Jamey Johnson Problems Are With Publisher, Not Label
The Jamey Johnson contract dispute that has kept the songwriter from releasing any new original material since his double album The Guitar Song in 2010 is not with his label as some have surmised, but with his publisher according to a new interview posted Wednesday (7-9) in The Nashville Scene. Though sometimes labels can function as publishers either directly or through subsidiaries, this is not always the case. Where a label is more concerned with releasing, distributing, and promoting music, a publisher deals more with the songwriting side of things like collecting royalties and distributing rights.
Johnson first let on that he was having contractual issues in February of 2013 “Financially speaking, they treat me worse than they ever did the Dixie Chicks,” Johnson told Rolling Stone. “I feel pretty used by the music industry, in that my contracts are written in such a way that I don’t get paid ”¦ I wish I could tell you that I am writing. I’m not. I wish I could tell you I’m gonna go home next week and record another album. It’s not likely to happen. We haven’t reached such a gridlock that we can’t continue to do work with them in the future. But we can’t do anything right now until that gets resolved.”
Since then we’ve been left mostly in the dark about what specifically is holding Jamey Johnson down. When Saving Country Music contacted Mercury Records, they explained Johnson was no longer signed with the label. So where was the dispute? Did it still have to do with Mercury even though he officially wasn’t under contract?
Last week Johnson spoke to Peter Cooper of The Tennessean, and once again Johnson was quite vague about the situation. “I’d have to contact three managers, and some lawyers and all kinds of people to come up with a reasonable answer for that,” Johnson said about his situation, but didn’t say if it was because of the label, or the publisher. “Contracts are hard to read. Attorneys are hard to get on the phone. But if you’re in a situation where you’re supposed to be making money and you’re not, buddy, it’s up to you whether you quit or not.”
Now when speaking to Jewly Hight of The Nashville Scene, it was finally clarified that it is indeed a publishing issue.
“You’re out of your record deal, but you still have the same publishing deal, right?” Jewly asked.
“Yes, ma’am, I do,” Jamey responded. “In an earlier interview last week a good friend asked me a question, and I responded with the wrong answer. He was referring to my record label contract. I’ve already reached an agreement with Mercury Records that gave me what I wanted ultimately, which was my freedom. I just wanted the ability to go, and they gave that to me. They also gave me the ability to come back, if I decided I wanted to come back. To me, that looks a lot like a revolving door, and that’s what I wanted. But most importantly, I wanted to be able to leave. If I can’t leave, then what’s the point in coming back? My appreciation to Mike Dungan [UMG Nashville Chairman/CEO] and the whole team at Mercury Records for allowing me that ability to come back after I leave. They could’ve slammed the door and locked it and said, ‘Man, enough.'”
Jamey Johnson’s publisher is EMI Music Publishing in Nashville. Johnson was signed by music publisher Gary Overton after being introduced by producer and songwriter Buddy Cannon in the early 00’s. Johnson rose through the ranks of country music first as a songwriter, penning the big hit “Honky Tonk Badonkadonk” that put him on the map in 2005. Also in 2005, he singed a recording contract with BNA with the help of Buddy Cannon and Gary Overton, but was later dropped when his album The Dollar performed poorly. Eventually Johnson moved on to Mercury.
The news explains beyond Johnson’s sincere love for Hank Cochran why his last album was a tribute to the late songwriter, and not an album of original material. Jamey didn’t have a problem delivering a new album to Mercury, he had a problem publishing new music through EMI under the same unfavorable conditions.
While we still don’t know the specifics of what is causing the contract dispute between Jamey Johnson and EMI Music Publishing, we finally know who specifically is on the other end of the conflict. Jamey Johnson may have been coy this whole time about who was to blame because he didn’t want to bad mouth his publisher publicly, or speaking out against the publisher directly may put him in violation of his contract, or may hurt his chances of receiving a fair solution through the legal process. Johnson could be tongue tied, whether legally or self-imposed.
Whether Jamey Johnson is able to speak or not, his fans still can. And many are—frustrated that one of their favorite artists is being robbed of some of his most productive years, and is not being fairly compensated for his songwriting work.
July 10, 2014 @ 7:24 pm
serious question…can’t this dude just start a band and name it something other then Jamey Johnson and move with his career?
July 10, 2014 @ 8:04 pm
This is a good question.
Though this has worked in the past for some artists, modern safeguards on contracts to shield labels and publishers from this very thing make it difficult to impossible.
This situation reminds me of what happened to The Everly Brothers.
https://savingcountrymusic.com/how-music-row-acuff-rose-killed-the-everly-brothers
“Everly Brothers wanted to record songs that didn”™t fall under Acuff-Rose publishing. Wesley Rose adamantly refused, so The Everly Brothers dropped him as their manager. At the time, Acuff-Rose had a virtual monopoly on all the best songs and songwriters in the music business, especially for the type of music The Everly Brothers played. The duo”™s access to the Acuff-Rose catalog is one of the reasons they were so commercially successful, and the falling out with Wesley Rose meant they no longer had access to ”˜A”™ list song material.
But both Don and Phil Everly were songwriters as well, and wrote many of their own songs. However in a strange twist of fate only fit for Music Row, because the brothers were still signed to Acuff-Rose as songwriters, the falling out with Wesley Rose meant that the brothers lost access to their own material as well, and any material they may write in the future. Though The Everly Brothers as performers were free to do what they wanted, Don and Phil Everly as songwriters were still under the thumb of Acuff-Rose. A publishing house that had been set up to protect songwriters, like many of Music Row”™s institutions, had become corrupted from money and music business politics.
So The Everly Brothers tried to implement a work around. They began recording cover songs, and started writing under a collective pseudonym of “Jimmy Howard.” However when Acuff-Rose sniffed out what was happening, the publishing house brought legal action against the brothers and obtained the rights to those songs as well. Between 1961 and 1964, one of American music”™s most brilliant and popular bands was resigned to singing cover material, and their popularity plummeted. The brothers tried to set up their own record label, Calliope Records, to record solo projects under. Once again Don set up under a pseudonym, “Adrian Kimberly,” while Phil started a group called the Keestone Family Singers with powerhouses Glen Campbell and Carole King. But both projects were unsuccessful, and Calliope Records was shuttered by the end of 1962.”
July 11, 2014 @ 2:02 pm
That’s… Seriously messed up. *snarls*
July 10, 2014 @ 7:24 pm
All I can say is that I’m a big Jamie Johnson fan and this is a damn shame.
July 10, 2014 @ 8:06 pm
I think it’s time for someone to flip a table.
July 10, 2014 @ 9:20 pm
So if someone was wanting to start flipping tables…they might start here.
http://www.emimusicpub.com/global-offices/usa/contact.php
July 11, 2014 @ 1:53 am
I talked to Jamey for a few seconds at a meet and greet on Wednesday at the Full Moon Full Life Benefit Concert in Nashville (it was a fantastic show, full of great music). I told Jamey I hoped he got his stuff taken care of soon because we all missed hearing new music from him and he just smiled and said “when it comes to that stuff, I take advice from Keith Whitley: You say it vest when you say nothing at all”. I couldn’t help but smile at that. He is one cool customer even in this bad situation.
July 11, 2014 @ 1:54 am
I talked to Jamey for a few seconds at a meet and greet on Wednesday at the Full Moon Full Life Benefit Concert in Nashville (it was a fantastic show, full of great music). I told Jamey I hoped he got this stuff taken care of soon because we all missed hearing new music from him and he just smiled and said “when it comes to that stuff, I take advice from Keith Whitley: You say it best when you say nothing at all”. I couldn’t help but smile at that. He is one cool customer even in this bad situation.
July 11, 2014 @ 5:11 am
Couldn’t help but think of this…
http://www.youtube.com/watch?v=kjbie1O1jxc&feature=kp
July 11, 2014 @ 12:06 pm
I’m in no way an advocate of conspiracy theories, but could this have been an intentional move on the part of his publishers to stop his output? After all, he had a huge impact on the modern country scene back in 2008, even if it was ultimately short-lived. Perhaps sensing this the publisher put a hold on Johnson’s pay, knowing how he would react and then going more pop with the other artists? I don’t know. It just seems really suspicious that the one artist aside from George Strait that was championing straight-up no-holds-barred country music in the mainstream has been M.I.A. for four years. But then again, he made everyone money at the time. Intentional? I must be crazy.
July 11, 2014 @ 2:51 pm
Hi, Trigger. I think you may be right about some of Jamey’s disappointment from his earnings coming from both publishing and record deal agreements, but at the end of the day, it’s the artist’s responsibility to learn what these agreements mean for their careers and future earnings before signing.
Anyone who has been in town long enough to have any form of success knows the sting of regret, relationships splintered, and the pain of misunderstandings when things aren’t as we think they are or should be.
On the other hand, it’s not fair to our business people that we place all the blame squarely upon them for our failings. There are always many factors, and it’s easy for both sides to lay blame.
I love Jamey as much as the next gal, but as is the case with so many creative people, he’s his own worst enemy. Gary Overton isn’t robbing him of anything anymore than anyone else is. Gary has been a friend and mentor to many songwriters in Nashville, and continues to support writers in this role at Sony. Blaming his is just not right. If anybody’s to blame, it’s Jamey. And deep down, he knows it.
Love & Light,
Amanda
July 11, 2014 @ 3:14 pm
Hey Amanda,
First off, nobody is blaming Gary Overton directly at the moment, at least not that I know of. I think we still need to delve more into this situation to understand exactly what’s going on.
However, I disagree with this notion that Jamey is to blame because he signed a contract and he should have known what he was getting into. Artists make horrible businessmen, and even worse lawyers, and the business types on Music Row taking advantage of starry-eyed artists who show up in town is as old as the genre. Contracts are purposely written to trip up lay people, and musicians are predisposed to be even more trusting. Saying “It happens all the time” doesn’t justify the behavior, it spells out how widespread it is. Sure, he should have at least consulted with an attorney or reputable manager to make sure he knew what he was getting into before he signed any contract. Whether that happened or not, I don’t know. But regardless of what the contract says, if he is not being compensated equitably, then it is unfair, regardless of the letter of the law. Now maybe he is and he just wants a bigger piece of the pie. I really have no idea. But I think fans have a right to know why the output of an artist has come to a screeching halt, and I aim to find those answers. If it’s because Jamey is being self-destructive and greedy, then fine. Or if it’s because he signed a contract that compared with the rest of his peers or the industry is inequitable for the services he’s rendered, then he has every right to put his foot down and demand a change.
As I once heard Scott Borchetta say, it’s called the “music business”, and there’s a reason “music” and not “business” comes first.
July 11, 2014 @ 3:27 pm
You’re preaching to the choir here, Trigger. I am a huge advocate for fair and equitable treatment, but as an artist-businessperson myself, I absolutely understand the excuse that artists “can’t” be business people. It’s an excuse and nothing more. We have all bought into it in certain ways.
I’m guilty of blaming others for bad business dealings in the past – the jolly handshake at the beginning of a relationship that goes so sour it makes you want to spit on the ground every time you think about it.
The bottom line is that there are plenty of resources available (for free) for artists and songwriters to help them understand terms and conditions of deals. And in fact, not hiring a lawyer when entering into an agreement can sometimes be grounds for dissolving it.
I’m not trying to be mean to Jamey or any other artist who has had troubles. It’s a bad bad feeling, and a terrible place to be creatively.
Thanks for writing about this, Trigger.
July 11, 2014 @ 4:54 pm
So basically he isn’t writing because he isn’t/wasn’t getting paid. You would have to think by this point he would be writing just for the love of the music and the craft of songwriting? Yet he seems to not be, which I don’t understand. Lots of musicians play music and don’t get paid. Its gotta be for the love or you just end up selling your soul for the almighty dollar and put out a tailgate song
July 11, 2014 @ 5:50 pm
when he said that he wasn’t writing he ment for a new album. you don’t pull songs like “Honkey Tonk Badonkadonk” out of your ass. that shit is artwork. you take your time on things you wanna get right.
July 11, 2014 @ 7:11 pm
I’m sure Jamey is writing. He’s just not telling us (or anybody else) that he is.
We don’t know what’s in the publishing contract. If he publically states, “Yeah, I’m writing and new stuff will be out when this publishing deal is settled.”, maybe the contract stipulates ANY material he writes during the time he is under such contract is subject to that contract.
Therefore, if they come to new terms (or not), any stuff he’s been quiet about he can present to them (or whom ever) with the new terms.
So, he said it himself, “You say it best when you say nothing at all.”
And Luchbox, I’m sure a few people would disagree with your analysis of Honky Tonk Badonkadonk being a work of art. That and it has been reported the song took an hour to write. Unless you were just being facetious.
July 12, 2014 @ 11:01 am
yeah, i was just funnin’..
August 21, 2014 @ 12:09 pm
Well, if he truly is not writing then your comment carries a lot of weight. However, I am inclined to believe he never stopped writing. If he has in actuality stopped writing, then that would be dissappointing.
July 11, 2014 @ 9:01 pm
We’d all be a fool to think that Jamey isn’t writing anything. I understand 100% why he isn’t publishing anything though. Would be great if he spoke out against emi and warned others against falling in the same trap he did…. BTW, I saw Jamey, Shooter, Jessie, that guy that sings the donkey song, and others the other night in Nashville do a show of nothing but Waylon and Hank Cocran covers. It was great, but last two times I’ve seen Jamey in Nashville, there, and at Ryman, he hasn’t played a single song of his own.
July 11, 2014 @ 9:20 pm
#edit#
Come to think of it, I’ve seen him 4 times in Nashville, and only once has he played any of his songs. That was when he opened for Kid Rock, and it was a short set, probably 30 minutes. I’m a huge fan, but maybe its something with Nashville that scares him from playing his own stuff. Maybe I should try and catch him next time he plays Huntsville or anywhere northern Alabama and see if I get to see a real JJ show.
July 13, 2014 @ 12:33 am
WELL done Jamey, WELL DONE!…NO LONGER in the “HATE CLUB”! “kudos” to artistic interpretation!
http://youtu.be/fo_szHx1_no
Ranking Mainstream Country Music Artists: Grade A | Country Perspective
November 19, 2014 @ 4:22 pm
[…] a bro country artist. Well to those people: IÂ didn’t know either until recently. Thanks to some digging by Trigger at Saving Country Music, he found out Johnson was having troubles with his publisher. Then out of nowhere Johnson put a […]
December 26, 2014 @ 3:30 am
All You Need to Know About the Music Business
by Donald S. Passman
if you are curious or want to be involved in getting paid for performing in any way and covering your backside, the guy that wrote it is an entertainment lawyer… he updates it every few years as things change, legally and technologically.
Generally tho’, if you sign a publishing contract the publisher gets all rights(whatever was agreed to) to publish your your songs that you write during the course of the agreement.
Last I heard it was about 50%… unless you were a big established artist – then you might could get a bigger slice… depends on your negotiating team. Folks like Hank Jr. have their publishing imprint, managed by a publisher… they get a bigger cut, they get an established catalog.
Royalties come from other people performing your song live, on recordings… or from mechanical royalties, juke boxes, streaming, radio play, etc.. It’s a whole sordid labyrinth system.
-W