Whitney Houston Dead,Whitney Houston Dead
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Whitney Houston, The Florida Orchestra & the National Anthem
It was January 1991. Operation Desert Shield was about to become Operation Desert Storm. Our troops were on the verge of invading Kuwait and Iraq; there was tension and anxiety as Saddam Hussein threatened the United States with reprisals. It was also time for Super Bowl XXV in Tampa between the New York Giants and the Buffalo Bills. Whitney Houston sang the National Anthem accompanied by The Florida Orchestra conducted by Jahja Ling. Due to the pervasive sense of patriotism, the performance was so acclaimed that Arista Records – Houston’s record label – released the recording as a single. It soared up the charts unlike any other rendition of The Star Spangled Banner and was certified Gold by the RIAA. Of course, this was all news to The Florida Orchestra. Arista had never contacted the Orchestra before releasing the recording, nor did Arista have any contractual relationship with the Orchestra. Notwithstanding, Arista had no interest in paying the Orchestra royalties of any kind. At the time, The Florida Orchestra was in dire financial straits. Even though Whitney Houston and Arista were supposedly donating their “net” (anyone who knows anything about the entertainment industry knows that a whole lot comes off the top before “net” profits are calculated) profits to charities for the families of service men and women, the non-profit Orchestra needed charitable contributions just to remain afloat. Frank’s partner, Wally Pope, was on the Orchestra’s Board at the time and suggested that the Orchestra retain Frank to negotiate a settlement with Arista. Initially, Arista only wanted to pay the Orchestra a pittance, a one-time fee for providing background music. Utilizing his expertise in copyright law, Frank explained to Arista’s lawyers that the Orchestra was considered to be a co-author of the recording,
entitled to 50% of all revenues. This realization compelled Arista to pay the Orchestra for past sales as well as a continuing royalty on future sales. The six figure settlement went far to keeping the Orchestra operating. Fast forward ten years later. The interest in the recording for the Star Spangled Banner waned significantly following the abrupt end of the Gulf War, and the Orchestra had not received royalties or royalty reports from Arista for years. In the wake of September 11th, there was again a ground swell of national pride. Arista re-releases the recording only to see it sky-rocket on the charts attaining Platinum status. Remarkably, Arista doesn’t bother to contact the Orchestra or even send a royalty check. Remembering Arista’s continuing royalty obligations, Frank calls the new Executive Director of the Orchestra who was unaware of the 1991 settlement. Again, the finances of the Orchestra are in the red. Further investigation reveals that Arista not only has re-released the single, but the Star Bangled Banner was included on Whitney Houston’s Greatest Hits two-disk album, which in turn has gone double-Platinum. Of course, no royalties were paid on these sales. Calls to Arista go unanswered. Faced with an unresponsive behemoth, Frank files suit against Arista claiming the unpaid royalties. The lawsuit garners intense media attention, forcing Arista to begrudgingly call Frank to sheepishly confess that Arista had “forgotten” about the 1991 Settlement with the Orchestra. Under pressure from Whitney Houston, Arista is forced to promptly tender royalties to the Orchestra to secure a dismissal of the lawsuit. Again, the six figure settlement comes at a very opportune time for the fiscal health of the Orchestra. For his efforts, Frank is awarded a Platinum CD plaque from the Recording Industry Association of America.
It was January 1991. Operation Desert Shield was about to become Operation Desert Storm. Our troops were on the verge of invading Kuwait and Iraq; there was tension and anxiety as Saddam Hussein threatened the United States with reprisals. It was also time for Super Bowl XXV in Tampa between the New York Giants and the Buffalo Bills. Whitney Houston sang the National Anthem accompanied by The Florida Orchestra conducted by Jahja Ling. Due to the pervasive sense of patriotism, the performance was so acclaimed that Arista Records – Houston’s record label – released the recording as a single. It soared up the charts unlike any other rendition of The Star Spangled Banner and was certified Gold by the RIAA. Of course, this was all news to The Florida Orchestra. Arista had never contacted the Orchestra before releasing the recording, nor did Arista have any contractual relationship with the Orchestra. Notwithstanding, Arista had no interest in paying the Orchestra royalties of any kind. At the time, The Florida Orchestra was in dire financial straits. Even though Whitney Houston and Arista were supposedly donating their “net” (anyone who knows anything about the entertainment industry knows that a whole lot comes off the top before “net” profits are calculated) profits to charities for the families of service men and women, the non-profit Orchestra needed charitable contributions just to remain afloat. Frank’s partner, Wally Pope, was on the Orchestra’s Board at the time and suggested that the Orchestra retain Frank to negotiate a settlement with Arista. Initially, Arista only wanted to pay the Orchestra a pittance, a one-time fee for providing background music. Utilizing his expertise in copyright law, Frank explained to Arista’s lawyers that the Orchestra was considered to be a co-author of the recording,
entitled to 50% of all revenues. This realization compelled Arista to pay the Orchestra for past sales as well as a continuing royalty on future sales. The six figure settlement went far to keeping the Orchestra operating. Fast forward ten years later. The interest in the recording for the Star Spangled Banner waned significantly following the abrupt end of the Gulf War, and the Orchestra had not received royalties or royalty reports from Arista for years. In the wake of September 11th, there was again a ground swell of national pride. Arista re-releases the recording only to see it sky-rocket on the charts attaining Platinum status. Remarkably, Arista doesn’t bother to contact the Orchestra or even send a royalty check. Remembering Arista’s continuing royalty obligations, Frank calls the new Executive Director of the Orchestra who was unaware of the 1991 settlement. Again, the finances of the Orchestra are in the red. Further investigation reveals that Arista not only has re-released the single, but the Star Bangled Banner was included on Whitney Houston’s Greatest Hits two-disk album, which in turn has gone double-Platinum. Of course, no royalties were paid on these sales. Calls to Arista go unanswered. Faced with an unresponsive behemoth, Frank files suit against Arista claiming the unpaid royalties. The lawsuit garners intense media attention, forcing Arista to begrudgingly call Frank to sheepishly confess that Arista had “forgotten” about the 1991 Settlement with the Orchestra. Under pressure from Whitney Houston, Arista is forced to promptly tender royalties to the Orchestra to secure a dismissal of the lawsuit. Again, the six figure settlement comes at a very opportune time for the fiscal health of the Orchestra. For his efforts, Frank is awarded a Platinum CD plaque from the Recording Industry Association of America.
