Wilson-Love Lawsuit

[mikeyj]

Just in case anybody is interested, I saw this posted at the Brian Wilson Message Board

http://www.rollingstone.com/rockdaily/index.php/2007/05/14/beach-boys-brian-wilson-finally-defeats-one-of-mike-loves-dubious-lawsuits/

Here is the full article:

Beach Boys’ Brian Wilson Finally Defeats One of Mike Love’s Dubious Lawsuits
Two years ago U.S. District Judge Audrey Collins scored a major victory for justice when she ruled portions of the U.S. Patriot Act unconstitutional, but four days ago she may have topped herself by throwing out Mike Love’s ridiculous lawsuit against his cousin and fellow Beach Boy Brian Wilson. Love alleged that a 2004 promotional CD of re-recorded Beach Boys songs that was given out free with a newspaper in London cost him millions of dollars, damaged the reputation of The Beach Boys and violated Love and Wilson’s “partnership.” In a stern, seventeen-page decision Collins rebukes Love and states that any partnership they ever had was a creative - not a business - partnership and ended in the 1960s.

Love has sued Brian numerous times in the past, but this is the first time Brian has prevailed. (In 1994 Love was granted $13 million for songs he claimed to have co-written with Brian in the 1960s.)

Melinda Wilson, Brian’s wife, says, “After Mike’s deposition, he turned to his cousin Brian and said, ‘you better start writing a real big hit because you’re going to have to write me a real big check.” she says.

But in fact, it was Love’s own deposition testimony that played a role in bringing down his case. The decision repeatedly quotes Love’s own statements from deposition. Example:

Q: And have you and Brian ever had a conversation about what would be done with the songs separate and apart from actually writing them?
Mike Love: I don’t — I don’t recall any conversation like that.

Quotes like that underscored Collins decision. “Certainly Plaintiff [Love] and Defendant [Wilson] were collaborators,” she wrote. “But Plaintiff’s mere “belief” that they had had a legal partnership and his repeated use of the word “partnership” cannot substitute for evidence that a legal partnership existed. Because no jury could reasonably find that…Plaintiff and Defendant were in a legal partnership in 2004, there is no genuine issue of material fact to submit to a jury and Defendant is entitled to summary judgment.

Collins also points out that Love has repeatedly done the very same thing he accuses his cousin of doing. “[Love] also admits that he re-recorded some of the co-authored songs several times between 1996 and 1998 without first informing [Wilson].”

[Rocker]

Just in case anybody is interested, I saw this posted at the Brian Wilson Message Board
Melinda Wilson, Brian’s wife, says, “After Mike’s deposition, he turned to his cousin Brian and said, ‘you better start writing a real big hit because you’re going to have to write me a real big check.” she says.

If that is true I think the little respect I had left for Mike as a person just disappeared. This is really not the way to treat another person, even not if that person made you a millionaire.

[mikeyj]

Just in case anybody is interested, I saw this posted at the Brian Wilson Message Board
Melinda Wilson, Brian’s wife, says, “After Mike’s deposition, he turned to his cousin Brian and said, ‘you better start writing a real big hit because you’re going to have to write me a real big check.” she says.

If that is true I think the little respect I had left for Mike as a person just disappeared. This is really not the way to treat another person, even not if that person made you a millionaire.

Yeh I think this is pretty pathetic from Mike (if it is indeed true). I mean everyone knows that without Brian, Mike would be pumping gas for a living. I mean why doesnt Mike just get over his money.. hes got so much of it already Im sure. Why doesnt he go and do something helpful for society for a change, such as donate money to charity or something, then maby people would stop saying "I hate Mike Love".

[MBE]

Melinda is NOT a good soruce on Mike Love. I think she is the one making this harder then it has to be. Mike shouldn't have sued over this but she again is not someone I trust to tell the unbiased truth.

[Dancing Bear]

Why don't I ever see this kind of reaction to the fact that Brian, for more than two decades, didn't share California Girls royalties with Mike? 

[Bicyclerider]

Excuse me - it was Murry who didn't share the California Girls royalties with Mike, not Brian.  Murry was in charge of Sea of Tunes.  Should Brian have fought his father on the copyright credit?  Probably, but did Mike at the time object and ask Brian to talk to his dad?  No, as far as we know.  And we all know that Brian was not good at confronting his dad.

[PongHit]

Why don't I ever see this kind of reaction to the fact that Brian, for more than two decades, didn't share California Girls royalties with Mike? 

Why did Mike wait 20+ years to sue for the "California Girls" lyrics?  David Lee Roth???

[Dr. Tim]

As in the past when this topic came up, I have downloaded the Court's opinion as an Adobe file.  Any of you BB scholars, or frankly anybody, who wants a copy of the actual document, PM me.

Two things about it:  the case remains open for Brian's and the other defense lawyers to seek to have Mike pay their counsel fees. While that motion might not be granted, if it is, then: Ouch.  

Second, reading it over, as noted above, it is Mike himself who kills his case with his own statements in his deposition (taking sworn testimony outside the courtroom, for you non-lawyers).  Melinda's quote of Mike, if true, must have occurred outside the deposition.

BTW, all the noise about whether Brian "stole" Smile from Mike or the BB was dropped long ago.  Whatever you think of Mike otherwise over the past 40-odd years' tortured history, one has to wonder what was on his mind when he thought filing this case would be a good idea.  The best clue might be a reading of the original complaint, which as a pleading is an utter mess -- but as a confessional is a fascinating glimpse into Mike's head at the time, and how he views the band's history.  DJ M posted that here a while ago and I may still have my copy of that on the shelf somewhere.

[Andrew G. Doe]

Excuse me - it was Murry who didn't share the California Girls royalties with Mike, not Brian.  Murry was in charge of Sea of Tunes.  Should Brian have fought his father on the copyright credit?  Probably, but did Mike at the time object and ask Brian to talk to his dad?  No, as far as we know.  And we all know that Brian was not good at confronting his dad.

Allegedly, Mike confronted Brian about it back in the day, and Brian told Mike he'd see to it that Mike got his due credit.. never happened, of course. Source for this statement ? Brian, in recent interviews. Hence the 'allegedly'.

[shelter]

Why don't I ever see this kind of reaction to the fact that Brian, for more than two decades, didn't share California Girls royalties with Mike? 

I still find it hard to believe that Mike Love really deserved everything he got in that lawsuit... I'm sure he wrote a couple of lines here and there that he wasn't credited for... But come on... This happened from 1962 until 1966... Mike was in his 20s, a famous rock star with the ego to match, never had been a shy person who couldn't stand up for himself to begin with... If he really co-wrote all those songs, I'm sure he wouldn't have allowed his uncle Murry to steal his rights to about 60 songs over a period of 5 years... He was there, he saw to who all these songs were credited... Why didn't he do something then?

[MBE]

Sorry to disagree but Brian is too blame as much as Murry, being out of it doesn't excuse you to steal money. Love was totally right to sue that time. Brian and Mike worked together right after it was done so Brian couldn't have been too offended by whatever Mike did or did not say. Perhaps in the heat of the moment they did have a few words, so what. They are family and families do fight. I stress again Mike was totally wrong for every other suit, but I post here. hate to see this thread turning into the blue board.

[endofposts]

Why don't I ever see this kind of reaction to the fact that Brian, for more than two decades, didn't share California Girls royalties with Mike? 

I still find it hard to believe that Mike Love really deserved everything he got in that lawsuit... I'm sure he wrote a couple of lines here and there that he wasn't credited for... But come on... This happened from 1962 until 1966... Mike was in his 20s, a famous rock star with the ego to match, never had been a shy person who couldn't stand up for himself to begin with... If he really co-wrote all those songs, I'm sure he wouldn't have allowed his uncle Murry to steal his rights to about 60 songs over a period of 5 years... He was there, he saw to who all these songs were credited... Why didn't he do something then?

He didn't do anything then because he was skating on thin ice, or thought he was.  Murry threatened to fire Mike more than once.  Plus, Murry was his mom's brother, not just an uncle by marriage.  I'm sure that played a role, too.  Mike was as afraid of Murry as Murry's sons were, although he did punch Murry once in defense of Brian.  The reason Mike initiated the lawsuit later is because he was deposed in Brian's case against Irving Almo, regarding Murry's sale of SOT to that publishing firm.  He said it refreshed his memory about how many songs he did co-write, plus the fact that Brian winning a cash settlement (though not a return of publishing rights) made a fresh pool of money available.

You might also ask why Brian waited so many years to sue Irving Almo when that sale went through in 1969, or why Brian didn't try harder to block the sale back then (Brian was not that mentally incompetent in 1969, if you read interviews he did at that time in which he knew Beach Boys financial matters in great detail).  Things happen.  Mike actually asked for a relatively small amount of money, plus future credits, but Brian's lawyers were the ones who took the thing to court.  And Mike did a heck of a lot more than write a line here or there.  Brian relied heavily on all his collaborators for lyrics.  Not that Mike has made some really dumb, nuisance lawsuits since, as pointed out.  But he had grounds for that one, and even Brian agreed with that, for the most part.

[Sheriff John Stone]

Why don't I ever see this kind of reaction to the fact that Brian, for more than two decades, didn't share California Girls royalties with Mike? 

This happened from 1962 until 1966... If he really co-wrote all those songs, I'm sure he wouldn't have allowed his uncle Murry to steal his rights to about 60 songs over a period of 5 years... He was there, he saw to who all these songs were credited... Why didn't he do something then?

Mike Love, like everyone else who ever had a relationship with Brian Wilson, lived in fear of losing that relationship. Brian Wilson, or his "genius" reputation, was/is that powerful.

But Mike also had another game to play. Mike knew a long time ago - like 45 years ago - that when he and Brian Wilson worked together writing songs, something special happened. And, I believe, Mike never wanted that to end - no matter what. I also believe that Mike carried that "hope" around for the last three decades, and still carries it around today. To make a long story short, for many years, maybe Mike was hesitant to sue Brian - his cousin, his bandmate, his songwriting partner - for fear that Brian would react by not wanting to work again with Mike. I know that I would be afraid of that if I sued somebody.

[oldsurferdude]

Yes, quite honestly, Mike did, in fact, have another "game" to play-its the game of "litigation". The only thing that Mike carried around for three decades was a huge chip on his shoulder  and (as years went by) the fact that he couldn't push Brian around anymore. Love also spent alot of those years collecting wives along with a balooning lifestyle-with no hits or significant album sales, his plan fell into place-Sue Brian for this, that  or whatever-it had absolutely nothing to do with any reaction Brian may have had-for Mike, it was always all about the money-and obviously still is-what a pathetic soul-he's got to be the most disliked clown in the entire music world.

[MBE]

Yes, quite honestly, Mike did, in fact, have another "game" to play-its the game of "litigation". The only thing that Mike carried around for three decades was a huge chip on his shoulder  and (as years went by) the fact that he couldn't push Brian around anymore. Love also spent alot of those years collecting wives along with a balooning lifestyle-with no hits or significant album sales, his plan fell into place-Sue Brian for this, that  or whatever-it had absolutely nothing to do with any reaction Brian may have had-for Mike, it was always all about the money-and obviously still is-what a pathetic soul-he's got to be the most disliked clown in the entire music world.

Hearing this kind of talk is so sad. Sorry to say but I totally disagree with you. This kind of attitude toward him is the only reason he carried or carries that chip. If it weren't for Brianasta's the group may still be together. Brian has been misled by this kind of Brian is God, Mike is the Devil attitude. It has made both him and Mike overly litigious and caused much undue heartache Tell me if you have once seen Brian have the same sort of fun he did when he was a Beach Boy. Watch the Stars and Stripes DVD or the making of MIU or KTSA films. These albums may be ill advised but Brian and Mike have a blast working together.  Sorry to sound harsh it's not personal but I feel very strongly that the Beach Boys we know and love wouldn't have come to be if Mike hadn't given Brian the support in the early days, both as a friend and as a co-writer.

[Chris Brown]

Yes, quite honestly, Mike did, in fact, have another "game" to play-its the game of "litigation". The only thing that Mike carried around for three decades was a huge chip on his shoulder  and (as years went by) the fact that he couldn't push Brian around anymore. Love also spent alot of those years collecting wives along with a balooning lifestyle-with no hits or significant album sales, his plan fell into place-Sue Brian for this, that  or whatever-it had absolutely nothing to do with any reaction Brian may have had-for Mike, it was always all about the money-and obviously still is-what a pathetic soul-he's got to be the most disliked clown in the entire music world.

Hearing this kind of talk is so sad. Sorry to say but I totally disagree with you. This kind of attitude toward him is the only reason he carried or carries that chip. If it weren't for Brianasta's the group may still be together. Brian has been misled by this kind of Brian is God, Mike is the Devil attitude. It has made both him and Mike overly litigious and caused much undue heartache Tell me if you have once seen Brian have the same sort of fun he did when he was a Beach Boy. Watch the Stars and Stripes DVD or the making of MIU or KTSA films. These albums may be ill advised but Brian and Mike have a blast working together.  Sorry to sound harsh it's not personal but I feel very strongly that the Beach Boys we know and love wouldn't have come to be if Mike hadn't given Brian the support in the early days, both as a friend and as a co-writer.

I do see where you're coming from to a degree...obviously Mike gets a bad rap a lot of times (and yes, he brings a lot of it on himself) and Brian gets glorified.  But lets not forget that much of the praise Brian gets, especially in the musical sense, is well justified.  As Marilyn said in IJWMFTT, anyone with a brian can understand why Brian is always praised above the others.  Heck, even Mike has praised Brian very strongly at times, from the beginnings of the BB to at least the mid 90's.  I really loved seeing them goofing around on the Stars and Stripes DVD, and I wish things had stayed that way.  And you are totally correct in that Mike's early support of Brian was critical to the initial success of the band.  Brian needed (and still needs) others to tell him he's doing something good; he has always needed that support and boost to his confidence, and Mike provided that in the early days.

However, times have changed.  I do think that Mike has become more spiteful of Brian in recent years, maybe feeling that history will remember Brian but not him.  Maybe this is what has made him so lawsuit happy, who knows.  But you seem to be suggesting that Brian just as litigious as Mike, which I disagree with.  I think that his first suit against Brian for his lyrical credits was justified, but none of his other suits since have been.  This current one was desperate and petty from the beginning.  Like I said before, Mike's own actions are what makes him so hated.  The fact that others turn it into "Brian is God, Mike is the devil" is just an extrapolation of the reality.  Brian isn't God, but he created amazing music that will be remebered for centuries.  Mike isn't the devil, and certainly contributed to the early successes of the group, but he does things that make him generally unlikeable.  If he wants to be respected and lose the "devil" label, Mike needs to stop with the BS lawsuits and make an honest attempt to reconcile with Brian, if only just for their friendship. 

[Dancing Bear]

For what's worth, "Mike bashing" (justified or not) started a long time before any lawsuit.

[MBE]

Well Brian's Joe Thomas lawsuit was totally bogus, I will say I agree Mike is worse in this respect. I also agree. and I have stated above that Mike's other lawsuits are petty, and ill advised. Mike's jackass behavior in the courts has been hurtful, but so are statements Brian makes to degrade his former band. I think the most telling thing is how mean Brian is about the group in the Stebbins BBC doc but he is seen being coached as to what to say. When unguarded I think he and Mike have both made some very strong statements about how they DO like each other. It's the wives, advisers, managers and lawyers that have caused Brian and Mike to make some very poor decisions and say some very nasty things. This may be done in different ways but I still say that outside forces keep them from reconciling Nobody can tell me that if Brian and Mike rebuilt their friendship that it wouldn't make them both happy. Brian has healed the wounds with Smile and if he can do that he should also be able to work things out with Mike. Mike should grow up and realize that court isn't the best way to defend his place in Beach Boys history.

[Chris Brown]

Yea I've never really understood Brian bashing the Beach Boys as a vocal group...I mean, in a way he's partially bashing himself, since he was a part of the group, and was also the one who made them as good as they were in the first place.  And as good as his current band is, he has to know that the BB were an incredible vocal group.  I'm not positive that the bashing is really Brian talking though...like you suggested, others may be behind it, influencing his thinking. 

I do remember a few years ago, around the time of Smile's debut or release, that Brian said in an interview that he had tried to call Mike but his number was disconnected.  I really think that Brian would like to re-connect with Mike (although maybe not so much after this latest lawsuit), maybe even do some writing with him.  I think on some level Mike wants the same thing.  But it just seems like one of those situations where so much has happened that the friendship might be beyond repair, let along the songwriting partnership.  I think you may be right about outside forces having something to do with it, but there is still a rift there that is becoming more and more unlikely to be fixed as time goes by.

One more thing...forgive my ignorance, but what was the Joe Thomas lawsuit about?  Certainly you can't sue someone just for being a terrible producer.

[endofposts]

The Joe Thomas lawsuit claimed that Joe tried to take advantage of his connection with Brian, as though being Brian's producer would somehow enhance Joe's position in the music industry.  It was ridiculous.  The impetus was to get out of a contract that Brian and Melinda signed with Joe to produce future albums.   It was Brian who probably benefited from being associated with Joe, but he decided he didn't like the direction Joe was taking him in.  Or others around him didn't, or a combination thereof.  Joe helped assemble the Brian Wilson band, especially bringing in the Chicago-based members.  After touring the East coast in '99, Joe was fired before the band went to Japan and the West coast.  That's when the suit was initiated.  Joe countersued Melinda in particular, claiming she was trying to benefit from her association with Brian.  That suit was tossed out of court.  Brian and Melinda settled with Joe on the other matter, for undisclosed terms.