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Paul McCartney

(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.

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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?

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Career Killers: “Yes Please!” by The Happy Mondays

When it comes to movies, there are box office bombs and then there’s Heaven’s Gate.

The 1980 western epic went massively over-budget thanks to a disastrous and well-publicized troubled production and received infamously bad reviews upon release. The film ended up being such a box office bomb that it single-handedly killed director Michael Cimino’s Hollywood career and star Kris Kristofferson’s potential as a leading man (one particularly brutal review from Vincent Canby of The New York Times wondered if Cimino had made a deal with the devil to produce his last movie, Oscar-winning classic The Deer Hunter, and now the bill had come due).

And that was just the beginning. According to the documentary Final Cut: The Making and Unmaking of Heaven’s Gate, the movie may have also killed off United Artists, the studio that produced it. Shortly after writing off the film’s entire $44 million budget (equivalent to nearly $140 million in today’s money), UA was sold to MGM and ceased being an independent studio. The movie may have even killed the era of the all-powerful director, as runaway disasters like Heaven’s Gate, Apocalypse Now, At Long Last Love and others caused studios to step in and start asserting control.

By those standards, Yes Please! by the Happy Mondays is the Heaven’s Gate of albums.

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The Cool Eagle Flies Away

He was the laid-back cool guy who drove his band hard to the point where one guy poured a beer over his head when he quit the band and another nearly fought him on stage. He was the soulful country-folk singer who longed to be a rock star. He was the front-man for the most transparently commercial band of its era who desperately wanted to be seen as an outlaw or rebel.

Despite all of the contradictions, one thing remained constant: Glenn Frey was the calm, reassuring singer whose sweet voice provided listeners with an escape from all of the turmoil in their lives.

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