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Roger Waters

(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…

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Career Killers: “The Final Cut” by Pink Floyd

When we think of the most accomplished and popular rock bands, they tend to have one or two people in charge – usually the songwriters. Glenn Frey called it “song power” and used it to explain the power dynamics in The Eagles:

“A rock band is not a perfect democracy. It’s more like a sports team. No one can do anything without the other guys, but everybody doesn’t get to touch the ball all the time.”

Glenn Frey, History of the Eagles.

History tells us that, at some point, the other guys in the band will often get fed up with being in the background and either leave the band or raise such a stink that they get some concessions. Stu Cook and Doug Clifford forced John Fogerty to let them write songs for a Creedence Clearwater Revival album with disastrous results. Jason Newsted quit Metallica. Alan Wilder left Depeche Mode while Dave Gahan threatened to unless he was allowed to write songs for the band’s albums. As for the Eagles, Frey and Don Henley may have been happy in their roles as was benevolent dictators, but others in the band, particularly Don Felder and Joe Walsh, resented being underlings and this underlying tension was one of the main reasons why the band broke up.

Pink Floyd was no different, and when things finally came to a head in the early 1980s, it touched off years of litigation, decades of inconsistent artistic output from all parties involved, and sustained personal enmity and hatred that not even the promise of a triumphant one-off reunion at the biggest charity concert of the 2000s could fully fix.

This is the album that started all of that.

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Career Killers: “Van Halen III”

September 4, 1996. The MTV Video Music Awards are in full swing and the evening is full of historical moments. 2Pac, in his last televised appearance before his death, announced the formation of Death Row East – a provocative incursion onto rival turf at the height of east/west tensions in the hip hop world. A then-unknown No Doubt rocked the pre-show, serving notice to the musical world as to what was to come. A reeling Smashing Pumpkins gave one of their first performances since touring keyboardist Jonathan Melvoin overdosed on heroin and died the previous July. 

But the moment that had everyone talking was a reunion over ten years in the making, and one that fans, music executives, MTV personnel and fellow musicians had been dying for. When David Lee Roth walked out on stage with the other members of Van Halen, it was the first time he, Eddie Van Halen, Michael Anthony and Alex Van Halen had stood together on stage in over a decade. The four had made magic together, establishing Van Halen as one of the greatest and most loved bands of its era. In 1985, at the height of its popularity, Van Halen and Roth parted ways amidst plenty of recriminations and bad feelings. Sammy Hagar had taken over and had done great business for Van Halen. But Roth was the one that we all wanted to see again (heck, in the weeks leading up to the show, MTV ran a 45 second spot featuring some of Dave’s greatest music video moments set to the “Welcome Back Kotter” theme). By appearing together at the VMAs, the classic lineup was surely going to let the past be the past and record a kick-ass record that would restore them to supremacy in a musical world increasingly dominated by alternative music and hip-hop.

Instead, we got Van Halen III.

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