Read About The "Loving Concern"
BMI Has For It's Members.
The following is an excerpt from my book, Just for the Record, titled, "BMI…on Second Thought."
This story deals with the way I was unceremoniously kicked out of BMI, overnight, because of a false newspaper ad that was placed in an Ohio newspaper, by a competitor of mine. At this writing, he is shoveling coal in the afterlife.
If BMI is so caring and so concerned with their members, how in the world could they ever allow this to happen. Read on, you'll find just how loving, caring and sensitive the folks at BMI really are.
BMI - "On Second Thought"
Before we get into the meat of this chapter - and, believe me, it is meaty, I want to assure you that my only intention is to inform you of events which took place commencing October 21, 1976. Instead of succumbing to my usual urge to editorialize, I will present only the facts and substantiate each one with the documentation you will find in this chapter. I'm not trying to injure or damage the reputation of BMI. There is positively no malicious intent on my part.
This is a chapter I had decided not to include in the book, but then that wouldn't have been fair. Not only would I have been untrue to myself, I would also have been withholding vital information from you. After all, you re at a point where you are deciding among ASCAP, BMI, AND SESAC. Therefore, it is very important that I present you the facts as they actually happened regarding my dismissal from BMI as publisher and a writer.
A few months prior to October 21, 1976, I was fortunate enough to have a single record on the national pop and country charts and it was doing quite well. Coincidentally, at about this time, my contract as a writer and publisher with BMI was about to expire. I was asked by BMI to re-sign with them for my publishing and writing affiliation - which I happily did. In addition to the contracts BMI sent for me to sign, there were a couple of nice fat checks for my writer and publisher shares. All was well.
I had been with BMI for 18 years. Not only was I an active publisher and writer, I was also continually championing their cause in the Midwest and had been doing so since 1963. It wasn't as if I was just another uninterested writer and publisher. I had such respect for the organization and such a feeling for its services, that I extolled its virtues in the classroom at the University of Cincinnati where I taught and in seminars and lectures.
During the 18 years prior to October 21, 1976, I had had a fine relationship with BMI. I had never been called on the carpet for violating any rules - because, in fact, I hadn't done so.
Now let me clarify one thing at this point. I am not some big hot-shot music publisher who makes a ton of money every year, nor am I one of the top writers in America. But in spite of the fact that I didn't deal with mega bucks, I still made enough money from my publishing and writing interests to make it interesting. And in some cases very interesting. And on certain quarterly pay periods, very, very interesting. Had I not been beaten by the courts by my gospel gangbangers, it would have been very, very, very, very, very, interesting.
Before we start recounting the tragic events (tragic in my wallet and sense of well-being) that took place on October 21, 1976, let me state that in the previous couple of years I had had several legal encounters with a gentleman who ran a custom recording company and who had managed by one way or another to continually draw me into the courts and harass me. In addition to this, I was also named as one of the larger creditors in his second bankruptcy. And being the stubborn Dutchman I am, I engaged the services of my personal attorney, spent my own hard-earned dollars, and fought to put this gentleman out of business permanently in the Ohio area. While the lax bankruptcy court felt that this medicine was a little too strong to administer, they did, however, demand, because of my personal efforts, that the individual come up with $22,500 to pay all of the creditors 10 cents on the dollars or else they would close him down for good. He found the money, which no doubt angered him greatly, and he decided that he would seek revenge against the one person who brought all this to a head. Me!
Our story begins: it was a lovely fall morning, and I was looking forward to getting the mail, as I do every morning at 8:30 at the Cheviot Post Office. On this particular morning, I was asked to sign a return receipt for a registered letter from BMI. I happily did so, thinking that the amount of the check inside was so enormous that they wanted confirmation that it got to me. I grabbed all the mail with the BMI letter on top and hurried across the street to my automobile. My curiosity getting the best of me, I ripped on the BMI envelope only to receive one of the worst shocks I have ever had. I had been kicked out of BMI.
The letter said I was a song shark and my termination would become effective December 31, 1976. It simply wasn't true. The letter was signed by senior vice-president, Theodora Zavin. At the risk of overdramatizing the situation, I must report that I was sick to my stomach. I sat in the car trembling, not knowing why I was booted out of BMI, when just few weeks earlier they had asked to me re-sign for another five years and had given me healthy writer and publisher bonuses. This didn't make sense.
Gentlemen:
We have been presented with certain materials which document the fact that you have been engaging actively in the business of accepting manuscripts from composers in consideration of payments made by such composers for arranging, promoting and recording of such manuscripts.
Accordingly, pursuant to Paragraph "Fifteenth" of our agreement dated August 11, 1976, the undersigned hereby exercises its option to cancel and terminate said agreement; such termination to become effective December 31, 1976.
We would further point out to you that after the effective date of termination of our agreement, you no longer retain the right to use the BMI name on your letterhead or in connection with any of your business activities.
Very truly yours,
Theodora Zavin
Senior Vice-President
I immediately drove to the studio, and waited, my gut wrenching all the time, until 9 o'clock when the BMI office in New York opens. Then I called, hoping to quickly resolve this situation. My call was greeted by a very curt operator who informed me that the person I wanted to talk to was Elizabeth Granville, the executive director of publisher administration. However, she was out of town, I was told, and would not return until Monday. I would have to call back then. It was one of the worse weekends I have ever spent. I couldn't sleep. The anxiety had me completely unnerved the entire weekend, not knowing if I would actually be kicked out, reinstated, why I was being kicked out, or what kind of reception I would get when I called Monday morning. When the weekend was finally over, I sat, just fighting the clock, waiting to talk to Elizabeth Granville.
I had convinced myself that she would be a sympathetic, caring individual who would listen to my problem and from a purely objective standpoint give me whatever information I needed about why this action had been taken. Promptly at 9, I called the offices of BMI, asked for Elizabeth Granville, and heaved a sigh of relief when her secretary answered. Granville came to the phone, and already I felt much better, knowing that there was somebody with an open mind who would listen to my problem. As soon as I mentioned my name and that I was with Counterpart Music, Granville said, "Oh, yes, you're the song shark in Cincinnati." I said, Now wait a minute, ma'am. I'm not a song shark. I'm calling to find out why, after 18 years, you have seen fit to kick me out." She replied, "You're a song shark, and you know it. Don't try to kid me. We've got proof. We have all the evidence we need, and there's no way you can refute it. You are a song shark, and you are through with BMI." I asked her if she would be kind enough to tell me what evidence she had, and she said, "No, that's our business."
I then told her I thought it was unfair to kick somebody out after 18 years of dedication to the cause without at least giving them a reason. Again, I was told that it was not my business and that the information I wanted was confidential. All my begging and pleading on the telephone elicited nothing but rude and curt replies. As the conversation went on, it became clear that it was absolutely futile of me to expect a kind word out of Elizabeth Granville. She was positively rude, arrogant and totally uncooperative.
I hung up in utter despair and called my attorney - the ordinary kind, the kind that is not rich. I told him of my plight. He asked me to call and ask for the president of BMI, Edward Cramer. I called again and asked for Cramer but they refused to let me speak with him. I called again, three or four days later, and asked to speak to Granville. She came to the phone, and I again presented my case - and she again called me a song shark and accused me of knowing why I had been kicked out of BMI. I pleaded with her until I realized again it was futile. I called my attorney again. He suggested a wait of a few days and another call. Again I called BMI and asked for Elizabeth Granville. This time I all but bared my soul to the woman and told her that out of common decency she should at least let me see the information that she had which indicated that I was a song shark. After another thoroughly rude go-around, she promised to send the information which, in her words, "is clear evidence that you are a song shark." I told her that upon receipt of same, I would be getting back to her to vindicate myself.
Several days went by and I received a copy of an ad (shown below) from Elizabeth Granville. No letter, no nothing. Just a folded copy of an ad which appeared in the miscellaneous section of a newspaper. On top of the ad was the typed comment, "Is this studio in Cincinnati, Ohio, allowed to do this? Sounds like a rip-off." I had never seen the ad before. I certainly did not place the ad. This was the first time that I had come in contact with it.
Feeling very good about the fact, I again called Granville and told her I was very pleased she had sent me the documentation, and I assured her that I had never seen it. To this she replied, "Who do you think you're kidding? You're a song shark and you know it. You placed the ad and you know it. And I don't believe anything you're saying." I asked her what newspaper this ad appeared in. "How do I know?" she said. "It was sent anonymously." Again we went around and around, and again she was even more rude than on the previous calls. Finally, I hung up in desperation.
Not knowing what else to do, I called my attorney. He expressed absolute disbelief that they wouldn't even listen to my story. He suggested that I call the president again. Again they refused to let me talk to him. In all, I left at least six different messages for him to return my calls and he never did.
Again, I called Granville and asked if I could prove to her conclusively that I had not put the ad in the newspaper, would she reinstate me? "It is possible," she replied. I forgot about her for the moment and set about looking for the culprit who had put the ad in the paper. I had to find out first which paper it had appeared in. I found no clues whatever from the ad itself, or from any of the other ads next to it, so I called Granville and asked her if she would send me a copy of the back of the newspaper ad. Several days later, without any accompanying correspondence, a copy of the back of the ad arrived. It was a sight for sore eyes - mine. On the back of the ad was an item about the city of Ashtabula bidding on International Harvester models for their waste removal department. That told me what I wanted to know. Hoping that my hunch was correct, I quickly called the long distance operator, got the area code for Ashtabula, and dialed the area code plus the number that appeared in the ad directly below the advertising for my publishing services. After a couple of rings a pleasant voice said, "Good morning. Check Bookkeeping and Tax Service. May I help you?" I asked her what newspaper she advertised in. Not only did she give me the name of the newspaper, the Ashtabula Star Beacon, she also gave me the telephone number. I called and talked to a kindly gentleman named Joe Lamm and later to a Mr. Mason who, after hearing my problem, indicated they would do everything in their power to trace the ad back to the person who paid for it.
After a search, I was notified that evidently the ad was placed "a long time ago" and that it would be necessary for them to bring in a couple of people to scan the back issues until they found the ad. I told them to go ahead and that I would pay any amount necessary. Several days later, I was notified that the ad had appeared on page 36 of the Friday, December 26, 1975 issue.
In addition to supplying me with this helpful information, Lamm and Mason also supplied me with a copy of the receipt for the ad, signed by a Barbara Boyer in the amount of $14.45. This was my first clue as to who the culprit might be. It struck me as a little more than coincidental that on December 21, 1975, a George William Stith, doing business as the American Mutual Group of Recording Companies, Inc., had filed a nuisance suit against me for $125,000. I might add that it was thrown out of court. I was ecstatically happy to know that I was on the right track, so I again called Elizabeth Granville and told her the good news - only to be greeted by the same rudeness she had displayed in the past.
It wasn't good enough. "How do I know you're not lying?" she asked. I then told her I would send her a copy of the receipt signed by Barbara Boyer. She said, "How do I know that's not a friend of yours who placed the ad for you?" Realizing that the conversation was fruitless, I hung up. On the advice of my attorney, I called the Wackenhut Detective Agency and engaged their services. Two special investigators came out to see me, and I gave them all the information. They assured me that if it was possible to find the culprit they would do so. At this point, I didn't think it would be that difficult because I thought I knew who the culprit was. George William Stith, dba the American Mutual Group of Recording Companies, Inc., was the same gentleman who at that time had two federal bankruptcy cases in progress - one in the south for close to a quarter of a million dollars and another in Cincinnati for about the same amount. And I was one of the leading creditors. Armed with all the necessary information, my friends from the detective agency, Steve Wilder and William Dolon, set about to nail the offender. They did a thorough search of all the motel registers in the Ashtabula area to find out if a Mr. Stith or his wife was registered on the date the ad was placed. This was to no avail. They then posed as typewriter salesmen who were taking a special survey and popped in on George William Stith at his plush office in downtown Cincinnati and asked him if they could see his typewriters. He answered their "survey"; and while one agent kept him busy, the other made samples of all the typewriters in his office, using the same sentence that was typed above the ad which had been sent to BMI: "Is this studio in Cincinnati, Ohio, allowed to do this? Sounds like a rip-off." These samples were then sent to a crime laboratory in Washington, D.C., where one of the finest typewriter and handwriting analysts in the country made various tests against the samples I had kept from previous correspondence from Mr. Stith. The results from the lab were positive. The typing had been done on the same machine which had been used for Stith's earlier correspondence with me.
The investigators continued to gather all the evidence they could so that we would have a very strong case. In the meantime, I called Granville at BMI to inform her that we were well on the way to proving my innocence. "You're a song shark," she responded, "and you know it. I won't believe it until I see it." This conversation prompted the letter from her which is printed below. (Notice the bold type paragraph in which she again accuses me of placing the ad in the newspaper.
Dear Shad O'Shea:
In the course of our telephone conversations, I described to you what practices are outlawed by PARAGRAPH FIFTEENTH of BMI's publisher agreement:
- A publisher cannot ask for or accept payment from writers for setting their lyrics to music or their music to lyrics.
- He cannot accept payment from the writers for performing the general publisher functions: examining, reviewing, arranging, promoting or recording.
- He cannot permit the use of his name or his affiliation with BMI to be used by people or organizations who engage in either of the above-described activities nor can he submit to BMI works which he has received as a result of these activities. There are other activities that are interdicted by Sub-Paragraph B of Paragraph Fifteenth. The final paragraph advised the publisher what BMI's options are should there be a violation of the agreement.
As you know, the reason that your publisher contract was cancelled was due to the ad in the name of your publishing company (a copy of which I have already sent to you). That ad - which you told me you did not secure and were not aware of - used your name and your BMI affiliation of Paragraph Fifteenth. We have discussed that you cannot charge a responsibility of a publisher to bear the cost of exploitation. In the course of our discussion you indicated that you would no longer publish these songs which you had previously published as a courtesy after having recorded them and charged the writer for recording costs.
If after reading this letter you understand the provisions of the BMI contract as they relate to you as a publisher and a person with interest in a recording company, please sign the enclosed letter in the appropriate place and return to me.
As we discussed, I have held in abeyance the final processing of the termination of the contract. I await your reply.
Sincerely,
Elizabeth Granville
It took several weeks of work by agents Wilder and Dolan to gather all the necessary information so that my attorney could confront Mr. Stith with a letter that would bring him to his knees. During the next few months that followed, I continued to have regular conversations with Granville, and she continued to hold to her original accusation that I was a song shark. I continued to ask to talk to Mr. Cramer, and he continued to refuse to talk to me.
The following is another letter from Elizabeth Granville which acknowledges receipt of information I sent to her.
Dear Mr. Shad O'Shea:
This will acknowledge receipt of your recent mailings. I have not yet received a countersigned copy of my letter to you dated November, 12, 1976 which indicated the terms of the BMI publisher agreement.
When I receive that countersigned letter I will rescind the notice of termination you received previously.
Sincerely,
Elizabeth Granville
I wrote the following letter to Granville on December 23, 1976, letting her know of our progress. Copies of all correspondence went to Edward Cramer. I never heard from him.
Dear Ms. Granville,
For your information I am proceeding in a most satisfactory manner and will shortly, with documentation, prove to BMI beyond any reasonable doubt that the ad which appeared in the Astabula Star Beacon was placed without my knowledge, and was done so in a malicious effort to malign my association with BMI.
In your letter dated 12/13/76, you informed me that you will rescind the notice of my termination as a publisher with BMI after I sign a letter dated 11/12/76 from your office. I feel that by signing this letter I am admitting to acts which I have not committed which are in direct violation of BMI. Instead I enclose with this letter a legal affidavit notarized by my attorney which clearly states that I have not nor ever will engage in the practice of songsharking.
It is unthinkable that BMI, such a respected giant in the industry, would terminate an 18-year publisher affiliation on the grounds of an anonymously sent ad which appeared in an unidentified newspaper. I am still shocked that I wasn't given the courtesy of a simple letter or phone call. Terminating me as a publisher without that courtesy will have cost me at least $2,000 in professional services, untold hours of time and great damage to my reputation, not to mention much anxiety and many sleepless nights.
The way BMI handled my situation was with extremely poor logic. There is no way in the world I can control the acts of over two hundred million people in the U.S. and in no way can I be responsible for the acts of third parties. I have received no benefit from the ad and to the contrary it has been a costly and time-consuming experience. It has adversely affected what was an excellent relationship between BMI and me.
Your actions appear to be a reversal of my constitutional rights which guarantee that a person is innocent until proven guilty. This matter had demonstrated that with BMI I am guilty until proven innocent.
I request immediate reinstatement as a publisher with BMI, and I wish my records transferred to the Nashville office. I know this is an unusual request, but I do business in Nashville on a very frequent basis.
I started my association with BMI as a writer and publisher in Nashville and I have always been treated with respect and courtesy.
I await your reply.
Sincerely,
Shad O'Shea
A week after Christmas, my attorney suggested that I sign an oath that I had no knowledge whatever of the ad that appeared in the Ashtabula Star Beacon, that I was not a song shark, and that I had never put the ad in the paper.
I signed an oath testifying that I was innocent. This was sent to Elizabeth Granville by my attorney, but she refused to accept the information as proof. I called her again. She asked me to sign an admission of guilt and said that if I did admit to being a song shark, she would let me off the hook, reinstate me as a publisher, and put me on probation. This is my letter of January 20, 1977, to Elizabeth Granville in reply to that telephone conversation.
Dear Ms. Granville,
It is obvious that you do not believe my affidavit or anything I have told you in the past relating to the ad which appeared in the Ashtabula paper, and which consequently resulted in the totally unfair and careless violation of my rights by BMI.
You are asking me to admit to songsharking. If I do not admit, then I lose all royalties which are or will be accrued as the result of eighteen years of work and dedication.
Against my better judgment, but because of the responsibility to my family and business, I am signing your letter because if I do not you will retain all royalties and deem my entire catalog of published works as useless and without value.
Enclosed find my signature on your letter. I expect immediate reinstatement and royalties as a publisher and writer promptly paid when they are due.
Elizabeth, I take issue concerning the use of the BMI logo. I challenge you to show me where I have ever used your BMI logo in connection with my recording activities. In fact, in eighteen years, I HAVE NEVER USED THE BMI LOGO.
Sincerely,
Shad O'Shea
As you can see, dear friend, I buckled under to the system and asked to be let back into BMI. The following is a letter I wrote to Granville on February 1, 1997, advising her that we were filing a suit in Cincinnati Common Pleas Court against George William Stith and telling her she would receive copies of that suit within a few days.
Dear Ms. Granville,
Thank you for your acknowledgement of my recent correspondence.
This has been quite an ordeal for me, especially in light of the fact that you still refuse to acknowledge my innocence. However, this day I have filed suit in the Cincinnati Common Pleas Court against Mr. William Stith. Our investigation is complete and we have amassed enough evidence to warrant a civil suit and to prove my innocence. You will be furnished a copy of the suit within a few days.
I would appreciate from you the following information by special delivery mail. Please answer the following questions:
- During the course of my suspension from BMI have any writer or publisher royalties been withheld?
- If the answer to the above is yes, what is the amount withheld?
- Was there any publication whatever to the industry or through BMI licensees that I had been terminated as a publisher? If so, please explain.
Thanking you in advance for your speedy cooperation.
Cordially,
Shad O'Shea
In addition to the letter of February 1, I sent her a copy of all the expenses involved in trying to track down my adversary. This too fell on deaf ears. Two weeks passed, during which time agents Wilder and Dolon put together a most interesting bit of evidence which, through my attorney, Pete Rebold, we used in the form of a letter dated February 18, to confront Stith.
Dear Mr. Stith:
On December 26, 1975, an ad appeared in the Ashtabula Star Beacon with the following text:
SONGWRITERS
Counterpart Music, B.M.I.
will record your songs for
a small fee. Call 661-8810
On October 21, 1976, my client, Howard N. Lovdal, pka Shad O'Shea was terminated as a B.M.I. publisher after 18 years of successful affiliation with B.M.I. This termination rendered Shad O'Shea's publishing catalog of over 1400 songs worthless. Further, the termination prevented Mr. O'Shea from actively engaging in the music publishing business. The termination caused my client inestimable pecuniary loss. Copy of the termination notice from B.M.I. is enclosed as Exhibit "A".
For three weeks my client suffered extreme anguish as he had no idea why B.M.I. would have terminated his contract. Finally, with the assistance of counsel, B.M.I. was persuaded to forward to my client copies of the documents, damaging to him, which they had received which caused his termination. A copy of the Ashtabula Star Beacon ad is enclosed as Exhibit "B". A copy of the envelope in which the ad arrived at B.M.I.'s offices is also enclosed as Exhibit "C".
Upon receipt of the fraudulent and libelous documents upon which B.M.I. had based its termination, my client engaged the services of the Wackenhut Investigative Corporation. They were directed by my client to make a full investigation to determine who had placed the fraudulent and libelous ad in the Ashtabula Star Beacon.
Agents Steve Wilder and William L. Dolon were assigned by the Wackenhut Corporation to the case. A thorough and intensive investigation by these agents lasting over six weeks uncovered the following evidence which points to G. William Stith as the individual responsible for causing the fraudulent and libelous ad to be placed.
The records of the Ashtabula Star Beacon show that the advertisement appeared in the classified section of Ashtabula Star Beacon, Ashtabula, Ohio, on Friday, December 26, 1975. The ad was placed on December 24, 1975, by a female Caucasian who gave her name as "Barbara Boyer." Donald Lamb, the advertising manager of the newspaper, confirms that the employee can make positive identification of "Barbara Boyer."
Interestingly, this ad appeared in Ashtabula the same day that you filed suit against my client for $125,000. The anonymous letter to B.M.I., which called attention to the ad, was mailed from a Cincinnati postal station on the 14th day of October, 1976. This is nine months and nineteen days after the ad appeared in a small town newspaper in Ashtabula, 300 miles from Cincinnati. These facts would support a finding of malicious intent to injure the business reputation of my client by a Court of Law.
Also note that the ad makes no mention of Cincinnati, and though my client's office telephone is listed, no area code is given to indicate that the number is anything but an Ashtabula number. Yet, the typewritten comment on the document received by B.M.I. notes that the studio is located in Cincinnati, Ohio.
The envelope in which the document came to B.M.I. was postmarked from Cincinnati, Ohio 45202, which would indicate that the letter was mailed from a downtown Cincinnati location. Also, the letter was addressed to the attention of Ms. Theodora Zabin. These facts indicate that the author of the letter is from a downtown Cincinnati location and is also familiar with the music publishing business.
The investigators forwarded to Mr. Roy Jepson, of Washington, D.C. the document and envelope received by B.M.I. Mr. Jepson operates a crime laboratory and is an expect in document and handwriting comparison. He frequently testifies before various federal and state courts on behalf of the prosecution.
Mr. Jepson's investigation showed that the anonymous letter and envelope were typed on an IBM machine with elite type. Mr. O'Shea's files were then reviewed to discover any documents in his possession which might have been typed on the same machine. Samples of various documents were forwarded to Washington, D.C., and I am advised that Mr. Jepson's comparison showed that the anonymous letter received by B.M.I. and contracts which were typed in your office, now in Mr. O'Shea's possession, were typed on the same machine.
This bit of business espionage perpetrated upon my client in which every shred of evidence points to you as the perpetrator has caused my client irreparable harm to his business reputation and to his income. It has further prevented my client from actively engaging in the publishing business, which was until the time of his termination, a large source of his family income. In addition to the damage to his business reputation, and the large loss of income, Mr. O'Shea has expended $1,575.75 to determine who placed the fraudulent and libelous ad. All of these facts would support two causes of action, libel and interference with contract. All of the evidence points to you as the person causing the damage.
My client wants to begin litigation. I am sure that you regret your actions. I don't feel that it would be rewarding for my client to engage in lengthy and costly litigation. I am sure that you feel the same way. Please call me in the next few days to discuss this situation. If I do not hear from you we will have to take further action.
Sincerely yours,
CARROLL, BUNKE, HENKEL, HAVERKAMP & SMITH
Immediately upon receipt of our letter to Stith, his attorney, Mark Painter, called to ask if we could make a deal. He mentioned that his client was certainly innocent of all of our charges but that he would be very pleased to present us with a check immediately in the amount of $1,575.75 for all of my trouble. I found it rather interesting that an innocent man would come forward with his checkbook in hand to pay for all of my expenses under these circumstances.
Now, dear reader, let's stop for just a moment and consider that this gentleman, George William Stith, is my great adversary. He has hauled me in and out of courts, caused me much grief and great embarrassment, and now on the other end of the line Mr. Stith is asking me to let him off the hook by writing me a check for $1,575.75. This is a cheap price to pay to fend off a potentially large lawsuit. What shall I do? It's time to sit and ponder.
I let George William Stith off the hook. My main concern was to get back into BMI and to prove my innocence to Elizabeth Granville and, possibly, know the indescribable ecstasy of having a personal call from Edward Cramer.
The following is a copy of the release by his attorney, Mark Painter.
RELEASE
For the consideration of $1,575.75, receipt of which is hereby acknowledged. However N. Lovdal, aka Shad O'Shea, with the intention of binding himself, his successors and assigns, and acting for himself individually and as President of and on behalf of Counterpart Music, does hereby expressly release and discharge G. William Stith and the American Mutual Group of Recording Companies, Inc., and any of its agents or employees, from the claim, demand, or action which the undersigned has or claims to have against G. William Stith, and the American Mutual Group of Recording Companies, Inc., or any of its agents or employees, arising out of a certain advertisement placed in the Ashtabula Star Beacon which ad appeared December 26, 1975, with the following text:
SONGWRITERS
Counterpart Music, B.M.I.
will record your songs
for a small fee. Call 661-8810
All liability for which is hereby denied by G. William Stith and American Mutual Group of Recording Companies, Inc. together with any other claims or demands the undersigned may have or claim to have involving G. William Stith and American Mutual Group of Recording Companies, Inc. and the expulsion of the undersigned from BMI.
I, the undersigned, have read this release and understand all its terms. I execute it voluntarily and with full knowledge of its significant and expressly warrant that I am authorized to execute this release on behalf of Counterpart Music.
Dated this _____ day of March, 1977.
________________________
WITNESS
________________________
HOWARD N. LOVDAL, aka SHAD O'SHEA
________________________
COUNTERPART MUSIC
________________________
Proprietor, Howard N. Lovdal
On February 18, the day we had amassed all of the evidence against Stith, I wrote another letter to Elizabeth Granville which is self-explanatory.
Dear Ms. Granville,
I am in receipt of your letter dated 2/15/77. I find it difficult to believe that the purpose of BMI is to help their publisher affiliates and writers, especially after you have shown a complete lack of cooperation in aiding me to track down the individual who placed a false ad in the Ashtabula Star Beacon, which resulted in my termination as a BMI publisher after 18 years.
In previous conversations, you promised me that you would save whatever information you had relative to this false ad. You now inform me that the envelope from Mr. Stith's office, which we desperately need for typewriter analysis, has been thrown away.
I will send you under separate cover in the near future a complete report of information that our investigation managed to uncover, in spite of your rudeness, total lack of cooperation and obvious intent to malign me forever with BMI.
I cannot put into words the disappointment I have in BMI. I can assure you that before this is all over, you, Elizabeth Granville, will admit that you were wrong!
Cordially,
Shad O'Shea
And on that same date, I wrote a letter to Edward Cramer, president of BMI. He chose to ignore this letter also.
Dear Mr. Cramer:
By now you are no doubt familiar with the violation of my rights as an individual by BMI, and, in particular, Ms. Elizabeth Granville.
I have sent you several copies of correspondence which would indicate to any intelligent human being, that a great disservice has been done. I am extremely disappointed with the absence of any correspondence from you.
Cordially,
Shad O'Shea
On February 28, I received a letter from Cramer. It is terse and lacks any compassion and understanding whatever.
Dear Mr. O'Shea:
I am in receipt of your letter of February 18th. I understand that whatever problems existed in the past between your organization and BMI have been resolved, and that you have been reinstated as a publisher.
I hope this concludes the differences between us.
Sincerely,
Edward Cramer, President
On March 14, I wrote to Elizabeth Granville again, and sent all the information to prove beyond any doubt that I was not guilty of the charges brought against me by BMI and that George William Stith, through his attorney, had paid all of the expenses involved in order to get a release from me.
Dear Ms. Granville,
I have written to you repeatedly asking you to acknowledge receipt of legal affidavits which clearly prove my innocence in my dispute with BMI regarding the actions of a third party namely, Mr. G. Wm. Stith. How many letters must I write before you acknowledge receipt of these documents?
Enclosed for the third mailing to you, find copies of check and signed releases concerning G. Wm. Stith. Obviously, Ms. Granville, it is very difficult for you to admit that you made a mistake.
Cordially,
Shad O'Shea
Four months went by. I received no acknowledgement of receipt of the materials indicating my innocence. Finally, on June 15, I wrote my last letter to Elizabeth Granville and Ed Cramer. That was approximately six years ago, and I have yet to hear from them.
Dear Mr. Kramer,
The attached is self-explanatory, however, I enclose for your benefit also, legal documents which clearly vindicate me from any wrong doing as a BMI publisher.
Just what does it take for you to acknowledge my innocence?
Cordially,
Shad O'Shea
Well, dear friend, you've been through yet another episode with me. In the beginning of this chapter I promised not to editorialize, and I had to bite my tongue on many occasions to keep from letting the verbal diarrhea commence. However, I will now exercise my privilege to tell you what my suggestion would be if you want to join any one of the three performing rights societies. I would join ASCAP. Now the reason I say join ASCAP is not because ASCAP has not kicked me out. It's not because ASCAP pays more money. It's not because ASCAP is necessarily more efficient. It's because the ASCAP people treat me like a human being, even though I am not one of their mega bucks writers or publishers. When this whole dirty business with BMI came down, I stopped in Nashville to see Ed Shea, then the regional director for ASCAP. He had for years been trying to get me to start an ASCAP Publishing Company, and I had always refused his request by saying, "Ed, I've been with BMI all these years, and they've been good to me. I'm a very loyal person, so I'm going to stick with them." I went to see Ed Shea when I was booted out of BMI and he made several telephone calls in my behalf to try and get things squared away. He even made a call to BMI to try to get them to understand my predicament, but his call also fell on deaf ears.
I have found that since I became a publisher member of ASCAP, almost 8 years ago, I have been treated with the same respect accorded the very top writers and publishers in the organization. If you write one or two songs a year, if you make only $36.15, it doesn't matter to them. They're going to treat you the way they would expect to be treated if they were in your shoes. And what it boils down to is that all the computers in the world, all the fancy paperwork, and the high-level executives, all the spit and polish, can't make up for just good ordinary common decency and respect for your fellow man. If you have a problem, you simply pick up the telephone and call ASCAP - any one of their offices - and you'll find that you're treated with great respect, that at the other end of the line is a helpful, understanding, caring individual. I guess that's the difference between ASCAP and BMI. It's something to think about.
*All correspondence appearing in this chapter are an exact reproduction of the actual letters.
"Update... The 90's"
Nothing changed over the years regarding the way that BMI put the screws to yours truly. I have never so much as received a note of apology, or even a hint of apology by letter or telephone call. I have been informed recently, 1992 to be exact, that the very lovely, charming warm-hearted, engaging, thoughtful, caring, understanding, delightful, sympathetic, Elizabeth Granville, is no longer with BMI. If in fact that is true, at least it is a start in the right direction. Regarding my adversary in this chapter, he is now preaching the gospel of Jesus Christ, renting out low income housing, and managing the sterling and unforgettable career of Lonnie Mack, one of America's truly innovative guitarists. A complete rundown of things that have taken place since this little episode is outlined in my fourth book entitled "Music in America... The 90's."
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