‘Nasty turn’ in Guess Who fight sees Burton Cummings cancel agreements that let band perform his songs

According to a local music historian, Burton Cummings’s recent legal actions against the current lineup of the Guess Who are damaging the band’s legacy and could potentially lead to similar disputes between bands and former members.

As reported by Rolling Stone magazine, Cummings has terminated agreements with performing-rights organizations for all the Guess Who songs he wrote and published. This means that popular hits like “American Woman” and “These Eyes” may no longer be performed live in concert.

John Einarson, a music historian from Winnipeg, described this move as unprecedented and indicative of the escalating conflict between Cummings and the band. Einarson explained, “What has always bothered Burton Cummings is that Jim Kale and Garry Peterson, original members of the band, have continued performing under the Guess Who name, singing the songs that Burton originally sang.”

Einarson further added, “But they’re singing the songs that Burton sang, and he doesn’t like that at all.”

Cummings has effectively weaponized the collection of royalties for songwriters, preventing the band from performing his songs without facing legal consequences. This action has significant implications for the band and their ability to perform their most iconic hits.

Cummings has been embroiled in a longstanding dispute with Kale and Peterson, founding members of the band. Last year, Cummings and Randy Bachman filed a lawsuit accusing Kale and Peterson of misleading fans with a band touring under the Guess Who name.

While Kale has not performed with the current band since 2016, and Peterson only occasionally appears with the group, they have maintained that they have been transparent about the band’s lineup changes. However, Cummings’s recent actions have restricted the band’s ability to perform some of their most famous songs.

Cummings confirmed his decision in a Rolling Stone article, expressing his determination to prevent the band from performing his songs. He criticized the band for appropriating his life story and presenting it as their own.

‘Devastating’ to band: manager

Randy Erwin, the manager of the current Guess Who lineup, expressed willingness to negotiate with Cummings to resolve the situation. However, the outcome of any potential discussions remains uncertain.

Erwin highlighted the detrimental impact of Cummings’s actions on the band’s legacy and financial well-being, emphasizing the importance of allowing the band to continue performing and earning a living.

Several shows in Florida and Alabama had to be canceled following the termination of agreements with performing rights organizations. The band faced challenges in contacting BMI to clarify the status of their performances, resulting in significant disruptions to their schedule.

Erwin acknowledged the broader repercussions of Cummings’s decision, affecting not just the band members but also merchandise companies, venues, promoters, and venue staff. He emphasized the widespread harm caused by the inability to perform Cummings’s songs.

‘Doesn’t feel right’

Einarson and Erwin raised concerns about the potential consequences of Cummings’s actions for other artists and industry professionals. They highlighted the negative impact on various stakeholders and emphasized the need for a resolution to the dispute.

Einarson speculated that jealousy might be a motivating factor behind Cummings’s actions, rather than financial gain. He dismissed Cummings’s claims of deception, pointing out that the band’s lineup has historically been subject to changes without explicitly featuring Cummings and Bachman.

Ultimately, both Einarson and Erwin agreed that Cummings’s actions have created a challenging situation for all involved, underscoring the complexities of band dynamics and legal disputes in the music industry.