Chuck Berry Sued By Longtime Pianist
www.sonicnet.com
November 30 / 2000
By Brian Hiatt
The father of rock and roll is facing a paternity challenge.
Johnnie Johnson, longtime pianist for legendary rock singer/guitarist Chuck Berry, sued Berry in federal court Wednesday, alleging he co-wrote some of Berry's most famous songs and never received any portion of the millions of dollars in royalties they generated. "On countless occasions beginning in 1955, Mr. Berry failed to inform Mr. Johnson that ... because of his significant contributions to the creation of the Berry/Johnson songs, [Johnson] was entitled to share
in the copyright ownership and in the massive profits that were being generated by those copyrights," lawyers for Johnson wrote in the suit.
Among the several dozen seminal rock songs Johnson claims to have co-written are "Roll Over Beethoven" "Rock & Roll Music" , "Sweet Little Sixteen" and "You Never Can Tell" .
Dick Alen, Berry's longtime agent at the William Morris Agency, said Johnson's suit was an attempt to embarrass Berry just before this weekend's Kennedy Center Honors in Washington. The guitarist will be honored at that event for "unique and extremely valuable contributions" to American culture.
Alen added that he doubted the truth of Johnson's allegations. "If he hasn't filed the lawsuits for the 40 years since the songs [were] written, I don't think it was true then, and I don't think it's true now."
Johnson played in Berry's band until 1973. He fell out of the public eye until the mid-'80s, when Rolling Stones guitarist Keith Richards found him during the making of the Berry documentary "Hail! Hail! Rock 'n' Roll." At that time, Johnson was working as a bus driver. In the film, Richards said he believes that Johnson was a creative force behind Berry's songs, noting that many of them are written in keys more comfortably played on a piano than on a guitar. Johnson, who was given a Pioneer Award in September by the Rhythm & Blues Foundation, is recognized as one of the greatest pianists in rock history. He's released five solo albums since 1986, featuring such guest musicians as Richards, Eric Clapton, blues guitarist Buddy
Guy and E Street Band drummer Max Weinberg. Berry, who began his musical career as a guitarist in Johnson's band, soon took over the ensemble.
The lawsuit says Johnson allowed Berry to lead the band "in
recognition of the fact that while Mr. Berry was not of the same
caliber as Mr. Johnson as a musician and composer of music, Mr. Berry was the superior lyricist, showman and businessman."
The suit, filed in United States District Court for the Eastern
District of Missouri, accuses Berry of taking advantage of Johnson's alcoholism and lack of business savvy by not informing him that he was entitled to songwriting royalties.
Johnnie Johnson Sues Chuck Berry Over Royalties
www.cdnow.com
November 30 / 2000
By Troy J. Augusto
Musician and songwriter Johnnie Johnson, also known as the Johnny in Chuck Berry's smash hit "Johnny B. Goode," has filed a multi-count lawsuit against Berry, alleging that the Rock and Roll Hall of Famer has neglected to ever pay Johnson for what he claims are significant contributions to Berry's career.
Johnson's lawsuit, filed Wednesday (Nov. 29) in St. Louis Federal District Court, asks for "Johnson's rightful share of monies realized from numerous Johnson/Berry-composed songs, for which Johnson never received proper credit or royalties," according to court papers.
Johnson alleges in the suit, which otherwise seeks unspecified
damages, that he helped Berry create a new musical genre by assisting in the composition of such rock standards as "Roll Over Beethoven," "No Particular Place To Go," "Rock and Roll
Music," "Sweet Little Sixteen," and many more.
The suit further alleges that Berry registered all song copyrights in his own name, allegedly cutting Johnson out of his rightful share of their partnership. Johnson's representatives claim that Johnson has approached Berry in an effort to settle the matter out of court, but Johnson was apparently rebuked in those efforts.
In September, Johnson was given the Pioneer Award by the Rhythm & Blues Foundation (allstar, Sept. 7). He is also the subject of an upcoming Atlantic Records tribute album.
Johnnie B. Litigating
Johnnie B. Goode just went bad on Chuck Berry
www.eonline.com
December 1 / 2000
by Mark Armstrong
Legendary pianist Johnnie Johnson - the artist immortalized on Berry's classic "Johnnie B. Goode" - has filed a federal lawsuit against the rock 'n' roll legend, claiming he cowrote and is entitled to royalties on many of Berry's early hits, including "Roll Over Beethoven," "No Particular Place to Go" and "Rock and Roll Music". The suit, filed Wednesday in U.S. District Court for the Eastern District of Missouri, seeks unspecified damages and "all of the profits realized" by Berry and his publishing company, Isalee Music. All told, Johnson claims to have written the music on 52 songs, while Berry wrote the lyrics.
Johnson also claims Berry "took advantage" of the sideman during his struggle with alcoholism and led him to believe Berry was entitled to sole ownership of the songs. Berry, now 74, copyrighted all the songs for himself. Johnson's suit comes just four days before Berry was slated to receive a Kennedy Center Honor from President Clinton. Johnson and Berry's relationship traces all the way back to 1952, when Berry joined with Johnson's Sir John Trio in St. Louis. The group became the house band at the Cosmopolitan Club in East St. Louis, and Johnson's piano style helped shape Berry's guitar-playing. Soon, Johnson realized people were coming to see Berry, and the band was soon renamed the Chuck Berry Trio.
Johnson's subsequent slight led Rolling Stone Keith Richards to
spearhead a hitherto fruitless petition drive to get Johnson into the Rock and Roll Hall of Fame. A musician isn't eligible for the Rock Hall until 25 years after his/her first credited album. "[Johnson] ain't copying Chuck's riffs on piano," Richards once said. "Chuck adapted them to guitar and put those great lyrics behind them. But without somebody to give him those riffs, voila!, no song, just a lot of words on paper". With Richards' encouragement, Johnson released a Grammy-nominated
solo album titled Blue Hand Johnnie in 1987. Although he won't be eligible for Rock Hall induction as a solo artist until 2012, he may be inducted sooner into the newly created "sideman" category. Meanwhile, Berry's camp is questioning the timing of Johnson's legal action.
"I'm so surprised that a lawsuit could come down 45 years later. I just find it mind-blowing", Berry's booking agent, Dick Alen, tells Billboard. "When I spoke to Chuck, he said, 'I'm just disappointed that Johnnie would do something like this".
Chuck Berry hit with suit by former sideman
www.rollingstone.com
December 2 / 2000
By Christina Saraceno
Johnnie Johnson, one of Chuck Berry's longtime sidemen and the man who inspired Berry's classic "Johnnie B. Goode," filed suit against Berry in a St. Louis Federal District Court on Nov. 29.
The multi-count suit alleges that Johnson and Berry were equal
collaborators on early rock classics like "Roll Over Beethoven," "No Particular Place to Go" and "Sweet Little Sixteen," to name a few. Johnson claims that Berry registered the copyrights to the songs in his name alone, and therefore was the sole recipient of royalties from those songs. Johnson's suit also seeks public recognition for his songwriting role on the fifty songs he claims to have written with Berry. Publicists for Johnson say that Berry was contacted before the suit was filed in an effort to avoid litigation, but that Berry refused to discuss the matter. The suit is for unspecified damages.
It was Chuck Berry who joined Johnnie Johnson's group, the Sir John's Trio, in 1953. Shortly after, Berry took over as the group's songwriter and frontman/guitar player. Johnson's celebrated piano playing has been credited as the essential component in Berry's classic tunes, many of which Johnson arranged. But after their long partnership Johnson remained largely unknown until the 1987 release of the Chuck Berry concert film Hail! Hail! Rock 'n' Roll. Johnson's career was further rejuvenated when the Rolling Stones' Keith Richards rediscovered him and enlisted Johnson to play piano on his
first solo album, 1998's Talk is Cheap. Richards in turn appeared on Johnson's 1992 album, Johnnie B. Bad. This past September Johnson was recognized by the Rhythm & Blues
Foundation with a Pioneer Award.
Johnson once said of his songwriting ability, "I can hear something and keep it in my mind until such point as I can get to a piano, and then I'll play it . . . that is a gift, the ability to do that". Ironically, this "gift" is the reason Johnson's spokesperson claims he never filed suit earlier. "He's a savant, he doesn't even know how to write music, he retains it in his head," publicist Julie Doppelt said. "And aside from having no sense of what the music business was [at the time], he would compose the music in his head and not realize that he composed the songs. And Chuck would take advantage of this
and register the copyright in his name. For many years [Johnson] was a serious alcoholic and it's taken him a long time to realize that these contributions still constitute songwriting." Doppelt added that Johnson has been sober for twelve years.
Berry's longtime agent Dick Alen calls the timing of the lawsuit into question. The suit was filed just three days before Berry was to be honored as one of the 2000 Kennedy Center Honorees. Berry joins an impressive list of artists like Placido Domingo and Mikhail Baryshnikov who will be honored at the Kennedy Center's Opera House in Washington, D.C., on Dec. 3. President Bill Clinton and Senator - elect Hillary Clinton will attend the performance.
Alen said that Berry is "disappointed that his friend Johnnie would press a lawsuit. It's forty-five years after the songs were written. Chuck has been friendly with Johnnie since the early days. He just sent a letter to the Rock & Roll Hall of Fame [in support of Johnson's admittance]. It just sounds like the suit was meant as an embarrassment for Chuck." Alen deferred further comment about the actual suit to the lawyers but added that until the lawsuit, Johnson had never expressed disappointment regarding his treatment from Berry.
Sour Note: Time for Chuck Berry to roll over, says rock legend Johnnie Johnson
Riverfront Times
www.riverfronttimes.com
December 6 / 2000
By Randall Roberts
What a weird week in St. Louis music history, one that wouldn't have been shocking 35 years ago, but now? In an odd turn of events that threatens to transform one of this city's most venerable legacies into Court TV fodder, Johnnie Johnson has sued Chuck Berry. Claiming that he never received proper songwriting credits and, therefore, royalties for his share of the work, Johnson wants half of all the cash Berry has made off seminal rock & roll tunes "Roll Over Beethoven," "No Particular Place to Go," "Rock and Roll Music" and "Sweet Little Sixteen," as well as 48 others - virtually every song Berry released through 1965. It's a body of work that's worth millions.
The suit, filed Nov. 29 in U.S. District Court in St. Louis, seeks, in essence, to rewrite the history of rock & roll by giving Johnson the credit he claims is long overdue.
"The claim is that virtually all the songs that were created between 1955 and 1965 were collaborations between Chuck Berry and Johnnie Johnson," says Mitch Margo, the lawyer representing Johnson. "Most often, the way they came about was that Chuck Berry would write poems, and he and Johnnie Johnson would then sit down together and write the music to the words to create the songs. This was done on the road, different places, Chuck Berry's home in Wentzville."
It's long been suggested that Johnnie Johnson had an equal part in building the foundations of rock & roll; the Rolling Stones' Keith Richards said as much in the Chuck Berry documentary Hail! Hail! Rock 'n' Roll. Johnson's frantic piano riffs are an integral component of Berry's sound, and it was in part a combination of guitar and piano that set the world ablaze - even if it was Berry's good looks, charisma and duck walk that made the biggest impression. That Johnnie Johnson is, in the history of rock & roll, a mere footnote is a shame, as is the truth that on some of the compositions you can barely hear the tink of his piano beneath the din of Berry's guitar.
Margo says he intends to prove that Johnson was responsible not only for the melodies but even, ultimately, the key in which Berry played his guitar: "Many people in the music industry have wondered out loud recently why it is that all of Chuck Berry's songs are in strange keys for the guitar. They're very unusual, and people who write guitar music don't write in those keys. And the reason is, they're piano keys. Virtually all of his songs are in piano keys, and the reason that is is because Johnnie Johnson was sitting doing the music while Chuck Berry was writing the poems." Margo says that this will be a key emphasis in Johnson's court offense.
Berry's lawyer, Joe Jacobson, says his client denies that Johnson co-wrote any of the songs and notes that Berry was "shocked and saddened" by the lawsuit: "He stood by Johnnie for many years when Johnnie was having a lot of problems. Johnnie was a paid employee of Mr. Berry's. Mr. Berry paid his salary and recording sessions. It was no secret for anybody that Mr. Berry was writing these songs and copyrighting them, and he's just shocked that now, all these years later, Mr. Johnson is coming by and claiming to be a co-writer. This isn't the case."
Jacobson also says the lawsuit seems well timed, being filed mere days before Berry was honored with the Kennedy Center Lifetime Achievement Award last weekend. "Obviously I can't get into somebody's mind," he says, "but what occurred to me was that this was designed to maximize the leverage on Mr. Berry for a meritless settlement in order to avoid embarrassment on a day when he was going to be in the public's eye throughout the United States." (As if Berry's going to be embarrassed by a lawsuit. Anyone who has followed Berry's career knows of his sometimes-sordid run-ins with the law; he's weathered far more embarrassing episodes than a lawsuit over songwriting credits. If you don't know what we're talking about, we've got a videotape you should check out.)
Examining the list of Chuck Berry songs - classic pieces of music that nearly single-handedly changed the world (John Lennon once called him "my teacher") - it's interesting to note the breadth of Johnson's suit. He's claiming partial ownership not of a few classic songs but of nearly all of them created before 1965. Johnson claims ownership of songs that he didn't even perform on - like "Downbound Train," on which Otis Spann was the pianist, and "Rock and Roll Music," which featured Lafayette Leake on piano.
Most confusing is Johnson's admitted rationale for bringing the suit and waiting 40 years to take action: He's using the "I was drunk and a poor businessman" defense. Says Margo: "I think part of it is because of the alcoholism (Johnson is a recovering alcoholic). Part of it is because of misleading Johnnie into thinking that he was not entitled to anything. And Johnnie Johnson is not a sophisticated businessman; he is a musical genius. And, all those things coupled, he was not aware he was entitled to anything more than the studio-musician's fee."
Whatever the merits of the case, one heartbreaking thing's for certain: Don't expect Chuck Berry and Johnnie Johnson to appear onstage together anytime soon.
Key issue in suit against rock star is whether it was filed too late
St. Louis Post-Dispatch
December 22 / 2000
By Ellen Futterman And Tim Bryant
The scenario could shape up this way: The judge and the jurors take their places. Bailiffs roll in the Steinway. The plaintiff approaches the bench -- the piano bench, that is. Then he begins playing to demonstrate how his contribution to 52 songs helped define the course of rock 'n' roll.
We're not talking about TV's "Ally McBeal," although this courtroom drama has enough fantastical elements to rival any Hollywood creation. Consider the following: Not only did the plaintiff and the defendant enjoy a relationship that spanned five decades, their attorneys were once partners in the same firm and close friends.
There's the defendant himself, one of the world's biggest names in music: the legendary Chuck Berry. This month he received the Kennedy Center Lifetime Achievement Award, possibly the most prestigious honor to be given to an artist.
Just days before he got to shake hands with President Bill Clinton in Washington, the suit against Berry was filed in U.S. District Court in St. Louis. It claims that Berry, 74, never gave proper songwriting credit to his longtime pianist, Johnnie Johnson, 76, of St. Louis, for their collaboration on 52 songs written from 1955 to 1966. As a result, the suit says, Johnson should receive royalties - what could be tens of millions of dollars - for his share of the work.
Just to keep things really interesting, add to this a 52-year-old Houston businessman whose mission in life is making sure Johnson is recognized as the father of rock 'n' roll. This businessman, George Turek, even self-published a hardcover book about Johnson's life titled "Father of Rock & Roll," the nickname most often associated with Berry. The 400-page book was written by Turek's stepson.
And then, in the midst of this, Johnson got word that he would be inducted into the Rock and Roll Hall of Fame in March as one of two sidemen. He's getting the honor for his help "shaping the arrangements of countless Berry hits including 'Maybellene,' 'Sweet Little Sixteen,' 'Roll Over Beethoven' and 'Johnny B. Goode'," according to a statement issued by the Cleveland-based rock museum.
Berry was among the first superstars to be inducted into the Rock and Roll Hall of Fame in 1986.
Those who know Johnson can't say enough good things about him. "Humble" is the word that most often pops up. They also marvel at his musicianship and the fact that he still performs regularly at local clubs with his popular Johnnie Johnson band. He even played piano for Berry when he helped open the city's new Pageant nightclub in mid-October.
Some feel that Johnson has been overlooked for his role in creating the Berry sound - it has been said that if Berry is the voice of rock 'n' roll, Johnson was its architect.
Yet others feel that the suit is an unfair attempt to rewrite rock 'n' roll history. Everybody wonders, though, why Johnson waited to file the suit now - 45 years after he began working with Berry?
All fingers point to Turek, founder of a multimillion-dollar medical management firm. Turek considers Johnson "a second father" and "the Mozart of modern music." Johnson thinks of Turek as "a guardian angel."
The two weren't supposed to meet at all. Turek had hired a blues band he and his brother had heard in Memphis to play at Turek's wedding in Detroit in 1993. But a few weeks before the wedding, the Jimmy Johnson band canceled.
Not sure what to do, Turek remembered that his brother had bought a CD he thought was Jimmy Johnson's music. The CD was fantastic but it wasn't Jimmy Johnson's. It was called "Johnnie B. Bad," and it was Johnnie Johnson's first solo recording. Turek took one listen, was bowled over and immediately lined up Johnson to play at the wedding.
"That was the beginning of a lifelong friendship," Turek said in a phone interview from Houston. "Johnnie is so significant and has made such a contribution to music history that he deserves the recognition he is due. The more I learned about him the more I felt someone had to lead the way to make sure he gets all the accolades and honors he deserves before he passes on."
No argument Turek has led the effort to get Johnson into the Rock and Roll Hall of Fame, although he's not alone in that effort. Rolling Stones guitarist Keith Richards spearheaded a petition drive on Johnson's behalf that was signed by Eric Clapton, Bo Diddley, Little Richard, Rod Stewart, Dick Clark and Etta James, among others.
Turek also was the one who got in touch with Clayton lawyer Mitch Margo about pursuing a suit on Johnson's behalf against Berry. But Turek, who won't say if he's financing the suit, insists it was Johnson's decision to initiate the action.
"It was Johnnie and Frances' (his wife) decision to make," Turek said. "I'm sure he had discussions with a number of people about his position and what his rights were. I do feel that since Johnnie has gotten more awards, honors and national attention, he's also gotten more confidence. I think he finally realized that he had played such an important role (in Berry's music) and that he should receive compensation."
Turek said he couldn't be more thrilled about Johnson's induction into the rock hall, and Johnson himself said, "I'm still on cloud nine."
Whether Johnson waited too long to sue Berry is a central issue in their dispute.
Copyright law, on which Johnson's suit is based, provides a "rolling" three-year window of opportunity for a writer to sue and recover damages from someone who claims the material as his own.
In the late 1940s, the suit alleges, Johnson created an untitled instrumental blues tune he used as his theme song. With lyrics provided by Berry, Johnson reworked the tune as "Wee Wee Hours" as the flip side of Berry's first big hit, "Maybellene," recorded at the Chess Records studio in Chicago in May 1955.
Although he came up with "Wee Wee Hours" before he met Berry, Johnson could recover damages for only the last three years of Berry's alleged infringement of Johnson's registered copyright of the song. Johnson's damages in that instance are slight, Margo acknowledged.
Much more significant is the claim that Johnson and Berry collaborated on at least 52 songs from 1955 to 1966. Several helped form the bedrock of rock music. They include "Roll Over Beethoven," "No Particular Place to Go" and "Sweet Little Sixteen." Johnson got no songwriting credit on any of the tunes.
Copyright law presumes a 50-50 split of earnings between song collaborators. If Johnson can show that a statute of limitation does not apply and his suit is successful, he could win a judgment in the millions of dollars from Berry and his music company, Isalee Music Co.
Berry, no stranger to suits, is being represented by Clayton lawyers Martin Green and Joe Jacobson. On Thursday, Jacobson said that Johnson's suit had no chance of success because his time to file an ownership claim expired by 1970. The three-year statute of limitation to make such a claim began running, at the latest, in 1966, when Johnson and Berry ended their song-producing collaboration, Jacobson said. Such a period begins when a co-author first repudiates his partner's role, he added.
"Johnnie knew that; he always knew that," Jacobson said. "It's only in the last couple of years that with people talking in his ear, he said, 'hey.' "
But Margo contends that Johnson didn't know. According to the suit, Berry "took advantage" of Johnson's alcoholism for Berry's own gain and exploited Johnson's musical ability. Johnson is a recovering alcoholic.
The suit has produced a rift between Johnson and Berry. Coincidentally, Margo ended his long association with Green and his firm in 1998, soon after they lost a copyright infringement suit against Steven Spielberg and author Michael Crichton.
Margo said the split "had to happen sooner or later."
While the two lawyers maintain that they are still friendly, time will tell whether Berry and Johnson can resume a relationship. The two began working together when Johnson was short a musician for a gig at the Cosmo club in East St. Louis. He called a guy he knew, Chuck Berry, to sit in one night. "That one night lasted over 30 years," Johnson said.
Berry did not respond to a written request for an interview. Johnson said that he wouldn't mind playing with Berry again: "If they book me, I'll play."
Back