Jackson Browne, J.D. Souther and Jack Tempchin Settle Eagles Royalties Suit

Written by Eric Olsen
Published November 25, 2002

The three, who wrote or co-wrote hits that appeared on the Eagles' Their Greatest Hits (1971-1975), claimed publisher Warner Music owed them millions:

    Plaintiffs' lawyer Larry Iser said on Friday that an agreement resolving the dispute had been reached, but as is typical in such cases, details of the settlement were kept confidential. Lawyers for Warner could not immediately be reached for comment.

    ....The three songwriters claimed that Warner Bros. Music, the predecessor to Warner-Chappell, licensed the songs to sister record label Elektra/Asylum/Nonesuch under a "sweetheart deal" for use on the Eagles' 1976 mega-selling greatest-hits collection.

    Under that deal, the "mechanical royalty" — paid to songwriters each time a song is played — was set at fixed rate of 2.4 cents per song rather than under a formula that would allow it to rise with inflation over time, the suit said. As a result, the plaintiffs claimed lost royalties in excess of $10 million in more than 25 years since the album's release.

    ....The three plaintiffs earned songwriting credits on a total of four of the album's 10 tracks. Browne, who became a major recording star in his own right, co-wrote the hit "Take It Easy" with the Eagles' Glenn Frey. Tempchin wrote "Peaceful Easy Feeling" and shared credits for "Already Gone." Souther collaborated with Frey and Don Henley on "Best of My Love." [Reuters]

I will take this opportunity to pontificate on the Eagles, to wit: The Eagles evolved from a highly personal, touchingly sincere Western-rock band ("country-rock" is a misnomer) to a collection of jaded superstars. This evolution played against the band's strengths and shined harsh light on their weaknesses. Ask any filmmaker: lighting is everything.

From the Eagles' original position as a pleasant, unimposing, and lightweight outfit, they could slip in truths without seeming heavy, contrived or pretentious. They had charm. By the time of their highly publicized recruitment of guitar hero Joe Walsh, the Eagles could no longer creep up on anyone.

The Eagles went from overachieving upstarts to defending champions. This is a familiar transformation in sports: the underdog rises through the pack and becomes champ. Every other team gets particularly geared up to play the champions - every team sends its best pitcher against them, even on three days rest. Beating the champs gives a struggling team hope.

The defending champion mentality affects the champs as well: they feel the pressure of heightened expectations. They don't play to win, they play not to lose. The joy of playing gets lost somewhere. The team may bring in high-priced hired hands to shore up perceived weaknesses, but they also may forget how they got to the top in the first place.

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Career media professional Eric Olsen is honored to be the founder and publisher of Blogcritics.org, which, quite frankly, rules - as do his wife and four children.
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Jackson Browne, J.D. Souther and Jack Tempchin Settle Eagles Royalties Suit
Published: November 25, 2002
Type:
Section: Music
Filed Under: Music: Classic Rock and Oldies, Music: Country and Americana, Music: News, Music: Rock
Writer: Eric Olsen
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Comments

#1 — November 26, 2002 @ 16:31PM — Bill [URL]

Great article!! But you may as well include the first album so you can have "Train Leaves Here This Morning" and "Take the Devil". Everything they did with Bernie was great.

#2 — November 26, 2002 @ 17:05PM — Eric Olsen

Thanks Bill, you're right about the first one - I just didn't think it was quite as consistent and the very best tunes are on the Greatest Hits, but it's well worth having as well.

#3 — November 26, 2002 @ 17:31PM — Hazy Dave [URL]

So, I wonder what evidence of accounting irregularities, greed, corruption and avarice are being suppressed here? I don't blame Jackson, Jack and J.D. for letting themselves be bought out, since there's no way they could muster the resources to take on the Time Warner AOL legal department. To say nothing of the executive management, sales, auditing and accounting departments... But I wonder how much they settled for?

#4 — September 23, 2003 @ 22:36PM — fran leadon

i wanted to let you know bernie leadon has a new solo record coming out later this month. it's available now at his website bernieleadon.com.... it's his first solo record since 1977! produced by ethan johns, features emmylou harris.

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