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Unmaking of the Band
Weekend
July 14/15, 2001
TV has given us a good look at what goes into making the band. Shows like “Popstars” capture the initial excitement of a harmonious beginning. But this is what the unmaking of a band can look like, when one member of a group gets kicked out by the others.
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Thirty-year-old Kevin Cadogan is suing his former band mates Third Eye Blind and Elektra records. Cadogan was the lead guitarist and co-founder of the group. But the band wanted Kevin out and shortly after a performance he says they left him stranded on the road, as they boarded a private jet.
Kevin says, “I was told I’m not happy, they're not happy and that was that. Before I knew it everyone was gone."
Cadogan says he had an oral agreement to split the profits
and ownership of Third Eye Blind 50-50 with lead singer
Stephan Jenkins. The lawsuit alleges Jenkins deceived
Cadogan, took 100 percent ownership, and conspired with
the record company to cut Cadogan out when he realized
what was going on.
Kevin says, "It's very emotional. Your whole life goes into this, your whole life's work."
But apparently you can be forced to leave, even after 30 years with a group. Eagles guitarist Don Felder says he was kicked out of the group after this reunion tour.
His lawsuit alleges frontmen Glen Frey and Don Henley repeatedly threatened to have him thrown out of the group over the years unless he went along with their artistic decisions. He is suing for more than 50 million dollars.
Music industry attorney Don Passman, whose clients include Janet Jackson, R.E.M., Mariah Carey, Quincy Jones and Tina Turner, says if a proper written partnership agreement is drawn up, it can be quick and easy to kick a band member out.
He says, “I normally set it up so you can terminate someone without any cause whatsoever as long as enough people get together and vote on it."
Kind of a musical version of “Survivor.”
Before the alliances form and paranoia sets in, experts say get it all down on paper. Once Sony records comes along with a million dollars, strange things happen to bands.
Attorney Michael McCreedy who advised the Chicago group The Motherlode to set the ground rules for success before they hit the big time.
Drawing up a partnership agreement to split everything equally, in case they do hit the mother load. McCreedy says, “If you can't agree at the outset on these issues, maybe you shouldn't be in the band."
For all the music they wrote together, Cadogan says Third
Eye Blind never wrote up a partnership agreement and that
will make his case harder to prove. Kevin says, “I was
wronged here and Stephan Jenkins is getting away with
the loot." |
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