Thursday, June 13, 2013

Where is the Truth in Truth in Music?

     Jon Bauman, a former member of the group Sha Na Na with no rights to the name of that group, travels the country fighting for the rights of consumers by getting "Truth in Music" laws passed to stop counterfeit groups from calling themselves The Coasters, The Cornell Gunter Coasters, The Drifters, The Marvellettes, The Platters, the Supremes and more.  His mission appears to be stopping audiences from being fooled into paying good money to see groups using those names when most of the original members are dead.  But is there any truth in his quest?
     I only know the facts about a couple of these groups - both based in Las Vegas: The Cornell Gunter Coasters and The Platters, and I can tell you that there is no truth in Truth in Music when it comes to these two groups.
     The name The Cornell Gunter Coasters is owned by the two fellows who were singing with Cornell when he was murdered in 1986.  They have been to court.  They legally own the name.  Although they went their separate ways years ago, both perform under the name  with the knowledge they are have the legal right to do so.  But promoter Larry Marshak uses the name at will in a Cornell Gunter's Coasters, Drifters (or Marvellettes), Platters show he presents at venues across the country. 
     At least one of these groups has asked Bauman's help in protecting their name, but Bauman never responsed.  Perhaps they should consider themselves lucky. 
     The Platters name has been embroiled in lawsuits since "Only You" hit the charts in 1956.  Not only were did Bauman refuse to help he is presenting himself as an expert witness on The Platters in at least one upcoming lawsuit.  He makes the claim of expert despite never having stepped foot inside The Platters' office. 
     It is important to note that The Platters were not the typical 50s group that was cheated by unscrupulous managers out of thousands and, many times, millions of dollars.  Under the management of Buck Ram The Platters incorporated.  That meant they got a weekly paycheck, their social security taxes were withheld, their bills were frequently handled through the office as were child support payments, alimoney, etc.
     All of the singers considered "originals" are now deceased.  The name, however, continues and has graced Las Vegas marquees for 58 years at almost every casino in town at one time or another.    
     So where does Bauman come into the picture?   Nowhere, except that he was a friend of Herb Reed, who sang bass for The Platters from 1954 to 1969.  And he is a friend of Sonny Turner, who was lead singer of the group from 1960 to 1970.  He has also read a 1974 legal finding and bases his "expertise" on that case.  In a situation fraught with legal battles, there have been at least forty cases since 1974.  One of these was in Nevada with Reed and the ruling was in his favor.  However, that was quickly overturned in cases brought by other parties.  In 2010 a second, undefended case in Nevada, also went in Reed's favor.  The ruling in this suit appears "odd" in light of the truth supported by document after document including Reed's resignation letter of 1969.
     The most disturbing part of this latest rash of lawsuits brought in Reed's behalf is that it is unlikely he knew the cases were filed.  He was hospitalized in the fall of 2010 with a broken foot.  He never fully recuperated and passed away in June 2012.
     He also had told the Ram's business partner in an April of 2009 telephone conversation that he would "never go to court again.  We're too old, and it's not worth the money," he said.
     Surprise!
     Hire a new manager, and you never know what's going to happen. 
     The Truth in Music campaign is run with the support of the Vocal Group Hall of Fame.  Reed's new manager sits on the Board of Directors and the committee for Truth in Music.  That lack of ethics should bring the whole project under scrutiny.
     The claim by Reed's management's suits brought against a number of people across the country and supported by Bauman, is that Reed started the group and has continuously used the name since 1953. The claim is false.
     The supported facts are:
     The Platters were started by 20-something Alex Hodge, and high school students Gaynell Hodge, Cornell Gunter, Joe Jefferson, and a couple of other high school friends.   
     Gunter quit The Platters to finish high school.  He was replaced by 25 old Tony Williams.  Gaynell Hodge, who co-wrote "Earth Angel," moved on to The Turks. And Joe Jefferson was replaced by 26 year old Herb Reed, the neighborhood auto mechanic. 
     Reed was a straight-arrow, tea-totling, responsible guy with a huge ego.  He was responsible for the group on the road and was elected president of The Five Platters, Inc. at their first board meeting. He continued as president until he resigned fourteen years later at age 41.
     Reed was behind the campaign to have Alex Hodge removed from his own group.  It was Hodge's group, and he did not want to give up control and incorporate.  Lynch too was not sold on incorporating, but came around after a few months.
     With Hodge gone The Platters incorporated with each member of the group receiving a 20% share in the corporation and an equal salary and Reed as president.
     In 1953 The Platters had won a one year recording contract with Federal Records in a talent contest.
     Federal was having no luck in getting a hit record from the group despite changes in personnel. 
     Ralph Bass, of Federal, asked songwriter/talent manager Buck Ram to take over the group in a last ditch effort because their contract option was not going to be picked up. 
     At that time, Tony Williams had joined the group.  Ram represented Williams' sister, Linda Hayes, and Williams had audition for him seeking a career as a solo artist. 
     Based on Williams involvement, Ram agreed to take on the group, but he only wanted Hodge, Williams, Lynch and Reed.  Bass agreed, and said they should contiune to use the name The Platters.  That decision set in motion decades of lawsuits.
     At Reed's urging Hodge was replaced by Paul Robi.  Ram, with a penchant for quintettes, first added Linda Hayes to the line-up and, when Linda wanted to go in another direction, Zola Taylor.
     With the exception of Taylor who was 14, all of the singers were in their late 20s, and Reed was a 27 year old Korean War veteran.
     Within a year Ram moved the group from Federal to Mercury.  On the new label and under Ram's control The Platters quickly reached international superstardom with the songs he wrote including "Only You," "The Great Pretender," and "The Magic Touch."
     The label move and recording success led to a lawsuit between Federal and Mercury.
     It was five years from the time the group incorporated until Williams, who had become the lead singer, left for the solo career he coveted.
     Taylor, who had learned to drink the older fellows under the table, left the group to handle personal problems, including Frankie Lyman selling her furniture for drugs every time she went on the road.  She sold her stock to Ram's business partner when she left.
     Paul Robi was voted out of the group after being arrested and serving time on a felony drug charge.    At his departure he sold his stock to Daivd Lynch.
     Lynch, who had several children, left the group shorty thereafter to help his wife with their teenagers.  He too sold his stock, as well as Robi's, to Ram's business partner.
     Williams had put his stock up as collateral for a personal loan from Ram in 1960.  Ram called the loan in 1966, and took Williams stock in lieu of payment.  In yet another lawsuit, Williams received a cash settlement for the stock despite the unpaid loan. 
     Reed resigned from the group in 1969 as a result of a long power struggle with Ram.  He believed Ram had too much power over the group without taking into consideration that Ram and his business partner were the majority stockholders.  By the time he left there had been 26 singers in the group.  He retained his stock until 1987.  
     After Reed's resignation, he started a group he called Herb Reed and Sweet River.  It was not successful despite, and he attempted to trade on The Platters' name by adding "of The Platters" on one of his album covers.
     Despite being president of The Five Platters, Inc. and one of the motivators behind the incorporation and having knowledge of lawsuits involving the use of the name, Reed reverted to calling his group The Platters after the failure of Sweet River.
     In 1987, in a suit between Reed and the corporation, it was agreed that Reed could perform as Herb Reed's Platters.  He surrendered his 20% stock for the rights.
     Lawsuits continued to rage around the globe as counterfeit groups began to spring up everywhere with many of them calling themselves the Original Platters or claiming to have an "original" member.
     Then, in a 1987, California court ruling, Robi who was a replacement singer at the beginning was awarded the rights to the name.  He passed away before the decision, and his wife claimed rights to the name.  It wasn't long before she brought suit against Reed in the Nevada courts.  It was a mistake.  She lost her bid and was required to stop using the name and turn over all promotional materials to the court.  For the first time since he joined the group Reed had rights to the name, but a new battle began to rage around Reed.
     To Be Continued . . . .


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