JRNYMAN wrote:Help me out here for a second because now I'm confused..... (although it doesn't take an awful lot to do that...)Don wrote:steveo777 wrote:slucero wrote:JRNYMAN wrote:No, I'm not forgetting anything. Like I stated in the fantasy scenario I described above,slucero wrote:
you guys keep forgetting that all of this has to be cleared by BeakZilla and his lawyers...
all past and present members would tell their entire story of their time with the band - including Perry. Now, do I believe that that kind of no-holds-barred access and permission is ever going to be granted - especially for the purposes of publishing it? C'mon, I may be dumb....
My point is simply that a complete bio on this band really should be done to chronicle the life of the living, breathing organism Journey is and how it was they were able to continue to exist lo these 35-40 years. You hear the phrase "living the dream" and in most cases it refers to somebody who is living life on their terms due to them becoming a larger-than-life rock star. For most, it lasts a very, very short time and BAM! they're back to mixing paint at Home Depot or folding shirts and jeans at The Gap. These guys got to do it longer than other people's entire careers in fields they went to college to work in. That fact puts them in a class which includes only a select few individuals and IMHO warrants an unabridged, honest, detailed history. So if you ever make it to Phoenix and you want to look me up, just ask for Blue Boy... I'll be the one holding my breath!
That's not what I meant.. but I think we agree..
Perry has always had "yay/nay" rights over what Journey material was published and post breakup, what all the others can say.. it's why nothing in the vast Journey vaults gets monetized. It always has to pass Perry scrutiny, and he is never gonna give that up. It would be stupid of him to give up the single lever he has to control the legacy of Journey.
"fantasy scenario" is totally accurate...
Sure about the part where the beak has to sign off on everything? You potentially have 4 voting members and the majority should rule, ie., if Neal, Jon and Ross say yeah....Perry says no, they should have veto power. They're the ones who are still busting their asses out there working. That seems only right!
Wouldn't Perry having ultimate power like that be kind of like a dictator?
Depending on exactly what is being looked at it doesn't work that way. Like Kevin Shirley said two years ago, Perry has a say in everything from the Sony/BMG era. The funny thing is, when SP left in 1998, the catalog wasn't even worth half of what it is today. The other members should have bought him out then. Since they didn't, this is what they get.
Even if Perry dies that won't change as copyright from 1978 forward lasts for 70 years after death and can be transferred to another party, ie. his daughter who will retain the same rights regarding granting/ denial.
There are quite a few bands and even record labels who have bought out their artists. I don't know how well the rest of the Journey guys took care of their money prior to 1998 but a buyout would probably have been the best option, providing Perry would have accepted it. As it is, he is a voting member for life.
It's not like a dictatorship because Jon and Neal have the same power. They could have probably stopped the Greatest Hits 2 from coming out if they wanted to.
Now, with Wal-Mart killing off the Manila DVD and looking to dump their Eclipse inventory, I don't imagine Jon or Neal saying no to anything that Sony wants to do with, especially with Nomota's one exclusive retailer cutting them off at the knees with their newer material.
It was my understanding that Perry had yay/nay voting rights for the 10 years following his official exit from the band after-which he was no longer paid tour revenues, gave up exclusivity rights to their catalog - which is why the re-records were able to be re-recorded and released on an album, etc. Why then does he have supreme veto power over decisions like the one we're now discussing? And also, how long are the NDA's in effect? For life? Surely there has to be some sort of clause that lifts them in the event of his death, no?
The ten years pertained to the touring gross he was getting a cut of. The re-releases didn't need his approval, he only has to be notified and paid based on what has been shipped. Audio covers can be done by anyone as long as they don't alter the melody to make it a derivative work. If that was done, then Perry could have stopped them. The band itself did that to the X-Factor winner in the UK who was going to cover the song but to a different arrangement.
Video releases though are a different matter. Believe me, if Perry didn't sign off it on it, there would be no DVD pack-in on Revelation, Manila DVD or even any DSB in the new Documentary. Diaz herself thanked Perry in the closing credits and his stated that she was grateful that he did indeed allow her to use the songs in her film.
Licensing for films/commercials is the same way. Even after Jon and Neal okay'd DSB for the Sopranos, it wasn't a done deal until Perry gave the all clear a week before the scheduled airing.
I get the feeling that prior to 2010, Jon and Neal had given their lawyers Carte blanche to sign any licensing request that came across their desk. Luckily Perry DID veto a lot of that and instead of seeing songs getting overplayed in swiffer commercials, they were used in VERY lucrative films (Shrek sequels, Monster VS Aliens, etc).
Even Herbie has said that Perry is tightfisted financially (still has the first dime he ever earned) so in the end, maybe it was for the better. If DSB had been green-lighted for A burger King commercial in the 90s, would it still have had the same impact in 2007 on the Sopranos? Who knows but as Perry hasn't had to work in decades, gifted his Royalties for his biggest solo hit to his ex (a song that went to #3 on the Billboard charts and the 46th bestselling song of the year in Australia) and still seems to be doing okay financially, maybe letting Perry run that side of the business was the best thing that ever happened. Perry has handled all the album remasters, the Houston DVD and the second Greatest Hits package so it seems he is VERY much still part of the Journey team regardless.
As far as for non disclosure agreements, it can be for any length of time that both parties agreed upon, whether it be for five years or even 20 years post death of either signee. Don't forget that JSS and Augeri have signed these with the band too. It's not only Perry, Schon, Cain, etc.
