BB's 1967 lawsuit with Capitol & BW's access to studio time

[The Song Of The Grange]

I am wondering what people's thoughts are about the BBs lawsuit with Capitol possibly causing Brian to not be able to get studio time. Did Capitol pay for studio time and then deduct it from the BBs royalties?

On one hand, it seems that the lawsuit caused BW to limit his studio time. There seems to have been a big drop off in studio activity after the lawsuit was announced, which makes me think the lawsuit affected studio time. I have also read in a few places that a big reason for the BBs starting to record at BW's house was because it was cheaper.

But on the flip side, if the lawsuit did affect studio time then how do we explain the sessions for Tones, Vegetables, Da Da, and the very early Smiley Smile sessions, all of which were in commercial studios? When I look at this evidence I think that the drop off in recording was more do to BW's mental and emotional state, and the stalemate within the band over the Smile material.

Any thoughts?

[Jon Stebbins]

I am wondering what people's thoughts are about the BBs lawsuit with Capitol possibly causing Brian to not be able to get studio time. Did Capitol pay for studio time and then deduct it from the BBs royalties?

On one hand, it seems that the lawsuit caused BW to limit his studio time. There seems to have been a big drop off in studio activity after the lawsuit was announced, which makes me think the lawsuit affected studio time. I have also read in a few places that a big reason for the BBs starting to record at BW's house was because it was cheaper.

But on the flip side, if the lawsuit did affect studio time then how do we explain the sessions for Tones, Vegetables, Da Da, and the very early Smiley Smile sessions, all of which were in commercial studios? When I look at this evidence I think that the drop off in recording was more do to BW's mental and emotional state, and the stalemate within the band over the Smile material.

Any thoughts?

Capitol definitely tightened the purse strings because Smile was so long overdue. And yes, one of the reasons the band "threw together a studio" at Brian's house was because Capitol had choked their recording budget, their reason "We want our album." I think the "stalemate" within the band you mention is mostly myth, or 4/5's a myth...and the main stalemate was in Brian's head...not being able to finish things to his satisfaction. His mental state AND Capitol being fed up with the delays all contributed to the situation. The lawsuit was another issue.

[Cam Mott]

I've always figured it was Brian's idea, with the group's support, to give himself and the group more freedom and immediacy and to save the new record company money. Maybe Capitol was putting the choke on Brian but my impression is they were eager to kiss his/their butt/s just as they always had because right out of the box Brian had established his independence from their expectations. He had always been telling them to jump and Capitol was used to asking how high. 

Maybe the lawsuit changed the game and I don't see it, to me Cap said "we'll settle, let us distribute your new record company, junk that year's worth of work on that album for us?, ok, maybe release it after your new album for your record company?, no?, we'll bill you if you sell enough to cover it.

[guitarfool2002]

There are so many facets of this story which are barely if ever added into the debates: The issue of Capitol "tightening the belt" in the midst of a lawsuit from the Beach Boys is one of those.

Underneath everything, it has to be pointed out how much of a risk David Anderle was taking by doing this and going forward with the lawsuit. Those monies Capitol was found to owe Brian and the BB's were the ace in the hole for Anderle in some way, in the same way Allen Klein used royalties owed the Beatles to woo them (at least three of them) into changing management. Anderle and the layers he had on the case knew they had Capitol in a fix, and Capitol knew they were wrong by doing this, yet to go public with this would potentially cost Capitol untold millions because obviously the Beach Boys were not the only artists they were playing games with.

Remember too - it was not only for the money, but as this March 1967 clipping shows the Beach Boys were going to break off their relationship with Capitol entirely:



The point made in a post above is a great one: How are you going to send studio bills to a record company which you're threatening to terminate a lucrative relationship with and sue for a 6-figure back royalty settlement? It was a very bold offensive play in the game between the Beach Boys and Capitol, and it was unfolding in the press as well so it became a PR issue for Capitol to deal with - again, they knew they were in the wrong.

We've heard from Vosse and Anderle that booking studio time during this period was frustrating for Brian because he'd get the itch to record and no rooms would be available for him to book...However, the issue of who was going to pay the bills has to be pointed out because a new product had not been delivered to Capitol since October 1966.

I think the home studio is what it is...the first one was a haphazard affair literally cobbled together in Brian's house until a more permanent setup could be constructed. But it is very interesting to note that in summer and fall 1967, even with the home studio, Brian was cutting records at Wally Heider's new studio in LA. Heider had been an engineer under Bill Putnam at United/Western, before getting a name as a great mobile engineer and breaking off on his own.

The room Brian used at Heider's was apparently a near-exact reproduction of Western Studio 3 built after Heider studied every angle and dimension of Western 3 when he was there.

It makes you wonder whether the home studio was a compromise, a way to get studio time whenever Brian wanted it without the hassles of scheduling and booking, or a financial necessity.

He also stopped using the Wrecking Crew for the most part during and immediately after the lawsuit as well...was *that* decision artistic or financial since Capitol paid the musicians' union wages and fees as well? Damn, this thread is making me think and re-think things a bit.

[The Song Of The Grange]

A possible piece of evidence for a stalemate in the group over Smile material:

Brian Wilson, 1968:
Early 1967, I had planned to make an album entitled SMILE. I was working with a guy named Van Dyke Parks, who was collaborating with me on some of the tunes, and in the process, we came up with a song called "Surf's Up," and I performed that with just a piano on a documentary show made on rock music. The song "Surf's Up" that I sang on that documentary never came out on an album, and it was supposed to come out on the SMILE album, and that and a couple of other songs were junked... because... I don't know why... for some reason didn't want to put them on the album. And the group nearly broke up, actually broke up for good after that.

[guitarfool2002]

A possible piece of evidence for a stalemate in the group over Smile material:

Brian Wilson, 1968:
Early 1967, I had planned to make an album entitled SMILE. I was working with a guy named Van Dyke Parks, who was collaborating with me on some of the tunes, and in the process, we came up with a song called "Surf's Up," and I performed that with just a piano on a documentary show made on rock music. The song "Surf's Up" that I sang on that documentary never came out on an album, and it was supposed to come out on the SMILE album, and that and a couple of other songs were junked... because... I don't know why... for some reason didn't want to put them on the album. And the group nearly broke up, actually broke up for good after that.

That program "Inside Pop" didn't actually air until April 1967 though Brian's segments were filmed in late 1966. I know that quote well, and I've wondered if he meant the public response to that show made releasing that song a band issue as the Smile project itself was somewhat stalled out and the band was in the middle of their lawsuit in April 1967...because the same program featured Janis Ian singing "Society's Child" and after the program aired the song became a hit record for her, and some would say the Inside Pop program made it a hit. If Surf's Up had been available to buy in 1967 it probably would have had a similar fate.

I've also found it interesting to take even a handful of similar quotes from Brian through the years and his "reasons" for why certain things happened at that time can change nearly every time he's been asked over the years.

[Cam Mott]

That may be the edited for LLVS version of the quote, this is the entire quote, or at least as much as was aired:

"Early 1967, I had planned to make an album entitled SMILE. I was
working with a guy named Van Dyke Parks, who was collaborating with me on
the tunes, and in the process we came up with a song called 'Surf’s Up,' and
I performed that with just a piano on a documentary show made on rock music.
The song 'Surf’s Up' that I sang for that documentary never came out on an
album, and it was supposed to come out on the SMILE album, and that and a
couple of other songs were junked ... because I didn't feel that they ... I
don't know why, I just didn't, for some reason, didn't want to put them on
the album ... and the group nearly broke up, actually split up for good over
that, that one ... the decision of mine not to put a lot of the things that
we'd cut for the album SMILEY SMILE on the album, and so for like almost a
year, we're just now kind of getting back together ... because I didn't
think that the songs really were right for the public at the time, and I
didn't have a feeling, a commercial feeling, about some of these songs that
we've never released, and ... maybe I ... some people like to hang onto
certain things and ... just as their own little songs that they've written
almost for themselves. And a lot of times, you know, a person will write
and will realize later that they're ... it's not commercial, you know, but
what they've written is nice for them, but a lot of people just don't like
it." -Brian Wilson, 1968

[guitarfool2002]

I always got the impression "Surf's Up" was well-received after it aired on 'Inside Pop' 4/67...and again, comparing it to "Society's Child", which was well-received, created a demand for the record which ten created a hit single which received airplay and made the charts after it was featured on Inside Pop, I've assumed there were fans and new listeners who heard Surf's Up and wanted to buy that as well.

Brian seems to have suggested otherwise in that quote - was this self-doubt when he says "a lot of people just don't like it", or was he basing that on reactions he heard to the Inside Pop performance? Was the tension between Brian who didn't want the song released and other parties (Capitol? Anderle? Beach Boys? Others?) who perhaps sensed a single in the making and wanted the song released after the show was aired?

Listen to "Society's Child"...does it sound like a radio hit, or in any way "commercial" in April 1967's AM radio standards? Yet the demand from that TV program made it a commercial hit which got airplay.

[Roger Ryan]

I think like he's done throughout his career, Brian associated the SMiLE material with negative feelings whether it be his own drug use, complaints by band members, relatives, friends, etc. or his own frustration at not being able to replicate what he had in his head. He seems unable to pinpoint why he abandoned some of the material in this interview quote, but what's interesting is that his responses throughout the years about SMiLE being inappropriate and non-commercial have remained fairly consistent with the remarks made in '68. Brian doesn't often separate his own emotions from the work he creates, so if something upsets him, he would just as soon dump it and move on. The demise of SMiLE is really not much more complicated than that. Brian stuck with the material he felt good about, re-recorded other tracks and left behind the work that troubled him.

[Jason]

I had a conversation with another fan once and his theory as to why Smile was canned was that it brought Brian too much out of his box and that he felt himself more in league with the songs he had written beforehand for All Summer Long, Today, Summer Days, and Pet Sounds.

[Cam Mott]

I wonder if they didn't convey enough love for Brian?

[OBLiO]

I've also found it interesting to take even a handful of similar quotes from Brian through the years and his "reasons" for why certain things happened at that time can change nearly every time he's been asked over the years.

I think that's what happens to someone who sees all perspectives. It's like trying to find a reason for something happening or not happening and not really knowing the reason yourself and you can see all other voiced opinions or possibilities. Imagine how frustrating it would be to be in the middle of a record and you have to change the way you normally and successfully do your work. All you are thinking about is the work you do and the work you have to do and then you don't accomplish what you set out to do. Frustrating.

Another thought about the Wrecking Crew is they were union. What if there was some kind of weird unwritten/unspoken thing that they could not work with Brian because of some pressure within their union. Total speculation on my part, but how frustrating would that be. It seems like he stopped using the whole Crew at the same time.

[OBLiO]

it's not commercial, you know, but what they've written is nice for them, but a lot of people just don't like
it." -Brian Wilson, 1968

The "not liking it" bit I think is just a generalization and not anything specific or indicating that no one liked Surf's Up.
One thing I have noticed is Brian is always thinking in terms of the public or the audience. I think maybe he was thinking in terms of how to please everyone. You have all these people that are counting on you to produce something that makes everyone happy... maybe a little self-conciousness slipped in... like Real Beach Boy saying that Brian stepped out of his comfort zone. I saw a clip once of Eric Idle performing on a morning show... I think it was Regis or some show like that... and when he finished singing his song, it looked like he saw a ghost. When you put yourself out there and on the line, it can be intimidating, even if it's all in your head... you can intimidate yourself just by self-applying pressure to offer something that anyone would even pay attention to. Vulnerable, but you have to be if you want to be honest in your expression.

edit: Surf's Up has become one of my all-time favorite songs... the song absolutely blows me away.

[smokeythebear]

I think it would have been next to impossible to finish smile in 67. I can see it coming out in 68 or 69 but no way in 67. Here is why:

Brian planning the thing: Brian explained that he spent months planning Pet Sounds before even recording it. Planning a complex album ahead of its time on grass can work, planning on benzos grass and speed and lsd and seconol is a different thing.

Getting the musicians to play it right: Listen to all the takes of Heroes & Villians and imagine recording a whole album like that, matching all the tempos and pieces to each other, teaching the musicians. Could you do it in a couple of months? could anyone?

Getting the Beach Boys to sing it: Yes they were fast learners but they were also a hassle to deal with in the studio. If you listen to early recordings it´s hard to imagine how Brian put up with them, they are just mocking about laughing through take after take not taking it seriously. Brian's always the one trying to get them to do their job, i cant see him guiding them through all the harmonies on this one in time.

Making it cohesive and gel: Combine a travel through America with the elements and a comedy and eating healthy album. Not an easy feat.

Splicing it together and mixing it: It can be done without pro-tools, but really a whole album of good vibration/heroes and villians cut-ups? that takes some time.

Actually selling it: Pet sounds was not a smash hit first when it came out, neither was heroes. I think this album would have stayed a novelty for a couple of years before being recognized and appriciated for what it was and that would not have been good for sales.

Playing it live: I do not think the beach boys would have pulled it of.

[guitarfool2002]

Another thought about the Wrecking Crew is they were union. What if there was some kind of weird unwritten/unspoken thing that they could not work with Brian because of some pressure within their union. Total speculation on my part, but how frustrating would that be. It seems like he stopped using the whole Crew at the same time.

I hinted at this in an earlier post as well - He stopped using them almost overnight in terms of his recording schedule, and it was not like he would even call 2 of the guys to play on something...it just stopped cold. Capitol would have been paying the union musicians with their overtime and doubles and all of that, and would they have footed those bills in the middle of a lawsuit? That's only one facet of the whole story - was it financial when Brian stopped booking the union players, or something else? Perhaps Capitol tightened their belt and choked off Brian's budget as well.


I have to add another element to this; "home studios" in 1967 terms were against the law in Bel Air at the time. Hal Blaine told the stories of Papa John Phillips' own home studio in Bel Air: Phillips had bought the old gear from Western after they upgraded, and had a secret studio built in his attic, about as close to professional as you could get with professional wiring and power, all the goodies. It was accessed by secret doors and the wiring ran through the walls so it wasn't obvious. The police would stop in to check on calls if they saw more cars than usual gathered around the house, and if Phillips had been recording he'd get everyone down to the living room where they had instruments set up as if they were just jamming or rehearsing.

So it was against the law to operate a home studio in that neighborhood and Phillips took extra precautions to hide the fact he had Western's old control room and gear in his attic for sessions at the house...yet Brian had a studio in his house. Was Phillips paying union scale for his home sessions, or since it wasn't an official studio per se, was he paying the union players like Hal less under the table, which actually might be more if taxes and whatnot were not taken out? I really don't know.

[onkster]

This is a fascinating thread with much here to seriously consider.

And it makes you realize how incredibly complex the whole situation became by the time SMiLE was nearly finished. Ultimately it's not surprising that Brian wanted to give up. There were too many plates to spin, for sure.

[A Million Units In Jan!]

Guitarfool, that's really interesting. I have never heard that story about the secret studio. Where did you read that at-I know you said Hal Blaine told it, but is it somewhere on the 'net? And it does open up a lot of questions.

[guitarfool2002]

Guitarfool, that's really interesting. I have never heard that story about the secret studio. Where did you read that at-I know you said Hal Blaine told it, but is it somewhere on the 'net? And it does open up a lot of questions.

The only place I saw that story was in Hal's book "Hal Blaine And The Wrecking Crew". It's a neat book, with some neat inside information like the Phillips story I've never seen printed elsewhere. But some of the photos we know from Beach Boys circles are labeled with incorrect dates...like so many other books I suppose!

I think it opens up a lot of questions too - one question I have after Hal's story is how was Brian able to operate a home studio in a residential neighborhood when Phillips had to keep it a close secret? And there's also the issue of the AFM in all of that.

[bgas]

Guitarfool, that's really interesting. I have never heard that story about the secret studio. Where did you read that at-I know you said Hal Blaine told it, but is it somewhere on the 'net? And it does open up a lot of questions.

The only place I saw that story was in Hal's book "Hal Blaine And The Wrecking Crew". It's a neat book, with some neat inside information like the Phillips story I've never seen printed elsewhere. But some of the photos we know from Beach Boys circles are labeled with incorrect dates...like so many other books I suppose!

I think it opens up a lot of questions too - one question I have after Hal's story is how was Brian able to operate a home studio in a residential neighborhood when Phillips had to keep it a close secret? And there's also the issue of the AFM in all of that.

I think you have to consider that Brian's reputation was "Clean Cut All American", while John Phillips reputation was somewhat less so; and then the neigh borhoods were different; and what else?

[guitarfool2002]

Guitarfool, that's really interesting. I have never heard that story about the secret studio. Where did you read that at-I know you said Hal Blaine told it, but is it somewhere on the 'net? And it does open up a lot of questions.

The only place I saw that story was in Hal's book "Hal Blaine And The Wrecking Crew". It's a neat book, with some neat inside information like the Phillips story I've never seen printed elsewhere. But some of the photos we know from Beach Boys circles are labeled with incorrect dates...like so many other books I suppose!

I think it opens up a lot of questions too - one question I have after Hal's story is how was Brian able to operate a home studio in a residential neighborhood when Phillips had to keep it a close secret? And there's also the issue of the AFM in all of that.

I think you have to consider that Brian's reputation was "Clean Cut All American", while John Phillips reputation was somewhat less so; and then the neigh borhoods were different; and what else?

What else? Brian's neighborhood got on his case because he wanted to paint his house a pink color that the neighborhood association or whatever it was had objected to, so painting a house a loud color was a violation yet running a recording studio in the house was just fine, except for Hal Blaine saying it was illegal in Bel Air. And was Brian's image really that clean cut by 1967? If you're judged in part by the company you keep, then perhaps not. Phillips may have been a lot of things in later years but in 1967 he was known around LA for spending extreme amounts of money on luxury cars, clothes, toys, etc...a typical Hollywood superstar who was riding his wave. Then again you'll always get the prosecutors or police investigators looking to bust high-profile celebrities in the 60's, so maybe they were coming around to Papa John's place for reasons other than to bust a home studio.

Here's the thing with Hal's comments: There are no dates. I do know for a fact that Western upgraded their recording equipment in 1967, and sold it off to make room for the new gear. It was through Hal's book that I learned Papa John was the one who bought the gear and used it to build his home studio. But the dates of all this I can only assume were 1967-68, and if Phillips were "hiding" the sessions he was doing at the house, it might be hard to find documents to date anything.

It doesn't jive how Phillips is secretive and hiding everything, yet Brian has a studio in the same general area where not only are they recording but they're also openly smoking hash while doing it. At least for the few weeks Smiley was being cut.

Question: Are there any published interviews or articles from 1967 where Brian mentions recording at his "home studio"?