers or lawsuits killed a band’s or artist’s careers. In other words: They fought the law and the law won.

Nothing can kill an artist’s career quite like a lawsuit.

After all, litigation not only taxes a party’s resources while putting them under an undue amount of mental and physical stress, it can also take time. Lots and lots of time.

And if an artist or band tries to take on their record label, time can be a real killer. After all, most labels simply put an artist on ice once the lawsuit is filed, essentially freezing their careers by refusing to release their recordings or promote them. Since most contracts have an exclusivity clause, artists often have limited-to-nonexistent options when it comes to recording on other labels or guesting on other people’s songs.

Simply put, for many musicians, time is a luxury they don’t have. All acts have a shelf life, and as Clive Davis once pointed out, if they aren’t in the public eye, they risk being forgotten about.

As such, artists end up losing years of their career that they’ll most likely never get back. For instance, George Michael was one of the biggest stars in the world when he sued Sony to try and get out of his record deal. The lawsuit dragged on for nearly two years and Michael’s career never quite recovered. Same for Prince when he challenged Warner Bros.

Same for Don Henley when he took on Geffen Records. Luckily, he had other things to fall back on…

(Legal) Career Killers: Michelle Branch and her Warner Bros. Contract

Welcome to (Legal) Career Killers — a series that looks at how the law, lawyers or lawsuits killed a band’s or artist’s careers. In other words: They fought the law and the law won.

When Michelle Branch was arrested in August for assaulting her husband, Patrick Carney of the Black Keys, it raised so many questions:

“Wait, she married the drummer from the Black Keys? When did that happen?”

“And he allegedly cheated on her? One of the hottest and biggest stars of the early 00s and someone who’s music is still widely beloved by people of a certain age?”

“Speaking of which, what happened to her anyway? Where did she go for 15 years?”

Well, the answers are yes (they got together shortly after Carney produced Branch’s 2017 comeback album, Hopeless Romantic), that’s what she said on Twitter (although she later deleted her Tweet and suspended divorce proceedings), and it’s complicated.

(Legal) Career Killers: “Alone Again” by Biz Markie

Welcome to (Legal) Career Killers — a series that looks at how the law, lawyers or lawsuits killed a band’s or artist’s careers. In other words: They fought the law and the law won.

I wrote an ABA Journal cover story in 2019 looking at songs that changed the law. The issue of sampling has become an important one when it comes to copyright law. A major reason why was because of two 1991 cases. I spotlighted the first: a lawsuit filed by members of 60s era band The Turtles against hip hop group De La Soul. I decided to take a look at the second one, which involves the recently deceased rapper Biz Markie.

When the Diabolical Biz Markie died in July 2021, many publications made sure to emphasize that he was more than just a one hit wonder. Widely known for his big personality and sense of humor, the “Clown Prince of Hip Hop” (he once recorded a song about picking his nose called “Pickin’ Boogers” – either that or “Weird Al” Yankovic’s “Gotta Boogie,” is the best song ever written about nose doo-doo) was a highly influential rapper who was beloved in hip hop circles and by his fans.

But the fact remains that most people only knew him by his big hit, 1989’s “Just a Friend.” A major reason why he never had another was because of a lawsuit that helped set a precedent in the then-grey area of sampling.

Career Killers: “Be Here Now” by Oasis

I read several articles commemorating Oasis’ mammoth 1997 album, Be Here Now, which was recently celebrated its 25th anniversary. The consensus has long been that this bloated, overproduced, self-indulgent, chemically non-enhanced album is what ended Oasis as a major commercial force and may have even killed off the Britpop phenomenon. As Rolling Stone famously put it, Be Here Now is “a concept album about how long all the songs are.”

Then I saw this review. Fatherly called Be Here Now a “perfect album” but not in terms of quality. Instead, this critic argues that the album was a perfect encapsulation of where the band was at the time and a honest reflection of everything they stood for. To me, that sounds a bit like arguing that The Room is a perfect movie because it flawlessly captures Tommy Wiseau’s delusions of grandeur and limitations as a filmmaker.

I don’t know if I buy that argument. But this album was perfect in one sense — it was a perfect disaster.

Career Killers: “Girl You Know It’s True” by Milli Vanilli

Imagine a world in the multiverse where MTV had produced a show in the late 80s/early 90s called “All or Nothing.” Introducing actors Rob Pilatus and Fabrice Morvan, the show follows two best friends from Europe as they form a band called “Milli Vanilli” and try to land a recording contract while navigating the strange land known as Hollywood, California. Along the way, they meet the women of their dreams and frantically try to track to them down because the girls forgot their numbers (even after they advised them “baby don’t“). And they have to convince a producer to give them a second chance after they missed an audition and blamed it on the rain. Girl, you know it’s true!

Maybe then we would have accepted Morvan and Pilatus lip syncing to songs other people sang and recorded. After all, famous actors like Natalie Wood, Audrey Hepburn and Christopher Plummer didn’t actually sing in West Side Story, My Fair Lady and The Sound of Music, respectively. Decades later, Rami Malek would win an Oscar for lip-syncing to Freddie Mercury’s vocals in Bohemian Rhapsody. Additionally, TV shows like The Monkees, The Partridge Family and The Heights often used studio musicians and singers on the recordings that were utilized on the show.

Instead, we got an industry-changing scandal that ruined the lives and careers of the two men who made up Milli Vanilli and helped kill off the popularity of producer-driven R&B/pop dance bands in the 90s.

Career Killers: “Talk Show” by The Go-Go’s

I’m not the biggest Billy Corgan fan, but there are times where he can be very insightful and thoughtful. For instance, in a 2017 interview with Joe Rogan, Corgan talked about how the original Smashing Pumpkins imploded and why a lot of it stemmed from the fact that he, as the main songwriter, made a lot more money than his bandmates.

According to him, one day, early in the band’s history, some record label folks took Corgan to breakfast and explained to him some of the realities of the music business. “They said: ‘Songwriters in bands make a lot more money, so our suggestion is you should share your songs with your bandmates to keep a democratic stasis.’ I was like ‘Hell no, I’m not giving them my work.'” he said. “Fast forward four years later, I’m making a lot more money than them, and that sews discontent.”

According to Corgan, being the main songwriter had another effect besides the financial — he was now seen as the genius auteur and his bandmates were seen as nothing more than his backup. “We’d get into a room with journalists and they would just talk to me. Then we would get out of the interview and the band members would yell at me for them not being asked questions,” he said. “It’s like an erosion factor. You don’t appreciate it from within, there’s a lot of compression and money and stuff going on, then one day it hollows out. And then it’s too late and you can’t just sit down and have a meeting because the wounds are too deep.”

Perhaps if he had taken a page from R.E.M.’s book, things would have gone better. When R.E.M. first started out, Peter Buck insisted on splitting the songwriting royalties equally. According to Band Together: Internal Dynamics in U2, R.E.M. Radiohead and the Red Hot Chili Peppers, by Mirit Eliraz, Buck didn’t want the band to end up like Creedence Clearwater Revival and others and recognized that this was the best way to ensure no one got the short end of the stick. Plus, in his mind, the band’s songs were just that — even though members composed songs individually, they would work together to improve them and make sure they met the band’s high standards. Other groups have taken a similar approach, including U2 and the Red Hot Chili Peppers (who write songs that arise out of group jam sessions), and Radiohead and Coldplay, where one person dominates the creative process but willingly shares credit to keep the peace.

Instead, the original Pumpkins joined a long list of bands that have split up because of songwriting royalty disputes. CCR famously imploded after the other three members got fed up with John Fogerty writing all of the songs and wanted some of that credit (and publishing money) for themselves. Levon Helm went to his grave believing Robbie Robertson had cheated him and the others in The Band out of songwriting royalties. Jane’s Addiction almost broke up before its debut album was released because of a royalty dispute. Spandau Ballet spent most of the 90s in court after three members of the band claimed they had an agreement with guitarist and main songwriter Gary Kemp to split the royalties, something Kemp, obviously, denied.

And then there’s The Go-Go’s. The band was barely hanging on by a thread by the time of its 1984 album Talk Show. A songwriting dispute proved to be the straw that broke the camel’s back.

Career Killers: The MTV Video Music Awards

The MTV Video Music Awards are this weekend. The only reason why I know that is because I’ve been wanting to write this column and looked up when the awards ceremony would be this year so I could post it beforehand.

That’s the extent of my knowledge of MTV and today’s music scene. I can’t remember the last time I actually tuned in to watch.

It’s easy to understand how someone like me could be so apathetic. MTV hasn’t played videos in years and doesn’t even stand for “Music Television” anymore, it’s fair to ask whether the Video Music Awards have outlived their usefulness.

It’s also a reminder of what the show used to mean. Edgier and hipper than the Grammys, the VMAs used to be mandatory viewing for anyone who liked music. Additionally, so many great, memorable and controversial moments happened on the show that you felt like you missed out if you didn’t experience it as it aired. Madonna writhing around on stage in a wedding dress. Prince giving us “Under the Full Moon” the sequel to Under the Cherry Moon that we didn’t know existed. Eddie Van Halen and David Lee Roth burying the hatchet — in each other. Kanye being Kanye. The list goes on and on.

And, of course, there have been plenty of less-than-stellar moments. Some have even managed to kill off an artist’s or band’s careers. Here are some of the biggest ones:

Career Killers: “Twelve Months, Eleven Days” by Gary Barlow

You’d think that being the primary frontman of a boyband would be an excellent platform for solo superstardom. After all, it’s your voice on all those hit singles and your face getting the most screen-time in music videos. Indeed, Jackson Five frontman Michael Jackson and NSYNC co-lead singer Justin Timberlake were able to parlay their group dominance into individual success. If you consider Wham! to be a boy band (I’m not sure, to be honest), then George Michael is another example.

But others weren’t able to find much success outside of their groups. Ralph Tresvant sang lead on most of New Edition’s hit singles, but only managed two hits on his own. That was one better than either Jordan Knight of New Kids on the Block or Nick Lachey of 98 Degrees managed outside of their popular groups. And, of course, we’ve covered NSYNC co-leader J.C. Chasez’s solo debut album, which flopped so badly it ended his bid for stardom before it really began.

Then there’s the curious case of Gary Barlow. The Take That frontman was a fantastic singer who sang lead on almost all of his band’s songs. And whereas most boybands relied on outside songwriters, Barlow wrote or co-wrote nine Top 10 UK hits, including five #1 singles, during the band’s initial run from 1991 to 1996. When he went solo in 1996, the British media immediately anointed him as the next George Michael. Success was not only expected, it was preordained.

As such, that only made what eventually happened all the more shocking. In 2000, barely four years after Take That’s breakup, Barlow suffered the ignominy of being dropped by his label, all but ending his solo career. Worse, he had to watch as bandmate-turned-nemesis Robbie Williams wrote songs attacking him and making fun of his misfortune en route to becoming one of the best-selling artists in the world.

Where did it all go wrong? It started with his second album, Twelve Months, Eleven Days.

Career Killers: “Take My Breath Away,” by Berlin

With Top Gun: Maverick flying up to the top of the box office charts, I figured it was worth looking at the first movie — specifically, the iconic song that everyone associates with it (besides “You’ve Lost That Lovin’ Feeling,” and “Danger Zone” of course).

As we’ve established, sometimes blockbuster hits can tear a band apart. For instance, a smash album featuring several massive singles wasn’t enough to keep the The Police from succumbing to years of public and private in-fighting. The Verve imploded right after releasing its best and most popular album, 1997’s Urban Hymns. “Mr. Roboto” gave Styx one of its biggest hit singles, but the song (and resulting concept album) tore the band apart to the point that when members reunited years later (sans the guy who wrote the song and most of the album in question), they refused to play it in concert for years.

In a similar vein, “Take My Breath Away” was a smash hit, topping the singles charts in the U.S., U.K., Netherlands, Ireland and Belgium and winning an Academy Award for Best Original Song in 1986 (beating other iconic songs like “Somewhere Out There” and “Glory of Love“). And it led to the breakup of the band credited with recording it: Berlin.

Career Killers: The Super Bowl Halftime Show

If you go by the Nielsen ratings (which measures households), 19 of the 30 highest-rated programs in United States history are Super Bowls. If you look at average viewership, then the big game accounts for 28 of the top 30.

Either way you slice it, the Super Bowl is a proven ratings draw that provides a massive stage for players, performers and ad buyers.

As such, it’s no wonder that the Super Bowl halftime performance slot has become a highly sought-after gig for many musical acts.

When done right, the show can transcend the game and become an indelible part of the zeitgeist. In 2002, for instance, U2 gave a moving performance memorializing the people who lost their lives in the September 11 attacks and helped provide a moment of healing for a nation still in mourning. Prince, Bruce Springsteen, Tom Petty, Madonna and Beyoncé reaffirmed their status as superstars while younger contemporaries like Lady Gaga, Katy Perry and Bruno Mars made a case for themselves to join their ranks.

When done wrong, however, the show can kill off an artist’s career. After all, it’s one thing to have a bad night, but to do so with the whole world watching?

Career Killers: “Garth Brooks In… The Life of Chris Gaines”

The year is 1999 and Garth Brooks seems bored.

The best-selling male artist of the 90s (only Celine Dion and Mariah Carey outsold him during that decade), Brooks has seemingly figured out the formula for enduring commercial success. All he has to do is come up with 10 songs or so, pose for the album cover in his best Stetson, put on an entertaining live show and watch the money pour in. Indeed, every one of his proper studio albums has gone Diamond up to that point, and the only one that fell short was a lightly-promoted Christmas album that came out in the summer of 1992 and eventually became a staple of the cutout bin. Of course, this being Garth Brooks, that record still managed to go triple platinum and is one of the best-selling Christmas albums of all time.

Most artists would have sold their souls to have experienced a fraction of the success that had become routine for Brooks. Certainly most artists would have been perfectly content to run that formula into the ground in order to keep that conveyor belt going for as long as possible. But Brooks seemed eager for a new challenge. He talked about retiring so that he could raise his children. He signed a minor league deal and played in spring training for the San Diego Padres.

And in September 1999, he made the decision to cross over into pop-rock. Kind of. It’s still really confusing — even 22 years later.

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