TORONTO — Main songwriters Burton Cummings and Randy Bachman are back on tour as the Guess Who, following a series of court proceedings over the rights to the band’s name. However, the legal dispute is ongoing.
The Takin’ It Back Tour began over the weekend in Canada, marking Cummings and Bachman’s first performance together in decades. The concert came just days after former bandmates Jim Kale and Garry Peterson filed a lawsuit challenging the way Cummings regained the rights to the Guess Who name.
Cummings, who has long been absent from the lineup, retained rights agreements to the band’s most famous songs, including “These Eyes,” “No Time” and “American Woman,” which he co-wrote with Bachman. Cummings terminated those agreements, which prevented the existing lineup of the Guess Who from performing those songs on stage, leading to the cancellation of several scheduled shows.
Following that decision, Cummings risked losing a significant source of income, as no one else was permitted to perform the songs. Royalties from concerts, television, movie placements and radio airplay stopped.
This development led Peterson and Kale to negotiate. After the group’s breakup in the mid-1970s, Kale had secured the rights to the name and was later joined by Peterson. However, neither regularly performed on stage. Cummings and Bachman called those performances fraudulent, asserting that no original members were involved. After a lengthy arbitration, Cummings and Bachman announced their return as the Guess Who.
Peterson and Kale have now filed a complaint against BMI, the performing rights organization, claiming they lost millions of dollars when the long-standing agreement was terminated. They had spent months planning a U.S. tour as the Guess Who with booking agency BiCoastal Productions. According to the lawsuit, BMI’s chief legal officer informed Peterson and Kale during a soundcheck that their rights agreement had been terminated “effective immediately.”
The group canceled that night’s show and all remaining tour dates. Peterson and Kale argue that BMI should have given them more notice. “Contrary to BMI’s misinformation, a copyright holder cannot simply provide notice of termination of rights effective immediately in such a manner that would force the cancellation of all concerts that had already been planned, organized and promoted,” the lawsuit states.
Randy Bachman co-founded the Guess Who in 1966, just before Cummings joined as lead singer. Bachman left in 1970 to form Bachman-Turner Overdrive, and the Guess Who disbanded in 1975. Cummings and Bachman reunited occasionally, but the group continued without them in the late 1980s.
Kale, the original bassist, obtained rights to the band’s name and was later joined by Peterson on drums. Kale retired in 2016, and Peterson stopped appearing at every concert. In 2023, Bachman and Cummings accused them of false advertising, alleging that some promotional materials used their images.
Cummings and Bachman announced a Guess Who reunion tour in November, with support from former Eagles member Don Felder. The 12-city Canadian tour began in Niagara Falls and runs through August. The Guess Who is also scheduled to appear on the Rock Legends Cruise XIII departing from Fort Lauderdale, Florida, in February.
Peterson and Kale’s lawsuit against BMI includes allegations of fraud, breach of fiduciary duty, intentional interference with contractual relations and negligent misrepresentation. They are seeking millions of dollars in compensation and punitive damages, citing what they describe as “willful, oppressive, fraudulent and malicious” conduct by BMI.
Their attorney, Michael Machat, said immediate terminations undermine the process. “In some cases, the venues had no time to find substitute acts and went dark,” Machat said. “What happened doesn’t make sense. With most contracts, particularly commercial contracts, you have to give notice.”
BMI issued a statement in response: “There is no merit to this lawsuit. BMI responded accurately and in accordance with the information provided to us by SOCAN, the foreign society that represents the copyright holders. We stand by our response.”
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