Why Burton Cummings is trying to stop his old band from playing his songs

Elamin sits down with Burton Cummings, the former frontman of The Guess Who, to talk about the legal action he's taking against his old band. It's aimed at preventing the current version of The Guess Who from performing the classic songs that Burton wrote while they're out on the road. Burton Cummings explains why he's taking these unprecended measures. Plus, last week the Writers Guild of Canada voted in favour of striking should its current negotiations for a new labour deal with Canadian film studios and distributors hit a stalemate. Elamin speaks with screenwriter Anthony Q. Farrell to find out what’s at stake in these negotiations.
00:00 Intro
00:27 Burton Cummings
15:50 Writers Guild of Canada Strike
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[@jeffunderglass]

People forget how we got here. Jim Kale, a former bass player, who was fired from the band in 1972, went behind everyone's back trademarked the name "The Guess Who" and thereby shut Bachman and Cummings out of their legacy. Kale even admitted that he was motivated by spite. "I'm his karma", he said about Cummings. But now everyone is realizing how much the Guess Who name is worth when they can't perform Cummings songs. Squat.

[@pollyb8016]

Yup. If they had built up any currency in the name over the last 45 years their shows would not have been cancelled. Not even one single hit song to sell to promoters to keep the shows from being cancelled. What Burton did didn’t cause their shows to be cancelled. He pulled the licences for the songs. THEY cancelled the shows because they had advertised their shows using the hit songs they did not own. Without those songs being performed they had nothing to offer the ticket buyers.

[@rcprod9631]

I'm with Mr. Cummings on this one. I saw one of those promos he mentions, and imho, it felt like false advertising to me.

[@Caperhere]

Nobody has a voice like BC.

[@aschule5684]

I'm right behind Burton on this one it's completely understandable and there's no one in the same situation who wouldn't feel the same or understand this.

[@patrickcuster4850]

Didnt Steve Perry of Journey try this and fail? I thought the judge said just because you are not in the band anymore doesnt mean the rest of ths band can't play the bands songs. Or something like that.

[@jeffunderglass]

Does Steve Perry own the publishing/performing rights? Probably not. Cummings owns 100% of the Guess Who's hits.

[@fnjesusfreak]

@@jeffunderglass He might have part of them, since he was a co-writer on most of their hits.

[@krishimmel6747]

If they're allowed to use the name guess who what about the publishing rights if Cummings add bachman wrote the songs they own the publishing rights they should have the right to say who can do their songs who can't

[@damnyankeefl]

burton owns the songs. they are his to do what he wishes with them. dude still tours and i'd love to see him. I wouldn't walk across the street to see the imposters. and as long as they were around faking it, the chances of burton touring near enough to me to see him were nil. so good for burton.

[@chulamente]

What this story is missing is how this can be policed in practice. As a working musician I’ve played 5-10 gigs a months for the past 40 years (damn I’m old!) and bands do not ask permission to perform a song. The venue is responsible for paying BMI so the band plays without consulting with the venue about what material they’ll do. There have been instances where a venue doesn’t want to pay BMI so they tell bands they can only play original material but if a venue does has a license with BMI/ascap the venue (in my experience) does not tell the band what songs they can or cannot perform. So if the fake Guess Who performs at a venue that has a license with BMI the venue may be responsible but would unlikely not even know these songs were off limit. And then how would BMI even know what songs were performed?

[@pollyb8016]

The copyright infringement will only apply to the fake GW band. Burton as the publisher would not be issuing a copyright infringement on anyone else if they performed the songs. Every venue the GW cover band is performing at has been notified, so they all know. This is not going to be an everyday thing. No publisher wants to pull their catalogue. So unless someone is targeting YOU, why would you or a venue ever have to worry about this?

[@loriwoloshyn7266]

Unless he has exclusive rights legally to these songs then it's pretty much fair game. Lots of bands play other bands songs. BC is a bit too arrogant for his own good.

[@pollyb8016]

Imagine being the host of a Canadian show and taking the side of a cover band that cannot even perform in the country because the ENTIRE Canadian industry knows they are a fraud. They get away with it in the U.S. because he public there mostly knows the songs and not who was behind them.

[@seamusin1697]

I am.glad Burton Cunnings and Randy Bachman are doing this. It is important for artists from the classic rock era to assert their ownership over their material and stand up for their owm artistic integrity. Kale and Petersen are quite frankly acting like clowns.

[@steveshattah]

That's not his old band. It's a bunch of much younger guys he doesn't know and every once in a while his old drummer gets on stage with them.

[@user-vv7hb8ok2f]

if they're the legal line-up (and they seem to be) then they are. Burton might have written the best songs (he did) but he gave up being part of the active Guess Who franchise years ago. Seems like Burton has gotten butt-hurt somehow and is feeing greedy. Y'all know he must have a lawyer or management of a certain tribe whispering in his ear.

[@jeffunderglass]

Explain why a former bass player, who was fired from the band in 1972, has the right to trademark the name "The Guess Who" and thereby shut Bachman and Cummings out of their legacy? Jim Kale went behind everyone's back and trademarked the name. How is that fair?

[@pollyb8016]

The “franchise” ended in 1975. The existing members all signed documents with Sony dissolving the band. The band did not hire a new singer like the Doobie Beothers and it continued on making hit songs. There was NO TGW for years. The new band was stated by the bassist who was fired in 1972. Not even a member for the last 3 years the band existed. They have had ZERO hit songs since. This is a rotating line up of musicians performing the hits and pretending to be the guys behind them. Peterson was rarely in stage in 2022 and 2023. Now that the lawsuit has been filed he’s trying to make it look he always shows up.

[@stubee56]

I cringed every time I would see that this fake GW was on a tour. Young people may know these songs and never realize it is not the real band, so they pay and attend. Its a blatant deception. Older fans know all about Burt and the real band and honor their true legacy and talent. Glad he is taking action.

[@RickPMandel]

Since when has this been his "old band"? This is a new band, releasing their own material, under the name of the old band, while claiming to be the original line up. Before you launch some crap like this, do some research. Sorta like calling this guy qualified to work for the CBC

[@user-jn9gv9ve6e]

who owns the rights to the songs.

[@jeffunderglass]

Cummings owns 100% of them.

[@stormsfromcalifornia4379]

dude,,ur not old enough to understand.i grew up the beatle tgw stones 3 dog night ect.i get whats going on.thhis fake bad goes on stage acts like there the ones who recorded the song wrote them its a bs bad burton and randyt bachman had enouugh they had 45 years to build there lengacy now there bank is closed

[@semmcstevenson]

Well… it’s not his old band. Is a bunch of dudes.

[@NerveSalad]

Been following the band without BC for years and years. I never saw a problem. He left, that was it. The past two albums are really great, the band fills venues, and it's giving him a symptom. My sister bought tickets for the whole family to go see him at an upcoming show, and immediately got her money back after seeing him act like such a cantankerous fart. That's how he is screwing his legacy. He's got people telling him what to think and say. What a sad, lonely man.

[@damnyankeefl]

that fake band used vocal tracks from the original records. absolutely shameless. team burton here.

[@debradavis2783]

It's not his old band, it's wanna be's playing his music that he wrote and played.