Brother Records & Al Jardine

[duquephart]

There seems to be some conflicting information here and elsewhere in regard to the original "set-up" of BRI. I have read that at it's outset BRI consisted of the six BBs at that time (Wilsons, Love, Johnston, Jardine) each with an equal vote, etc. I've also read that Jardine was not "invited" to become an official member until 1973, which makes less sense to me. So, I'm curious --- what is BRI --- are there articles of incorporation in the public domain, etc.?

[GuyO]

The Beach Boys company officialy  from 1961/1962 were the Wilsons, David Marks and Mike Love. Al Jardine added his signature in 1973 or 72.

David Marks signed a waver (?) in the seventies in which he agrees to leave behind his rights as a voting member. The estate of Dennis gave / sold back his rights.

As of 2012 BRIs corporative members are Brian Wilson, Mike Love, Alan Jardine and the estate of Carl Wilson.

English isny my first languge, nor am I well versed in legal matters, apologies if I am not accurate. Jon Stebbins book aboit David Marks is a perfect reference for some of these matters.

[Andrew G. Doe]

There's some confusion between what's The Beach Boys, Inc and Brother Records Inc. - as David left before Brother was formed, obviously he couldn't possibly have a shareholding in it. However, he was never a partner in The Beach Boys, Inc either, as that was formed on April 3rd 1964, with Brian, Carl, Dennis & Mike as directors. Ironically, this was the day after Brian & the others told Murry he was fired as manager. The BB inc was definitely a forerunner of BRI, but in legal terms, it was an entirely different entity.

Bruce has been a member of BRI since roughly 1970, but returned his vote a long time ago. Alan was added - depending on who you choose to believe - in either 1967 or 1972/3. The waiver David unwittingly signed was a backdated clause giving up his rightful royalties pretty much forever. Thankfully, someone has been working to get those restored, with considerable success.

[GuyO]

Very helpfull, thanks.

[Andrew G. Doe]

Btw, whatever your native language is, your English is way better than any effort I could make in your tongue.

[bgas]

Btw, whatever your native language is, your English is way better than any effort I could make in your tongue.

no need to bring sex into it

[Andrew G. Doe]

Honi soit qui mal y pense.

[duquephart]

According to Wikipedia BRI was formed in "mid - 1966" in order to give the band "more control over their products" and "The shareholders were the 1966 members of the Beach Boys: Wilson brothers Brian, Carl, and Dennis, along with their first cousin Mike Love, their friend Al Jardine and Bruce Johnston, who traded his share in 1971. In 1983, shortly after the death of Dennis Wilson, his estate sold his share back to the corporation to repay loans. In 1998, following Carl Wilson's death, his share of the corporation passed to and is still controlled by his estate." Presumably Johnston had just come aboard but the rest could certainly be viewed as the originals.

[bgas]

Honi soit qui mal y pense.

mal? moi?  non

[Jon Stebbins]

Al  claims he was not given a "full share" in BRI until 1973, and prior to that (66 - 72) he received a salary and partial or reduced royalty share. Prior to 66 he was salary only. David's 20% share covered all royalty income from 1962 - 1967 according to the orig. Capitol contracts (note plural), he signed an illegal termination or release agreement in late 1963 which was backdated to August, meaning he would not receive royalties contractually due to him for the recordings made between 8/63 and 1967. Unbeknownst to Dave that release agreement was legally meaningless had it been challenged, but he subsequently signed a waiver in approx. 1971 that suggested any past disputes could no longer be challenged. However he has recovered some of the royalty income for the BB's recordings he made between 8/63 and 10/63. Dave has always received royalties for the 3/62 to 8/63 period, that was never signed away, though some discrepancies within have been corrected.

[GuyO]

Thank you, Jon. What kind of royalties is Dave receiving? Artist royalties and royalties for performing on the records?

Who exactly are the estate of Carl? Gina, Justyn and Jonah?

[duquephart]

So --- the Wiki piece is incorrect?

And --- what is the distinction, if any, between selling a share (DW) and trading a share (BS)? And further, why would Johnston not want to hang onto his share?

[Jon Stebbins]

What kind of royalties is Dave receiving? Artist royalties and royalties for performing on the records?

Who exactly are the estate of Carl? Gina, Justyn and Jonah?

Yes, artist/performance royalties.

[duquephart]

And --- at the risk of asking too many questions - was Johnston made a full or official member before Jardine?

[Andrew G. Doe]

Thank you, Jon. What kind of royalties is Dave receiving? Artist royalties and royalties for performing on the records?

I recall an article in the late 70s/early 80s (I think) which stated that since the release of Endless Summer[/i], David's income from royalties was something like $30,000 a year. With hindsight, at that time in his life, probably not the best thing that could have happened.

[Andrew G. Doe]

So --- the Wiki piece is incorrect?

And --- what is the distinction, if any, between selling a share (DW) and trading a share (BS)? And further, why would Johnston not want to hang onto his share?

Dennis' estate sold his share back to BRI in return for a reduction in his considerable debts. Bruce handed his back voluntarily.

[duquephart]

"Bruce handed his back voluntarily."

Any indication or guess as to why? Was he asked to do so? Did he have a larger share than AJ and/or was it conferred earlier?

[AndrewHickey]

"Bruce handed his back voluntarily."

Any indication or guess as to why? Was he asked to do so? Did he have a larger share than AJ and/or was it conferred earlier?

Look at the dates -- 1971 is when he quit the band after Surf's Up. Presumably he didn't stay a co-owner of Brother once he'd left the band.

[Cam Mott]

According to Wikipedia BRI was formed in "mid - 1966" in order to give the band "more control over their products" and "The shareholders were the 1966 members of the Beach Boys: Wilson brothers Brian, Carl, and Dennis, along with their first cousin Mike Love, their friend Al Jardine and Bruce Johnston, who traded his share in 1971. In 1983, shortly after the death of Dennis Wilson, his estate sold his share back to the corporation to repay loans. In 1998, following Carl Wilson's death, his share of the corporation passed to and is still controlled by his estate." Presumably Johnston had just come aboard but the rest could certainly be viewed as the originals.

I believe BRI was incorporated on January 11 1967.

[duquephart]

"Look at the dates -- 1971 is when he quit the band after Surf's Up. Presumably he didn't stay a co-owner of Brother once he'd left the band."

That would make sense I suppose - although two other members "left" the band without losing membership - but it still begs the question of why/how he had a share that Jardine did not. Am I missing something here?

[bgas]

"Look at the dates -- 1971 is when he quit the band after Surf's Up. Presumably he didn't stay a co-owner of Brother once he'd left the band."

That would make sense I suppose - although two other members "left" the band without losing membership - but it still begs the question of why/how he had a share that Jardine did not. Am I missing something here?

He just had Good Timin

[Andrew G. Doe]

"Bruce handed his back voluntarily."

Any indication or guess as to why? Was he asked to do so? Did he have a larger share than AJ and/or was it conferred earlier?

Look at the dates -- 1971 is when he quit the band after Surf's Up. Presumably he didn't stay a co-owner of Brother once he'd left the band.

Nice theory. One small snag - he was still touring with the band in April 1972.

[AndrewHickey]

"Bruce handed his back voluntarily."

Any indication or guess as to why? Was he asked to do so? Did he have a larger share than AJ and/or was it conferred earlier?

Look at the dates -- 1971 is when he quit the band after Surf's Up. Presumably he didn't stay a co-owner of Brother once he'd left the band.

Nice theory. One small snag - he was still touring with the band in April 1972.

Gah. I'm an idiot. And it made so much sense too...

[lance]

It's possible in 1971 it was just more lucrative to just be on a salary(with publishing/performing royalties) than to be a shareholder getting 'profit' and paying tax on that, too.

Or maybe he just didn't want to be involved. At that point there seems to have been a lot of tension and jostling for power in the organization and there was no clear c*ck at the top of the pile. Even last year it seemed only to work if Mike and Brian agreed that the other would be in charge of certain segments. Back in 1971 you had Dennis writing the best songs, Carl doing most of the production, Mike doing the frontman thing, Al and Bruce writing material(if not a wealth of it--and they weren't that successful which creates tension in and of itself. If I had been Bruce, with mad money hook-ups from my parents anyway, I might have been more content to sit back do my thing and collect my paycheck, too.

Or maybe he was forced out as Rielly asserts.

Has he ever said publically why he left BRI?

[duquephart]

Seems like he would have wanted to retain the vote he presumably had.