MacDonald, Bruno (ed.) Pink Floyd: Through the eyes of . . . the Band, Its Fans, Friends, and Foes  (1996).

June 13, 2007

Pink Floyd“I have instituted proceedings in the High Court against myself for blatant plagarism, as I feel that this sort of thing must be stamped out.” -David Gilmour

Ah, the Floyd, a long time musical obsession of mine. Bruno Macdonald, in this book, has put together a compilation of short articles on Pink Floyd which covers pretty much everything up through the Division Bell album. Its a good selection, too. It includes stuff from die hard fans to the scathing critiques of the band. It also has a crafty little A to Z of all the songs. The highlight of the book for me is the article by Tom Hibbert in which he accuses Roger Waters of being the “gloomiest man in rock,” and having recently seen Roger in concert (at Earl’s Court), I think that I might wholeheartedly agree.

And there are some snippets of law in this baby. Brilliant.

The prevailing legal bit is of course about the Waters v. Floyd in which Roger Waters sued David Gilmour, Rick Wright, and Nick Mason from using the name Pink Floyd after Waters left the band. It is described at one point as a “legal football” of “which one’s Pink?” Waters believed that when he left the band it should have terminated because he was the driving creative force, and fair enough, at the time he was. But that didn’t stop the band from continuing when the original driving creative force left group in the form of a mentally fried Syd Barrett. However, Syd didn’t sue, so who knows. But maybe Water’s had a point as alot of the songs are credited primarily to him (i.e. most of The Wall). Of course I wonder how many of them notice that Mason is the only person to have been in the band from start to finish?

But of course its not all that easy as one finds in a David Fricke article from Rolling Stone article in the book. The real problem began when Waters fired a manager because he assumed Floyd was finished and that contractual obligations could not be completed when there was no band. The manager, Steve O’Rourke, wanted to get the royalty penalties that he felt he was entitled to due to an illegal termination under the contract. Waters apparently offered compromise deals to the others (at this time just Mason and Gilmour), which would have allowed them to retain the name by ratifying his dismissal of O’Rourke. They didn’t bite. So O’Rourke is about to sue Waters and Water’s tells Pink Floyd, “Listen, guys, if those papers come through my door, we all go to court. I am not going to be hung out in court for years and years while you guys are calling yourselves Pink Floyd.” As we all know he sued. Water’s characterizes the suit as a legal issue of who owns a piece of property called Pink Floyd, but recognizes that a court can’t determine “what is or isn’t a rock group.” He even recognizes that “no court in the world is interested in this airy fairy nonsense of what is and isn’t Pink Floyd.” As we all know Gilmour and Mason (and Wright, now) still use the name Pink Floyd so Waters lost out. Unfortunately, I haven’t really researched it enough to give you any more details than that.

There are also a few fleeting references to other law topics. There is an reference to the rise of the psychadellic movement in 1960s London, and its use of pirate radio stations. These were on their way out due to the Marine Offences Act “which was being rushed through the Commons.” This is followed by the police attempts at suppression of drugs, by using raids on the clubs where this music was being played (and taking in a few celebrities too). It does talk about one raid wherein the police searched 750 people and made 11 arrests.

Finally lets not forget that there is mention of one of the great rock songs about the law, “The Trial” off The Wall.

Bruno MacDonald

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