Who Do We Think We Are? Part Two

After the disastrous tour for their ‘Come Taste the Band’ album wrapped in Japan in March 1976, a burned out, drugged out, and generally down-and-out Deep Purple limped back to the UK and quietly died. it was an ugly ending to one of the greatest and most important HM bands in history.

But wait! Deep would return just a few years later, re-grouped and ready to once again take Hard Rock world by storm! YES!!

Oh, wait… Did you think I meant the MkII reformation that took place in 1984, resulting in the Platinum-selling “Perfect Strangers’ album and the highest grossing tour of 1985? Sorry, no. I was referring to the absolute debacle that occurred in 1980, when a handful of small-time west coast musicians-for-hire put together a bogus DP, booked a North American tour and fooled absolutely no one. Sorry.

Our story actually begins with Steppenwolf. The ‘Wolf broke up in 1972, but various versions of the band persisted for decades, in fact right up to this very day. Just between 1977 and 1980, there were 9 different Steppenwolf line-ups, 8 of which featured at least one original member: usually either Nick St. Nicholas or Goldy McJohn. (One line-up included Frankie Banali!) It was during this revolving door period of band membership that guitarist Tony Flynn and keyboardist Geoff Emery became members of Steppenwolf.

Nick St. Nicholas was the last original member involved in this ongoing ‘New Steppenwolf’ fiasco. When he finally left, one would think that was that… But Flynn and Emery picked up the ball and ran with it, assembling another new line-up and touring clubs as Steppenwolf. With ZERO original members. The band consisted entirely of ‘jobbers’; hired hands picked up by McJohn and Nicholas over the years to fill out a line-up and enable the band to tour. Steppenwho??

Emery and Flynn left in 1980, as John Kay started threatening lawsuits. The pair must have made a few bucks whoring around under the Steppenwolf banner, as they immediately set to work forming a bogus version of another classic (and defunct) band: Deep Purple. Emery (who was also a lawyer, which explains a lot) contacted former DP Mk1 vocalist Rod Evans and original bassist Nick Simper to see if either was interested in ‘reforming’ Purple. According to Simper, “Rod phoned in 1980, when I was not at home, so he told my wife I should call him back, which I – in some wise anticipation – never did.” Smart man.

Rod Evans? Not so smart. Evans climbed aboard the phony express and, along with SteppenWTF alumn Dick Jurgens on drums and fellow anonymous jobber Tom De Rivera on bass, proceeded to do business as Deep Purple. Emery and Co. quickly found out the name ‘Deep Purple’ opened a lot more doors (and would potentially bring in a lot more cash) than the ‘Steppenwolf’ moniker, as Evans’ presence lent this project enough credibility that a tour was booked by the prestigious William Morris Agency, and a record deal was secured with Curb Records, an affiliate with Warner Bros. Records. Deep Purple was back!

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The New Purps managed about 30 shows in the US, Canada and Mexico before the lawyers got involved. The nightly set list contained Mk I staples ‘Hush’, ‘Kentucky Woman’, ‘Mandrake Root’ and ‘Wring that Neck’, but also several Mk II classics, such as ‘Smoke on the Water’, ‘Highway Star’, ‘Space Truckin’ and ‘Woman From Tokyo’. Mk III’s ‘Might Just Take Your Life ‘ and ‘Burn’ were included as well. But despite the stellar set list, the tour was a disaster. Several stories of near-riots have been related by fans over the years, including this one, posted online by a fan who attended a show at The Factory in Staten Island, NY on July 17:

“I distinctly remember the band coming on stage (although very briefly) sans Ritchie. It was a packed house and the crowd immediately went apeshit and started screaming for Ritchie and within a minute beer bottles started flying toward the band members. It quickly turned into a chaotic scene so I don’t recall for sure, but I believe a few of them were hit and injured. And if that wasn’t bad enough things only escalated once the bouncers tried to intervene…”

In an ironic twist, the opening band that night was a NY group called Samantha; their drummer, Bobby Rondinelli, would join Ritchie Blackmore’s Rainbow later in the year. Another interesting tidbit: The support band for the Swing Auditorium show in San Bernardino, CA was none other than the 9th bogus version of Steppenwolf! Awkwerrrrrrd!

By the time the tour hit Canada, Promoters began billing the group as ‘The New Deep Purple Featuring Rod Evans’. This didn’t stop Evans from making ludicrous statements like ‘Here is one off our “Burn” album’ when introducing ‘Might Just Take Your Life’ in Quebec City. A fan who attended that show posted this online:

“The fans were expecting Ritchie Blackmore not a fake look alike. The fans were very disappointed and started throwing stuff on stage at them. They even tore out theater seats to throw at them. The place was a mess… They almost caused a riot. It was a very bad concert for them and for the ‘Deep Purple’ name.”

It wasn’t just the fans that were pissed about the charade; promoters were also burned by the overwhelming negative feedback that the shows generated. Gary Perkins, promoter responsible for booking the band into Long Beach Arena, said “I feel like I’ve been duped. We just didn’t know what we were getting into. I though the group was more legitimate.” Robert Boulet, who booked the Quebec City date, said “They do not deserve to be paid, it is revolting.”

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As the tour progressed, the band started feeling the heat. Fake Purple played a festival in Mexico City, where in the band’s defense, Evans claimed in an interview for Sonido magazine that the new DP were using the Deep Purple name:

“In a totally legal form. I was the founding singer of the group and when I decided to form a new one with the guitarist Tony Flynn…. Before this we spoke with Ritchie Blackmore, of Rainbow, and with the people of Whitesnake. And they agreed.”

This proved to be a total lie. Evans changed his tune and sounded defiant in an interview for leading UK music paper Sounds in August, where he stated:

“We haven’t really tried to get hold of Ritchie. Whether Ritchie gives his blessing or not is of no real consequence to me as my blessing to him forming Rainbow would be of no consequence to Ritchie. I mean, if he doesn’t like it I’m sorry, but we’re trying.”

Tony Flynn spoke to a Rolling Stone reporter soon after, defending the sham with:

“(…our group) sounds exactly the same and looks exactly the same. In all respects we are the same product.”

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Evidence to the contrary can be found on Youtube, where footage from the televised Mexico City show can be easily found.

Presenting themselves as Purple had initially proved more lucrative than their previous scheme, but soon enough the Purple hammer came crashing down, and Emery and his cohorts finally found that messing about with HEC Enterprises (the real DP’s management company, who wholly owned the trademark for ‘Deep Purple’) was a different animal than the under-the-table deals with the ageing hippies that comprised the last remnants of Steppenwolf in the mid-70s.

Emery had actually incorporated the new Purps, and had the balls to call the company “Deep Purple, Inc.” Emery also applied for legal ownership of the “Deep Purple” trademark, the status of which he apparently believed was in question. Wrong. Wasn’t this guy a lawyer? This move brought out the big guns from HEC’s corner, and the whole mess was finally aired in federal court in California in 1981.

HEC’s suit against the imposters named Deep Purple, Inc. as well Evans, Jurgens, Emery and Flynn individually. The case was a slam dunk for the real Deep Purple, with the court awarding HEC/DP compensatory damages of $168,03.11, $504,09.33 in exemplary damages, $103,191.52 in attorney fees for HEC Enterprises’ counsel, and $40,782.00 for the legal fees of other plaintiffs (meaning concert promoters who had joined the suit). None of these dudes had that kind of dough, including Evans, who despite singing on Deep Purple’s 4 million-selling ‘Hush’, was skint.

The real DP knew that would never see any of the money. Stopping the bogus Purple wasn’t really about money. For the members of Deep Purple, it was about others cashing in on their years of hard work and creativity. It was about protecting a legacy. Perhaps Jon Lord summed it up best. For an interview in Hit Parader magazine immediately after the verdict was revealed, Lord said:

“The worst part of the whole thing is the damage it might do to our reputation. If we do get back together and decide to tour, what happens if word gets around saying, ‘Oh yeah, I saw them last year at Long Beach, and they weren’t anything like I remembered.’ The name Deep Purple still means a lot to most rock and roll fans, and I mean to see that it stays that way.”

And in 1998, while responding to postings about the ordeal on a Captain Beyond fansite:

“I did not enjoy having to appear in court against a guy I’d once worked with – but he who steals my purse steals trash; he who steals my good name takes everything I have.”

 

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Who Do We Think We Are? Part One

Danny Joe Brown left Molly Hatchet twice. Both times were due to health issues. His first exit took place in 1979, but he returned just a few years after. During his second stint with the band, Brown would watch every other member of the original line-up exit, and then some… Everyone who had written and played on hit albums like the self-titled debut, 2nd LP ‘Flirtin’ With Disaster’ and 3rd successful record in a row, ‘Beatin’ the Odds’, would leave the band during Brown’s 2nd stint as lead vocalist. Brown was indeed the last man standing. But when Brown suffered a stroke in ’96, his permanent exit marked the end of Molly Hatchet. Forever.

No it didn’t. The remaining members of ‘Molly Hatchet’ replaced Brown with Phil McCormack, and continued on, with ZERO original members; NONE of the musicians who wrote or recorded the material that made the band’s name remained. This was a band made up of replacements of replacements. This bogus Molly Hatchet toured relentlessly, and released four albums under the ‘Molly Hatchet’ banner between 1996 and 2005, Including a ‘Best Of/Re-recorded’, which amounts to a Molly Hatchet album of Molly Hatchet covers. But… seriously, was this band really Molly Hatchet?

Legally, yes. Hatchet guitarist Bobby Ingram, who joined the band in 1986 replacing original guitarist Dave Hlubeck, purchased temporary rights to the Molly Hatchet trademark from the band’s manager after Brown’s departure, so this bunch of stunt-doubles was now legally doing business as ‘Molly Hatchet’. But ‘legally’ only means no one could dispute their use of the trademark; that it’s legal doesn’t mean it’s right.

During that almost ten year period between ’96 and ’05 (when Hlubeck returned to the fold on a ‘limited basis’), ‘Molly Hatchet’ operated in a very strange area; a twilight zone of quasi-legitimacy somewhere between ‘Multi-Platinum Recording Artists Molly Hatchet’ and every cover band playing ‘Flirtin’ With Disaster’ at the bar down the street. Legal ownership of a band’s name alone doesn’t make the band ‘legit’. But does a certain percentage of ‘original members’ guarantee ‘legitimacy’? What makes Molly Hatchet Molly Hatchet?

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Foreigner founder Mick Jones has had serious health issues of his own to deal with over the last decade, and since 2011 has replaced himself with guitarist Bruce Watson on occasions where he was unable to travel, play or otherwise fulfill commitments to live work. Therefore, on some nights, you might catch Foreigner, helmed by sole remaining original member Mick Jones; on others you may get ‘Foreigner’, a band consisting entirely of replacement musicians, none of whom performed on the original versions of any of songs in the band’s live repertoire.

On the nights when Jones is too ill to perform, is it still Foreigner? Or is it a Foreigner tribute band? No matter how remarkably life-like this band sounds, can they really present themselves to paying customers as Foreigner? No less than THIRTY FOUR musicians are listed on the band’s Wikipedia page as being either ‘Former Members’ or ‘Touring Musicians’. Bruce Watson is listed under ‘Current Members’, but the entry parenthetically states ‘(filling in for Jones)’. So he’s an ‘official member’ of Foreigner, but only when Jones isn’t playing. Hey, it’s a living.

Mick Jones is now 74 years old; what happens when he decides to call it a day? Will Foreigner continue without him, as Molly Hatchet did? Jones is perfectly happy to let Foreigner operate as Foreigner without him performing with the group, so why not just ‘keep the band alive’ and let them continue working the nostalgia circuit without him? Jones would presumably continue to make money from the continued band activity, so it would be a win for everyone. Gene & Paul: Are you listening? Foreigner are piloting your retirement plan.

But there’s another way to ‘keep the band alive’ (which really means ‘keep the money flowing’). Last year, southern rock firebrands Blackfoot released their first album in 20 years, entitled “Southern Native”. Or… did they? There are no founding members of the band in its current lineup, in fact no one in this incarnation of Blackfoot was even born when the original Blackfoot formed, or when any of their charting records were released. These dudes were in diapers when the Ken Hensley era began, which is basically when Blackfoot ended. The record itself contains standard-issue hard rock record, nothing special, kinda bland, and most notably, not very ‘southern’-sounding. But… the lead singer has a Mohawk! Sorry. This sure ain’t Blackfoot.

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Bottom line: This band is only Blackfoot because Rick Medlocke says it is. The ‘foot mainstay ‘put the band together’, although more likely he simply found a young, capable hard rock band, and signed them to a production deal, with the stipulation that they change their name to Blackfoot. The band’s ‘official’ website states that Medlocke joins the band onstage for ‘certain concerts’. Whoop de-do. C’mon, Ricky, give us a break. Shorty Medlocke must be spinning in his grave.

What’s the difference between the 2017 version of Foreigner and Foreigner tribute band Cold As Ice? Not much… other than the ticket prices, that is. Foreigner’s 2017 US tour is asking $75-$200 a head, and it’s a crap shoot as to whether Jones will even appear. You can catch ‘Cold As Ice’ for six bucks at the door… and who gives a shit who’s on stage as long as they sound decent?

It’s all about audience expectations; if everyone who buys a ticket is aware that they are shelling out their dough for a band consisting of nothing more than hired hands and sidemen, then fair enough. Enjoy the show. If not, that’s something close to fraud, is it not? Shouldn’t there be some required standard of disclosure? An asterisk next to the band’s logo in every concert listing, poster or banner ad denoting the ‘authenticity level’ of the act, like *100% Certified Hack-Free or *Contains 20% Ratt.

Do your research! Your favorite band might be just a brand. Sometimes the jukebox in the corner offers you more authenticity than the band on the stage… Buyer beware. As P.T Barnum kinda sorta said: There’s a rocker born every minute