smith - chicago-kent blogsblogs.kentlaw.iit.edu/...smith-seminar-paper-battle-of-the-band.pdfsmith 4...
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Prologue
“You know the monotony of every day boredom? Waking up to a blaring alarm, getting dressed,
eating breakfast and venturing out to do the exact same thing you did yesterday? No less, no
more? Sure you do, everybody does. Everybody has felt the internal groan while thinking about
what lay ahead for the day. That is, except once in awhile. Once in awhile something special
comes along. For a child it’s a surprise McDonald’s Happy Meal on a Tuesday night, for the
elderly it’s a random call from their grandchild to see how they’re doing, but for everybody in
between it can be as simple as one brand new, soul shaking, Earth shattering, hip thrusting jam
on the radio by some special new voice that makes all the monotony disappear. Well, today that
song debuted and you will be grateful for the three minutes and twenty seconds you get to forget
about your boredom and live in a few heart cleansing verses. It’s called “Right with It” and it’s
coming to you in 3… 2… 1…”
The three men stared blankly at the radio as these words emanated from the sleek, shiny device
and bled into the beginning beats of their brand new single. In disbelief during the entire
monologue of the DJ on the other end, it was finally hitting them that the song just introduced
was their own creation. The excitement was palpable.
It was the ultimate review they could have received, major praise from a prominent DJ of a song
that almost didn’t happen and no one realized this faster than Big Baby, the President and head
of Rash Records. Big Baby, as fat physically as he was with wealth, sat in his great big, purple
suede chair and listened to each beat of the song, hearing the KA-CHING of every dollar that
was about to be made off this hit. “Yep, Thank Buddha the song got made!” Big Baby thought,
leaning back in his chair with his eyes closed, more relaxed than he’d been in the weeks it took
to make the new record. “Almost wasn’t made.” That is, he knew, if it weren’t for John, the
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successful former front man still burning bright on the fading flames of past stardom. Sitting in
the studio advising his friend and label President, Big Baby, on some new talent, John knew as
soon as he heard the new kid’s demo that he would make a great pair with his old friend, Clay,
an unparalleled saxophone player. John was the reason that the two men came together to create
this song all while singing on the record himself. “Yep, Thank Buddha for John!” Thought Big
Baby, still as content as ever.
“But then,” thought Big Baby, “there’s also an argument that could be made that, if it weren’t for
Clay, the song wouldn’t have had the unique sound that it did. What an incredible ear for music!
If it weren’t for the smooth saxophone undertones of the song, there would be nothing unique
enough about the tune worth playing on the radio. So I supposed I should Thank Buddha for
Clay as well!”
Still happy but suddenly a bit twitchy, Big Baby thought even more deeply about the origins of
this money maker. “Of course, then there’s Hutten: Young, unknown, and hungry. He was the
writer of the original song, made better and improved upon by the other two men. If he hadn’t
written the lyrics and melody, of course there would be nothing to play. So I guess Hutten
deserves some praise as well…” Big Baby’s face went blank in quiet panic and his naturally slim
green eyes grew large. While he watched the three men celebrating their successful new song,
Big Baby knew he had to clarify something before he could join in on the festivities.
“John…” Big Baby started. John popped a bottle of champagne and chugged it from the bottle,
sticking out his hand to give the “hold on” sign to Big Baby. “What? Did you want it first?” John
asked, smirking at his old friend.
“John… You made sure everyone signed the studio copyright agreement, right?” Big Baby asked
tentatively, fearing the answer.
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John’s grin immediately fell. “Big Baby, that is not my job.”
“I left you to make this record, you idiot! You knew that’s the most basic first step in creating
anything on behalf of the label!” Big Baby shouted.
“Wait… Are you saying we don’t know who gets the copyright on this song?” Clay said slowly,
remembering that step and knowing they didn’t complete it.
“What are you guys talking about? What copyright agreement?” Hutten asked, genuinely not
knowing the answer to that question.
“The label has a mandatory copyright agreement saying that any work created under this label is
property of the label. You idiots didn’t sign one!” Big Baby shouted at the new kid, still in
disbelief this wasn’t completed ahead of time.
All four men looked at each other, processing what Big Baby was saying. If they didn’t sign the
copyright agreement, who owned the song?
It was almost as if all four men came to the same conclusion at once. Someone had to get the
credit, someone had to go on to promote the song as his own, and someone had to claim the
copyright. After all a band without unity is not a band long lived; every musician knows that
rule. The only question: Who truly deserved the main property rights of such a successful anthem
that generations to come would covet?
“So you’re saying…” Clay started, the reality of the situation beginning to hit him, “That no one
owns this song yet?”
“Clay,” Big Baby said, looking first at Clay then at the other two men in the room, “That is
exactly what I am saying.”
Hearing this, John, Clay and Hutten stood up, each with the anger and will to fight for their
copyright. As the first arguments began to be made, before anyone could fire the first shot, he
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knew what he had to do. He knew there was only one person who would diffuse this situation
before it became a major problem for not only all men involved, but also for the label itself.
“CALL IN THE LAWYER!” Big Baby yelled aloud in a voice that boomed across the entire
room and possibly into outer space.
Fifteen minutes they waited until Ray Robinson, Jr., J.D. entered the room. The man had the
swagger of a pimp and the mind of a prodigy. At about 6 ‘2 Ray Robinson was the most
handsome nerd anyone had every seen. Typically in a burgundy sweater, slacks and shoes that
didn’t match his socks, he came into the studio out of his uniform and ready to play. Dressed to
the nines in his black suit, leather motorcycle jacket and Tom Ford sunglasses, he strolled in and
threw his briefcase on the table. Not one for small talk, he got started.
“Alright boys, my name is Ray Ryder Robinson, Jr., but you can call me RJ. We’ll be in this
room for some time, so let’s get to know each other. You want to know my background? I have a
bachelor of arts in Psychological Science and a minor in Music Business from Belmont
University in Nashville, Tennessee. Why psychology and music? Because music has everything
to do with the inner workings of the mind. From there I got my Juris Doctor from Harvard. Why
a J.D. after having a music background? Because those who can’t do, practice law.” RJ paused
his spiel, looked around at the three blank stares, and, satisfied, continued, “Are we intimate
yet? Now, I currently work fifty hours a week as a licensed counselor and you three pulled me
away from a vacation from my clients, from this city, and from the heat, so you better make this
good and easy. I want to hear your backgrounds. This will not be a complex solution. I only need
one answer from each of you, and that is to one simple question: Why should I give you
ownership of the copyright on this song?”
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1. RJ
It was a hot summer day and RJ was preparing his wardrobe for a pending trip to the Midwest.
Why? To get away from the heat, he supposed. LA was never anything short of scorching,
almost as boiling and overwhelming as the egos of the people who inhabited it. Never one who
liked the heat, or the people, he was ready to get the hell out of Dodge. It was always better cool
than hot if you asked him.
It was time for a break. See, RJ didn’t get breaks very often but he felt it was time. After a full
three years out of law school he hadn’t taken a single vacation. He was constantly working, after
all he was a pro bono attorney for the down and out, and crime doesn’t sleep. Not only that, but
he also worked part time as a counselor for the depressed. Every day in both careers there was
some new tragedy, some new victim, some new patient that needed RJ’s assistance, and
honestly? It was exhausting.
RJ smiled to himself just thinking of a nice warm fire on a cool Fall night. He wasn’t quite sure
where he was going, but he knew he wanted peace and quiet, middle America fit that description.
While RJ was happily deciding between his blue argyle sweater and his yellow and grey striped
cardigan, his phone went off.
“RJ speaking. Please, if this is not an emergency, I am available over email. Please write me
at…”
“The Hell, RJ!? It’s Big Baby! I’m not writing you shit!”
RJ was speechless as his phone slid out of his suddenly limp hand. It couldn’t be.
“RJ! It’s an emergency. I have a fucked up group of guys in a fucked up situation that exists
because I fucked up trusting John Johnson to do anything! I need your help!” RJ could hear Big
Baby’s spit fly out of his mouth after every enunciated word.
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He couldn’t believe it. Three years after RJ made a deal with the Devil, Big Baby, and the head
of the label calls him for help!? RJ was not excited.
“You owe me, RJ! You know you only have your therapy practice because I loaned you that
money! We have a contract!” Big Baby continued.
“You didn’t loan me anything. You hired me as a standby therapist for your talents’ mental state.
What happened over the last three years? I haven’t gotten one call, I figured you put something
in your musicians’ water making them think straight for depressed artists.” RJ said.
“I made that deal a little ambitiously; turns out musicians like to be tortured souls, they’re not
into talking about their fucked up heads. You should be glad, one call in three years and you
made twenty grand, I’d call that a steal for someone like you.” Big Baby laughed.
RJ rolled his eyes practically into the back of his head. He couldn’t believe a deal he made right
out of the gate of law school, broke, alone, and desperate for money was coming back to bite him
in the ass. He’d nearly forgotten about the whole thing. The deal was give five years on standby
psychologist and entertainment lawyer in exchange for the money to get his counseling practice
started. He wasn’t particularly excited to listen to crying musicians cry because they had too
much money to be happy, at least his patients’ problems he could relate to. In the end of a hard
fought financial battle for success, RJ settled for a part time attorney, part time counselor career
and assumed Big Baby had forgotten all about him.
“Honestly, I thought no call after three years negated that entire agreement. I’ve barely even
practiced since I graduated law school. I’m basically a full time counselor now. I’m not the right
guy for this and you clearly don’t really need me. How about I give some of the money back?”
RJ countered.
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“No, that’s the point! I do need you! Bad! You’re the only guy for the job, an experienced lawyer
and a crybaby’s blanket! That’s the jackpot for this problem!”
The line went quiet, Big Baby was waiting for RJ to respond and he did, with a long,
exaggerated sigh.
“Look,” Big baby said, beginning to get desperate. “I have a situation here. I have a hit record,
three fame-hungry artists and an unsigned copyright agreement. I need you to come in and figure
out who I should give the copyright credit to. They’re about to start whaling on each other, I tell
ya! Uncouth barbarians. This will be a big legal problem and cost them and, most importantly,
me a lot of money in legal fees and bad press if this goes to court to decide. I need garbitration.”
Big Baby explained.
“Mediation.” RJ corrected. He sighed and looked up longingly at his framed poster of the
Mississippi River above his bedframe.
“First of all, there’s no credit involved. A copyright is a property ownership…” RJ stopped mid-
explanation, suddenly remembering something that could get him out of this ordeal. “Wait!
Before I made the career switch to psychologists, I gave you stacks of a standard copyright
agreement to have all of your artists sign when I came into your office to make that deal. I even
gave you a template to use to copy when you ran out. How did you let a band create a song
without having them sign that?” RJ asked, genuinely confused.
“Oh don’t shit on me more than I’ve already shit on myself, RJ! I’m grooming John to take over
my position. We were sitting around listening to demos I get dropped off at the studio every now
and again and John heard something good. Son of a bitch has a decent ear. Anyway, I gave this
project to him as a beginner pseudo project as a record executive. The idiot was too eager to
jump start his fading musician career to remember the first thing he’s done every time he’s
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recorded anything in my studio.” Big Baby was tripping over his own words trying to explain
this like a bomb was going to explode if he didn’t do it quickly enough.
RJ rolled his eyes. A multi-million dollar industry and the key players don’t even know what
they’re doing. “Okay,” said RJ, “I’ll do it. Where do you need me?”
“No shit you’ll do it! For the money I’ve given you you’ll lick my floors if I ask you nicely!
Twenty minutes. Back room of the studio.” Big Baby hung up.
“Well, it was a good thought.” RJ said aloud to his half-packed suitcase. “Wait,” he thought. “If I
can solve this one in a couple of days, I can still make my trip. How entitled can these guys be,
after all, they created this song together. Right?”
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2. John
“This is ridiculous.” John practically screamed as soon as the door shut behind Big Baby, Hutten
and Clay.
“Care to elaborate on that?” asked RJ with the poise of a seasoned interrogator.
John began to pace back and forth in the twelve foot by ten foot room. “Where should I start?
The fact that it’s my fault that a label older than Big Baby’s great grandfather didn’t remember to
have us sign the most standard legal document signing our creative rights over to the label? Or
the fact that a kid from nowheresville Idaho and a washed up saxophone player want to take
credit for something that only happened because I saw a glimmer of talent in both of their failing
careers?” John practically screamed.
“Alright please sit down. This an interview, not a marathon.” RJ watched as John made eye
contact with him and slowly sat down, holding the stare as he did so.
“Why don’t you tell me how this all came about? What is your relationship like with Big Baby?
I’d imagine you two are pretty close given he trusted you to produce and distribute legal
documents for a new song.” RJ asked, bracing himself for the litany John inevitably was about to
give.
“Well…” John started, clearly choosing his words one at a time, “We go back. I mean, I’ve
known him since I was a kid, he discovered me, signed me, and taught me the managing side of
the business my entire career. There weren’t ever early nights, even when I’d play with Clay he
would get to go home and I was stuck for another three hours while Baby explained in
nauseating detail how the legal and business side worked.” John looked puzzled as he spoke, as
if he knew something he didn’t care to admit.
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“So he mentored you, that’s why he expected you to know what to do with Hutten and Clay on
this song?” RJ asked.
John feverishly shook his head. “I don’t know! The point is, it’s not my responsibility. It’s not
my label! And beyond that, he knows how bad I need this credit! It could dramatically enhance
my career. Old ass can’t ever help me out, everything is a lesson. I swear he just loves to play
God or something.”
RJ sat down in the chair facing John. He had a lot of experience with troubled musicians in his
day and John was one of the worst cases he’d seen as far as Napoleon complexes went. At five
foot five John was a smaller man with greasy black hair that clearly was plump in its day, now
balding at the scalp. His body was one built on muscle and sustained on sweets in the recent
years, and it showed. RJ could picture a young John, good looking with the air of confidence in
his day, and he could also see how aging no more agreed with John than John did with aging.
“What do you need this credit for, John? What is it going to get you in the long run, beyond a
little more fame and time in the limelight?” RJ asked as John moved his eyes from RJ’s to the
floor.
“What do you mean why? Why does anyone need anything? Because it will give me life! It will
give me motivation! I don’t know if you know this but I’ve taken a bit of a sabbatical from.. uh..
touring, you know? Making hits. I’ve just been busy, and this can be my foray back to what I’m
supposed to be doing.” John looked up, RJ’s eyes were still on him.
“Are you married, John?” RJ asked in a voice curious with a hint of knowing.
“Uh.. No. Well no, how could I have time to settle down? I’m a rock star! You know this life,
well maybe you don’t, you’re not a successful musician. No offence. But my love is for music,
and I’ve never met anyone who embodied that same feeling for me.” John’s confidence was
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wavering, but RJ knew John believed everything he was saying. You can’t tell someone how
they feel, so RJ knew it was time for a break.
“Okay, John. That’s it for now. Can you send Clay in here in ten minutes?” RJ asked. John
nodded and left the room in a stride that exuded an overcompensation of confidence for the
vulnerability he just endured.
RJ watched the door shut and quickly pulled out his iPhone. He Googled John’s name and a lot
of articles and advertisements for his old records came up. Not seeing what he needed, he redid
his search: “John Johnson Wife”.
The first article to come up was a GoodReads review from what appeared to be an autobiography
entitled: Love, Sex and Rock ‘N Roll written by Darla T. Carington.
RJ smiled, he knew John had the aura of someone who had lost and the best guess for what a
man of his stature would lose: Love.
RJ read the summary:
“Ever wonder what it’s like to be a rock star? Me too. I suppose that’s why I spent the majority
of my adult life chasing after the love of one. It was the closest I could get to having it all: Love,
Fame, Talent. This is the story of how one man stole my heart and traded it to the Devil for a
chance at the big time.”
“Hm.” Thought RJ, “Sounds like a wound that needs reopening.”
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3. Clay
“Look, man. I’m not even saying I deserve the copyright, I’m just saying John doesn’t.” Clay
declared immediately upon arriving in the room, his eyes on the floor.
“I don’t understand, if you don’t care if you get the credit why would you care who does?”
Asked RJ, looking at Clay. Clay was an odd looking guy. He was definitely handsome, with his
grey hair and dark skin, but he looked like someone who was eternally exhausted. He had dark
circles under his eyes that even the best cover up couldn’t conceal, he was someone who got up
every day, worked, and worked hard.
Clay got up from his chair and stood across from RJ, leaning on the opposite wall with his arms
folded over his chest. He continued starring at the ground for a solid minute before he finally
spoke.
“John’s not a good person. He never has been. I’ve known the guy since I was eighteen, I played
in two different bands with him, and that guy has chosen money over morals every chance he’s
gotten in thirty years. He’s stolen from me at every turn in my career. If we sold merchandise,
he’d make a whole to do out of not getting the biggest cut since he was the lead singer. The guy
has an ego the size of Jupiter and the conscious of Judas.” Clay was working himself up as he
spoke, RJ noticed his hands shaking at his sides as Clay quickly stuffed them in the pockets of
his poorly kept jeans.
“What do you mean he stole from you?” RJ asked, seriously curious as to who John actually is
versus who he talked about being.
“We were living the fast life, man: All women, booze, a different city every night while we were
on tour. John was a bad guy, but he was a fun guy and that fueled our friendship for the majority
of our careers. But then God stepped in, saw what I was doing and switched up my fate. I got this
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girl pregnant, totally out of the blue. Of course I married her, I didn’t have much of a choice.
Then I had all of these responsibilities and expenses, life got hectic and the fun came to an abrupt
end. John told me not to worry and that everything would be okay, meanwhile he’s still taking
out of my cuts for merchandising and concert ticket sales. He stole so much money from me in
the slyest ways, he should get an Olympic medal for it. It was ‘5% here, because I’m the star. 5%
there because if it wasn’t for me this band would be nothing.’ All this ego crap I let slide because
I had kids and a wife and other responsibilities I had to focus on. I didn’t have the time or money
to get into legal battles with John.” Clay was fuming now reflecting on the betrayal. He was
clearly still hurt deeply by his friend who didn’t support him even after all of this time.
“Well so what happened? You guys quit the band, stopped being friends?” RJ asked, assuming
this friendship went the same way all rock ‘n roll friendships are fated to.
“We had it out, I quit. He replaced me and kept the band going for another few years but I pretty
much was the catalyst for the end of the era.” Clay walked back to his chair, sat down and put his
head in his hands. He was spent.
“So if you guys had such a falling out, how did you two end up working on this song together?”
RJ asked.
Clay hesitated. “Basically, I needed the money. Big Baby was the one who called me and asked
if I would do it, so I knew John was involved but I also knew I could stand to be in a room with
him for a couple days if it meant a solid pay check. I haven’t seen one of those sine I quit the
band all that time ago. Five kids I’ve got, man. I have a wife, a mortgage, I’ve been financially
struggling since I got married. I work odd jobs around town, occasionally sell a song or two
when I have the time to sit and write.” Clay was clearly ashamed of this fact, and RJ understood.
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After all if it weren’t for Big Baby RJ would have had to call his estranged parents for a loan to
get his business started and anything was better than that.
Clay continued, seemingly having gotten his second breath. “The truth of it is, I barely saw John
when we were working on this. It was such a good song it just came together so quickly. That
Hutten kid is talented, no doubt about that. And don’t get me wrong, I need that copyright. I need
a win, for me and my family. But at the end of the day, I’m more concerned that John will steal
and get away with it again and I can’t have that.” RJ liked Clay. He seemed like a reasonable
man who was beyond the pettiness of fading fame and quick fortune, he was someone who had
real problems. There was definitely a maturity in Clay that RJ knew was rare.
“I can respect that.” RJ said and put his hand on Clay’s shoulder, a sign of understanding. “I’m
going to do my best to get not only the best legal result here, but a just one.” Clay nodded, head
still in his hands, RJ could feel his shoulders relax. Clay was comforted knowing he wouldn’t get
screwed again.
“Just tell me one thing to help me get through to John,” RJ asked.
Clay laughed. “No one’s ever gotten through to John. I bet his own mother couldn’t even help
you with that one.”
RJ waited for Clay to stop laughing at his serious request before he dropped what he knew was
probably a decent sized bomb. “Who’s Darla Carington?”
Clay’s face faded from an amused smile to a jaw drop. “Wow, you really are as smart as you
think you are.”
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4. Hutten
RJ sat, quietly, hands folded between his legs, patiently waiting for Hutten to look up from the
mock drums he was playing in the seat across from him. All bone and skin, the kid was an old
school rock star. At least, he was trying to be. RJ assessed his floppy dyed black hair sweep
down to his mid nose while he rocked out on the pretend drums. The kid was in his own world.
Like John, RJ thought, but more acceptable because kids are supposed to be delusional.
“How old are you?” RJ finally broke the silence, ready to tackle his next patient.
“Twenty-two” Hutten replied, not looking up or deferring from his set.
“Old enough to drink,” RJ mused. “Must be an exciting time for you what with that and all of
this.”
Hutten didn’t respond and RJ took a moment of pleasure in the silence of a kid living beyond his
means and way out of his league. It was nice how innocent he was; it was nice how little he
seemed to care about anything but his passion. His careless demeanor reminded RJ what it was
like to be starting out in your dream career, just excited to be existing amongst people who share
the same joy. That’s how RJ felt in the beginning of his law career, which he let go when he
stopped resembling Hutten.
“Do you care about this copyright? Do you even want it?” RJ asked.
That got Hutten’s attention. He looked up and met RJ’s stare with his light green eyes, which
looked both warm and cold at the same time.
“Of course I want it, man. I want it so bad I literally can’t stop moving.” Hutten said, as serious
as could be.
“You’re not acting like it.” RJ replied, feeling like he was speaking to a child. In some ways, he
supposed he was.
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“What am I supposed to do? Tell one of my greatest inspirations, John Johnson, that he can’t
have the copyright on a song he basically created? Talk about being between a rock and a hard
place.” Hutten said, nearly cracking a smile at the irony of it. The kid with no start, no prospects,
finally getting a break, with his hero no less and he has to give up the copyright to a song he
wrote because he respects a legend too much to stand up for himself. RJ felt for him.
“Well, you don’t have to. That’s my job. Just tell me about yourself, tell me how this song came
to fruition.” RJ said, trying to ease Hutten’s anxiety.
“Tell you about my fruit?” Hutten asked, perplexed.
“Fruition,” RJ corrected, “How did it come to be? You wrote it, right?”
Hutten, humbled, looked away from RJ. “Yeah, I spent my life writing it. I’ve had a few decent
songs but this is my first hit. Everything else had something wrong with it and after working with
John and Clay I can understand what was missing from the others. They’re so good, man.
They’re pros. I want this copyright, I want this song, but the truth of it is that it wouldn’t exist if
it weren’t for them. John heard it and sought me out! I never thought that would happen when I
dropped it off with the label’s secretary and asked if Big Baby would take a listen, not in a
million years. So do I want it? Yeah, man. Do I need it? Of course. But I don’t think I can take
it.” Hutten replied, solemnly.
They sat in silence for a minute while RJ mulled over Hutten’s attitude on all of this. The kid
wanted it, he clearly wants to fight for it, but he knows he shouldn’t. The first humble, selfless
person RJ’s spoken to in days. It was refreshing.
“Here’s what I’m going to do.” RJ said, walking closer to Hutten and putting a hand on his
shoulder. “I’m going to do what’s right legally and ethically. I won’t screw you.”
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Hutten looked up. “I don’t know what I’m doing here, man. I’ve never been here before and I’m
nervous. I’m not like those guys.”
“I know you’re not.” RJ declared, reassuringly. “I hope you’re better than those guys.
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5. Big Baby
The room was… tense. That was the only word to describe it as RJ sat at Big Baby’s desk going
over his notes while Big Baby stood in the corner starring at him.
“You know, this won’t go faster the harder you stare,” RJ said, not looking up from his papers.
“For twenty grand I would expect faster results.” Big Baby deadpanned back.
RJ sighed. “Look, Big Baby. You have a complex group of guys here and from a psychological
perspective I find them to be quite interesting.”
The silence following RJ’s statement was palpable as Big Baby starred at him in disbelief. RJ
still did not look up from his notes.
“I’m not looking for a dissertation on the emotional fucked up-ness of over privileged, over
talented morons. These idiots owe their abilities to God, and now they are crying over a
copyright. Just tell me who to give it to so I can fire them all as perspective clients and return to
my sanity.” Big Baby said, clearly forcing whatever calmness he was attempting to convey in the
tone of his voice.
RJ finally looked up. “You hired me as an attorney with a psychology practice. Don’t you want
me to solve the deeper issue that is clearly at play here?”
“I want you to tell me how this copyright disagreement plays out so I can move on with my life!
Just do what I paid you for!” Big Baby was losing his cool little by little.
RJ was sensing Big Baby’s patience wearing thin and felt his hand tense up around his pen. This
was not how he wanted to be spending his time when he was supposed to be on vacation and the
entitled attitude of everybody he spoke with was getting a little old.
“What do you want here, Big Baby?” RJ started, standing up and facing Big Baby.
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“What I want…” Big Baby began, about to deliver the same reply he’d given the last ten
minutes.
“No, let me finish.” RJ wasn’t surprised that Big Baby would answer a rhetorical question.
“What do you want here? Because from my professional perspective, everyone involved here
wants something different. John wants the fame that’s been beyond him for decades, Clay wants
retribution for John’s lack of friendship and consideration as well as validation of his talents, the
validation he lost when he chose family over music. Hutten wants the respect of his heroes and to
do the right thing by them, almost more than he wants a career of his own. All three of these
deeper voids that need to be filled laying under the façade of wanting the money that comes from
the copyright ownership. And you? What do you want? To avoid a PR nightmare and cut your
losses or to heal these men and continue to work with them? Because you have a hit on your
hands, Big Baby. You want money, that’s obvious. You will get money, quality work and a
fruitful relationship with these artists you built a career claiming you care about if you dig
deeper. This isn’t a copyright issue, copyrights are easy. Everyone wants something deeper than
that. Unless you want this to continue to be argued, you have some other problems to solve. I’m
trying to do that. Now either leave me alone and let me do the work you paid me for in its
entirety or I don’t need to be here.”
Big Baby, finally, was speechless. He’d never known anyone to stand up to him, not really.
RJ put his hands up, exasperated. “No? Nothing? Not even a nod? Seriously? I cancel a vacation
I’ve been dying for because I’m overworked. Instead of taking that break, I’m working even
more and even harder than I normally do because I actually give a shit about the outcome of this
situation. You bring these guys together, you put your faith in them to make a record, they
deliver, and you don’t even care if they come out of it okay? This is why I quit my entertainment
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law career. I can’t deal with insensitive assholes like you.” RJ gathered his papers and left Big
Baby standing stupidly in his corner with his mouth open. If Big Baby didn’t have the decency to
care about the psychological well being of these guys, RJ knew he had to. And he knew the only
person who could help him piece together and solve the puzzle that was John Johnson, the center
of the madness.
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6. Darla
It was an especially hot, gloomy night when RJ and Darla finally met. Call it a Hail Mary, he
figured as he crossed the street and walked into the diner. He was sure she requested to meet in a
public place in case he turned out to be some kind of psycho, and RJ respected that. He already
could tell she was smart.
He sat down at the booth in the front corner of the restaurant, practically in the entryway of the
diner so she wouldn’t miss him.
RJ opened his menu, he hadn’t had a real appetite in days. He couldn’t stop thinking about these
guys. Three men, all in clearly different places in their lives, come together to make this song
they all need the credit for, for different reasons. That’s a psychologists’ bread and butter.
“Bread and butter?” The waitress asked.
“Oh, hey. I didn’t see you there. Uh, sure.” She puts the basket of rolls and butter packets on the
table and walks away.
RJ went back to his menu, chuckling at the interaction when a girl approaches his table. She was
petite, maybe five foot two, blue eyes and blonde hair. She was in a jean jacket and a light suede
knee length skirt, cute and stylish. RJ couldn’t believe she wrote such a scathing expose on John
Johnson, the girl barely looked like she could kill a fruit fly.
RJ stood up. “Hi, you must be Darla. I’m RJ. It’s so good to finally meet you.” He extended his
hand to shake hers.
She stared at his hand for a solid ten seconds before tentatively shaking it. “I have to be honest
with you, RJ, I’m not particularly excited about this meeting. So please, let’s get this over with.
She picked up a piece of bread and bit into it.
“Uh… no butter?” RJ asked gingerly.
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Darla looked up, still chewing. “I like it raw.”
RJ raised his eyebrows at her, surprised that this is the Darla he was emailing with. He realized
the written word cannot accurately convey tone, if it could he probably wouldn’t have set up an
in-person meeting. RJ sat down.
Sensing RJ’s hesitation, her face softened and she began to smile. “Relax, I’m just messing with
you. I tend to make stupid jokes when I’m uncomfortable.” Darla said.
“Yeah, sorry, let’s get to it. Uhm, I just wanted to know a little more about your relationship with
John Johnson, it seems like it was highly publicized back in the day.” RJ said as he clicked the
top of his pen, ready to capture her every word.
Darla looked puzzled. “You calling me old?”
“No! Not at all! Look at you, you look like you’re twenty! Even if I was it wouldn’t be a correct
statement by any means.” RJ said, genuinely surprised, apologetic, and most of all,
uncomfortable.
Darla stared at him, “Sorry, another bad joke. I don’t really trust people who ask me about John.
After the book came out, everyone wanted to know my every emotion. Who doesn’t live for
gossip these days? I wasn’t into it. I shouldn’t have written that stupid book in the first place.”
Darla said as she grabbed another piece of bread.
“Well why did you? RJ asked. “Money?”
Darla stared at him and RJ could tell she was debating whether to be offended or not. “Bad
business advice, let’s put it that way.”
RJ wasn’t surprised by this broad answer. He knew he wasn’t going to get much out of her, she
looked as weary of him as she would be of a naked man in a trench coat on the street.
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“Look, I’m not here to bother you. I told you I’m an entertainment lawyer turned counselor
turned pro bono attorney. I work for Big Baby.” RJ started.
Darla leaned across the table, as close to RJ as she could get, and practically whispered, “That’s
who gave me the bad business advice. With all due respect, why would I want to help that ass?”
RJ leaned back, surprised. “Well here, something we have in common. I’m not sure why you
would help that ass, so why don’t we start by helping me? Big Baby told you to write a book
about what a terrible boyfriend John was?” RJ asked.
“No. He told me not to. I felt like he was taking John’s side in the break up so I did it out of
spite, I guess. You know, young and heartbroken, that sort of soap opera. He knows how I am.
He should’ve told me to write one and I wouldn’t have done it.” Sensing RJ’s confusion, Darla
leaned back and crossed her arms over her chest, “Like I said, young and heartbroken: A perfect
recipe for stupid decisions.”
RJ looked down at his notepad pretending to be reading his notes of the diatribe John went on
while he thought. She had the presence of somebody who was in demand, and knew it. It was a
demeanor very similar to John. She was clearly just like the rest of them: illogical and stubborn.
He didn’t know how much of these people he could take.
“Look, John’s having a hard time. He’s created this song…” RJ started.
“I heard it.” Darla perked up with great intensity. “It’s good.”
“Yeah it’s great, that’s kind of the problem. John wants it to revamp his career, but he needs to
move on from that career. He’s refusing to put the past behind him and move on. Clay, who I
know you were friendly with in the past from reading your book, hates John. They all want the
copyright ownership of the song. I don’t know how much of this you already know…” RJ said,
hoping she would jump in at some point and fill in the blanks.
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Darla blinked and looked away, this conversation seemed to be taxing for her.
“I know all of this. I was there. I wrote about some of it in my book. Clay’s a good guy and John
screwed him all the time, with fame but especially with money. He took every extra cent Clay
could’ve gotten because he felt like Clay prioritized family over the band and all John’s ever
cared about is that god damn band. Thus our break up, and thus the anger that drove me to write
the book.” Darla said, still looking at the wall to her side.
This shouldn’t have been as surprising as it was, RJ knew that. He knew the book was full of this
fury and suddenly the voice behind those words made more sense. She was clearly still holding
onto what happened with her and John, but RJ couldn’t resist. It was his last shot.
“Look, I hate to ask for your help…” RJ began.
“No you don’t.” Darla said. “If you hated to ask for my help, you wouldn’t ask for it. Men never
do what they don’t want to do.” She said defiantly.
RJ sighed. He was the psychologist here. “Look. I’m sorry you feel that way. John’s at a weird
place in his life, his career, and he’s not handling it all that well. From the looks of it, you seem
like you still care about him. Or at least, you care about what happened between you guys. All
I’m asking is for you to come in and talk to him. I feel like you’re the only one who’s ever
penetrated the detached facade he’s always putting up with everyone else. I mean, clearly. If half
of what your book says is true, he loved you. So please just consider coming by the studio
tomorrow at 5pm. If not for John, then maybe for you to get a little closure of what happened.”
RJ looked at her, not sure if she was going to throw a knife at him or leave, but he figured she
wouldn’t agree.
Darla paused for a couple minutes, looking angry, then perplexed, then a little sad, then angry
again. She finally spoke.
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“It’s not fair to ask me to do that. There’s a lot you don’t know, a lot that isn’t in the book.
Honestly, I haven’t seen him in so long because I haven’t been ready to face all of it.” Darla
spoke and RJ listened, and then the two sat in silence. RJ didn’t know what else to say to
convince her to come.
“Look, you seem like a good girl who got screwed one too many times by the same person. I
understand that. In fact, I’ve been guilty of being in both of your positions in my lifetime. Love
is hard, love on a public scale even harder, I’m sure. As an attorney I understand why you’re not
willing to involve yourself in this mess. However, I have to say, as a counselor, I really advise
you to deal with your past. If you don’t have closure of your own story, you can’t write a new
one. So please, just consider coming by the studio. I think it could be very good for everyone
involved.” RJ looked into her eyes, making sure she knew, like his clients, that he was genuinely
trying to help her.
Darla met his eyes and stood up. “I’m sorry, RJ. I can’t help you.” She got up and made a beeline
for the diner door. Once she reached it, she pushed it open and walked out with a purpose, never
looking back.
RJ sighed and picked his menu back up. “Well, that was risky and unpleasant” He said aloud to
himself, “Such is the nature of a Hail Mary.”
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7. The Decision
“Fucking finally!” John threw the door to the studio wide open as he stormed in. “Let’s see my
credit!”
Clay rolled his eyes. “Is there anything that you don’t feel entitled to take for yourself? Or can
you not even pretend to have a little class?”
John turned around and his smile instantly became a frown. “Aw poor Clay, blaming the rest of
the world for his problems. Doesn’t that make you tired? I can tell. Those circles around your
eyes aren’t getting any lighter, buddy.”
Clay walked toward John, about to lose it. “I’ve gone decades without giving you the ass
whupping you deserve. Don’t make me break my streak now.”
John laughed. “I’m not one of your twelve kids, Clay. If you hit me, I’ll hire RJ for double the
money Big Baby is paying him to get you on assault, and you know those are too expensive for
you to afford.” John smirked.
Clay had had it, he wound up his arm, finally ready to release his aggression in a tangible way.
“STOP!” RJ entered the room, half expecting the confrontation that was going on. These guys
had deep seated issues and this was a forum for them to address them.
Clay turned around to see who yelled and John took the opportunity to put Clay in a half Nelson
chokehold.
“Don’t ever even look at me like that. I gave you this song! We’re all here because of me! I’m
not going to tolerate disrespect!” John walked to the other corner of the room and lit a cigarette.
RJ sighed. “You guys, seriously? Do I have to be a kindergarten teacher and separate you to tell
you the turnout of this problem?”
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John let go of Clay. Clay ignored RJ, caught his breath, and turned back to John. “I’M GOING
TO KILL YOU!” Clay yelled as he wound up his arm, ready to hit John. All of a sudden, the
only person who could diffuse John walked in the room.
“God damnit, John. Don’t you ever grow up? I swear you’ve been this stupid since you were
fifteen and trying to fight Bruce Springsteen while he was recording Thunder Road because he
wouldn’t let you on vocals.” Big Baby walked in and sat down on the only chair in the room.
John put his arm down and hunched over, like a dog that just got kicked. “Fine.” John said, “But
he knows I would’ve kicked his ass.”
“Whatever, sit down and shut up. RJ, you have some news to share with the band of dipshits?”
RJ gathered his papers and looked up at the clock over Big Baby. He was dreading this
confrontation and couldn’t wait for this emotional debauchery to end. Darla was the only person
who could potentially calm John down and she made it pretty clear she was not going to be RJ’s
Hail Mary, so RJ was walking into the lion’s den without so much as a chair to defend himself
with.
RJ looked around the room, ready to end this stupid fight. “Where’s Hutten?”
“I’m right here..” Hutten walked out of the opposite corner John and Clay were fighting in, like a
light stepping into the dark.
“Oh, didn’t see you there. Okay, so obviously there’s a lot going on around here. John, you
brought everyone together and basically produced the song. Clay, you created the melody that
was used in the final product, making you the sound engineer. Hutten, you obviously wrote the
original lyrics.”
“No shit. Tell us who wins.” John interrupted.
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“I actually agree with John for once. Don’t worry, it’ll never happen again.” Clay said
begrudgingly.
“There’s no winner, that’s what you guys don’t understand. A copyright is an exclusive legal
right to publish, duplicate, share, etc. a piece of work. The piece of work in question was created
by three people: John, Clay, and Hutten. There’s not one copyright and it’s not a credit,
necessarily…”
“Wait!” John interrupted, again. “What do you mean there’s no winner? What the hell are we
here for right now if there’s no winner?”
Everyone in the room looked puzzled, clearly not versed in any type of contract or property law.
RJ took a deep breath, remembered the ilk of people he was talking to, and laid it out in layman’s
terms.
“Okay, let me start with this question. Do any of you guys really know what a copyright is?” RJ
asked.
Every person in the room was looking away from RJ.
“I mean, it gives the rights of the song to whoever has the copyright. Right?” Big Baby piped up.
RJ nodded. “Yes, good, kind of. If I give, let’s say, John the copyright to this song, he owns it.
He then has the sole right to reproduce the song, distribute it, sell it, perform it, transfer
ownership…”
“I would never transfer my ownership of this song.” John interrupted, mumbling to himself but
audibly enough for RJ to hear.
“Ahem.” RJ cleared his throat, staring at John. John rolled his eyes.
“Anyway, this song, for legal purposes, is considered a piece of property. John would own the
song like he owns anything else. That’s what you guys are fighting for. Which, to me, is a little
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more significant than credit. It’s not just your name on it, it’s literally the ownership of the
work.” RJ finished explaining.
“Shit. Here I thought we were all fighting about whose name would be on it.” Clay said.
“Yeah, well, I guess the stakes are a little higher than that. Now,” RJ continued, “Normally you
guys sign copyright agreements that gives the ownership of the song to the studio. They studio is
the entity that owns the song so they can distribute it, reproduce it, create others based on the one
you wrote, etc.” RJ explained.
“Wait!” John interrupted, again. “I’ve been signing over my ownership of MY songs to you all
of these years?” John asked Big Baby.
Big Baby shrugged. “Do YOU want to be in charge of doing all of what RJ just said? We have a
whole team in charge of getting your song out there, played, and bought. I guess we’ll consider
the fact that it’s on the radio a little Christmas present from me to you since I’m not getting the
copyright ownership on this one.”
“Now,” RJ continued, “There are two basic copyrights to every song: The copyright to the
publishing rights and the copyright to the sound. Technically, because Hutten wrote the original
song, he would own the publishing copyright. Because Clay wrote the melody of the song, he
would own the sound copyright.” RJ paused and looked around, seeing who, if anybody, was
still with him.
“So that’s what I’ve been signing over to Big Baby all these years? My contribution to the songs
I put out?” John asked, sincerely interested in the answer.
RJ looked around the room and everyone else was starring at him with the same type of
anticipation, clearly interested in the legalities of what they sign on a daily basis. Annoyed, but
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not entirely surprised that none of these professionals know what they’re actually doing, he
answered John’s question.
“Kind of. What you gave to the label, not Big Baby, was the copyright of the final product. The
songs you worked on were property of the label to reproduce, sell, etc. You still made money on
those pieces because of the conditions in your contract that laid out the finances of everything.
But yes, the copyright went to the label when you signed the waiver that I created and gave to
Big Baby to make sure all of his artists signed…” RJ looked over at Big Baby, still clearly
annoyed at the events that led to this meeting.
Big Baby rolled his eyes in response to RJ’s glare. “I’m not going to tell you again, that was
John’s job in this case.”
John opened his mouth to respond, RJ quickly picked up where he left off to prevent another
unnecessary blow out.
“So, Hutten and Clay would each own a copyright over this song. That means Clay has
ownership of the sound of the song, Hutten has ownership of the lyrics and original work he
created that this song is based off of. If Hutten had registered a copyright of the original song he
wrote, he would have full copyright of this song because it’s a derivative… er… a redone
version of his… song.” RJ finished, unsure how to explain what a derivative is in a way that
these three would comprehend.
“But… Why should you even get to decide that?” John asked, finally very fearful of the
outcome of this situation.
“Shut up, John. RJ knows what he’s doing. Go on, RJ.” Big Baby said and crossed his hands on
his lap, calm. He was clearly giving RJ his blessing to blow this baby up in flames and RJ
understood that.
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RJ nodded at Big Baby as everyone looked at RJ in anticipation, you could cut the tension with a
knife. In fact if someone would’ve handed RJ one, he would’ve done just that.
He took a deep breath. “So in conclusion… uhm… Hutten and Clay have copyrights to this song.
John,” RJ turned to face John directly, “I know that you heard Hutten’s song and brought Clay
in on the track, and they can definitely transfer ownership to you if they want to, but Hutten and
Clay have the copyright of this song, at least half of it a piece. I know you contributed to it, but
you didn’t create anything on it. Hutten and Clay are joint owners of the song.” RJ stopped, his
whole body tense waiting for the explosion that would be John’s ego erupting.
John didn’t disappoint. The emotional fireworks went off as everyone reacted to this conclusion.
“I should get the credit! I brought you fools together!” John started.
“There you go, trying to steal from me again! You didn’t do shit! If it wasn’t for me there would
be no real song! And I have a family to feed, I need those royalties!” Clay yelled, over John.
“Oh cry me a river, Clay! Why the Hell did I even contribute to this shit if I wasn’t going to get
anything from it?” John screamed, even louder than Clay.
“You mean showed common sense for the first time in your life and helped bring to life
something that was already good! All you can create is exploitation and broken hearts! That’s
why Darla left you!”
The madness continued and the tensions built as Hutten faded back into his corner of comfort
and RJ and Big Baby starred at each other, not really sure how to handle this one.
Suddenly there was a knock on the door, almost inaudible under Clay and John’s screams.
Hutten was the only one who heard it since he had practically inserted himself into the door
trying to get as far away as he could from the frenzy before him.
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“Uhm… guys?” No one so much as heard Hutten’s soft, monotone voice let alone turned around
to address it.
“Guys?” Hutten said, a little louder this time.
No one so much as twitched their head in Hutten’s direction. Hutten watched John and Clay
scream at each other while Big Baby and RJ got in between them, trying to avoid another
physical confrontation between the two men.
“GUYS!” Hutten yelled as loud as he could, his voice echoed across the room and all four men
turned to look at him.
“We have a visitor.” Hutten said as he opened the door wider so the rest of the room could see
who was on the other side of the threshold.
Quietly, one dainty heel at a time, Darla walked in and the room went silent.
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8. The Decision Part 2
The only person whose jaw dropped further than RJ’s was John’s. He looked like he had seen a
ghost- because he had. To him, Darla had died years ago after they broke up and after she wrote
a book trashing him for the world to read. They hadn’t spoken since.
“Okay, who’s surprised to see me?” Darla asked sarcastically. Her blonde hair was tied up on top
of her head and she was dressed in all black head to toe. She didn’t look approachable, and no
one could believe she was actually there.
The silence was piercing. Nobody knew what to say. Darla walked around and sat down in Big
Baby’s abandoned leather chair. With the rest of them standing around her, she looked up at
Clay.
“Darla…” John started
“Clay!” Darla interrupted, “You still smoke?” She asked as she pulled out a cigarette from her
pocked and stuck it in her mouth.
Clay smiled. “Oh good, you haven’t changed. He walked over and gave her his lighter out of his
pocket. She stood up and the two embraced.
“Darla…” John started again, numb from shock. RJ looked over at John, RJ had a thousand
questions for Darla so he couldn’t imagine how John was feeling.
“John, please don’t make this a thing. I just came to see what all of the fuss was about.” Darla
said while she sat back down and lit her cigarette.
“Darla, why are you here? You said it wasn’t fair of me to ask you to come help us. Don’t get me
wrong, your timing couldn’t have been better. But how come you changed your mind?” RJ asked
gently, recognizing the emotional magnitude of the situation.
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Darla took a couple puffs on her cigarette before she answered. “I told you, I wanted to see what
all of the fuss was about.”
“Darla…” John said again.
“Darla, Darla, Darla! Is that all you can say to me?” Darla snapped, her cool exterior fading.
John went silent, apparently that’s all he could say.
Darla stood up, angry all of a sudden at John’s lack of communication. This clearly was not what
she wanted by coming here.
“We had a baby, John. And all you can say is my name?” She looked him in the eye, her face
inches away from his, waiting for him to respond.
“I… I…” John was flabbergasted. He physically could not spit out words.
Darla nodded at him in defeat, turned around and began walking with purpose towards the door.
“Darla!” John yelled after her. “I’m sorry.”
Darla, still facing away from John, stopped in her tracks.
“I’m so sorry. I couldn’t handle it when we lost the baby. I know it was early on, I guess it
probably wasn’t even technically a baby yet. But it broke me. All I could do was focus on my
music, it was the only thing that helped. I know you needed me, and I know I wasn’t there. I’m
sorry.” John said, looking at her back, desperate.
“John…” Clay suddenly spoke up, watching this interaction from the sidelines. “I had no idea.”
John hung his head, starring at the ground, and turned to address Clay. “Yeah. Shit fucked me
up. You were busy being married and having kids, I didn’t want to bother you with it.” John
shrugged, not meeting Clay’s stare.
Darla turned back to the group and put her arms around John, embracing him. “I’m sorry for the
book.”
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John embraced her back and they both started crying. RJ looked at Big Baby expectantly, giving
him a “what the fuck” look. Big Baby ignored it and watched intently as John and Darla cried
into each other.
After a couple minutes they unlocked from each other. As soon as they did, Big Baby ran up and
brought them both into an embrace. “I’m so sorry, you guys.”
Watching the three reunite, RJ spoke. “You didn’t know about this Big Baby?”
“I knew about it. Darla told me the day she left, I tried to talk to John about it but he wouldn’t
say a word about it, just kept talking about the album he was working on at the time. After Darla
left, there was no getting through to him. So I played along and we kicked rock ‘n roll’s ass the
next few years. He was hurting and channeled it all into his craft. I’m not sayin’ it’s right. But it
was understandable.” Big Baby turned to John. “I’m sorry about this whole contract thing. I
shouldn’t have pushed you into a career you weren’t ready for.”
John met Big Baby’s stare. “I’m sorry I let you down. I’ve been doing a lot of that over the
years.”
He walked back over to Darla and hugged her again while she quietly sobbed into his shoulder.
This was clearly a long time coming.
“So that’s why you acted like such a… I’m sorry, but such a jack ass all of those years to me?
Because I had what you lost?” Clay asked, incredulous that he was finally understanding the
origin of a feud he’d been fighting for years.
“Man, it was just hard to be around it. I shut it all out, the possibility of ever having what you
were living. Darla left and she took that piece of me with her. And after her book came out a year
later, I stopped caring about everybody.” John admitted, his face suddenly gentle as he shrugged
at Clay.
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“I’m so sorry, John. I had no idea.” Clay said.
“You couldn’t have. I didn’t tell anybody and even if you did know I wouldn’t have ever
addressed it. I’ve been lost for a long time save for my music.” John said, rubbing Darla’s back
as she continued to cry.
“That’s why you wanted this song so badly, isn’t it?” RJ asked. “It’s all you had.”
John looked at RJ and nodded silently in admission. He kissed Darla’s forehead that was still
nestled in his shoulder. “I’m sorry, you guys. I don’t give a shit who gets this song. I need to take
Darla home and have a conversation I’ve been avoiding since 1989. That is, if she’s okay with
it.” He looked down at Darla who detached from John and looked him in the eye, her eyes still
watering. “I’d like that.”
John put his arm around her and they started walking towards the exit. When they got to the
threshold of the door, John turned around. “RJ, I’ll sign whatever documents you draw up.
Hutten can take the song. And Big Baby? Do you mind if I come in tomorrow? Talk about that
Producer career I screwed up with all of this?”
RJ looked at Big Baby who nodded. “We’ll talk. Call me tomorrow.”
John nodded back and walked Darla out of the room.
“Woah.” RJ said. “Didn’t see that coming.”
Big Baby turned and looked at him. “I can’t believe that just happened. I tried to get that to
happen for a solid year when all of this was going down, too fresh I guess for either of them to
deal with.”
“Why didn’t you ever tell me?” Clay asked Big Baby. “I could’ve…”
“You couldn’t have done anything, Clay. No one could. The kid needed to forget and Darla was
willing to let him, why wouldn’t we?” Big Baby said definitively.
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“So that’s in then?” RJ asked. “Hutten and Clay each get the copyright on the song?”
Big Baby looked at Clay and began making a case for him to get more than he was getting in this
agreement, suddenly caring about his emotional relationship to this song after understanding
John’s.
“No.” Clay stopped him. “Look at me. I have a family, a healthy wife, a bunch of kids. I got to
do the ‘fame’ thing and I got to leave it in peace. I don’t need anything more. Hutten should get
it. He’s a talented kid, he deserves a chance for everything I got. John and I had our time.” Clay
looked at Hutten, still standing in the corner, ghost white and clearly overwhelmed by everything
that he’d just witnessed. “Baton is yours, kid. Do something good with it.” Clay picked up his
coat, walked over, and shook Hutten’s nearly limp hand. Clay smiled. “Thanks guys, I’ll sign
whatever you want me to as well. Big Baby has my address, send me the documents when you
have them.” Clay walked out of the room and suddenly there were three.
“Well, you heard them.” Big Baby said. “The song’s yours. And despite this craziness, I would
really appreciate if you’d consider signing with the label. I can make you a star. I know this
wasn’t the best first impression, or attempt to whoo you into signing. But, you’ve danced with
the Devil! You can do anything now.” Big Baby walked over, put his hand on Hutten’s shoulder
and held out his hand.
Hutten starred at him in disbelief and looked over at RJ, looking like he was waiting for
somebody to call “Cut!” and tell him this was all a staged play.
RJ smiled sympathetically, he felt the same way. “I can draw up the papers tomorrow, I promise
no agreements will ever go unsigned again if you sign with this label. I think Big Baby learned
his lesson.”
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Big Baby chuckled. “That’s right, John Johnson won’t be in charge of any more documents.
Who knows if he’ll ever even want to walk into another studio again when Darla gets done with
him.”
“No.” Hutten finally said, his voice a little hoarse from standing in silence for so long. “I’ll only
sign if John’s a part of it. He really did make this song great, and he’s right. If it wasn’t for him I
wouldn’t be here. I’ll only sign with the label if he does.”
RJ and Big Baby were stunned by Hutten’s sudden assertiveness. This was not the shy,
backbone-less kid RJ had interviewed a few days before who was willing to give up his song
writing credit out of intimidation.
Big Baby smiled and slapped Hutten on the back so hard he practically fell forward. “I knew
there were balls in that little body somewhere! I’ll sign John, if he’ll agree to it, of course. Two
talents in one bargain, I’m in.”
Hutten laughed nervously and shook Big Baby’s hand. “I hope he says yes.”
“Didn’t you hear him?” RJ asked, grinning from his victory. “He wants to sign whatever we ask
him to.”
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9. Epilogue
John
“Babe, what are you doing?” John asked, watching Darla sift through the boxes of his old band
merchandise he only just recently brought himself to put away.
Darla jumped, she wasn’t expecting to see John yet, he’s typically already at the label at this
time.
Darla racked her brain for a clever lie. After five seconds of John practically starring into her
soul with those big brown eyes, she gave up.
“Honey, you can’t get rid of this stuff.” She gently walked over and put her hand on his shoulder.
“Okay, I understand everything that’s happened lately has been kind of confusing and moved
pretty quickly, but you just told me I had to move on from the past.” John put his hands on her
waist.
“And you have. You’re on your way to running the label. You’re producing amazing music.
You’ve crossed over to the dark side of contracts and sound boards. You have moved on.” Darla
said.
“Exactly, and I have you,” John said, smiling. “I don’t need this stuff anymore. It’s another life.”
“No, love,” Darla insisted, “It isn’t. It’s a huge part of you, and represents huge
accomplishments. It’s okay to be proud of and hold onto those. It should be hung up and you
should look back and be happy at this evolution of your life. It’s impressive and I want to
celebrate it.” Darla nuzzled her face into his neck, hoping he was amendable to her idea.
John gazed past Darla at the photographs behind her on the couch: All black and white, smoggy,
a rock star at its foreground. He thought about the concerts, feeling the cool air of being 10 feet
above the crowd, hearing the blaring music in his ears from the speakers behind him. Seeing the
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thousands of faces in front of him, trying to make eye contact with the one person who looks like
they need it the most, the person who’s feeling every note. That was a good time, a really good
time.
“Fine, Babe. We’ll keep it out, but not for me to reminisce! We’ll keep it out for you to
remember how awesome I am next time you get mad at me!” John said as Darla pulled out of his
embrace.
She grabbed his face and gave him a kiss. “Okay, whatever you say!”
She grabbed his hand and they started walking out of the room, she wanted to show him the old
band poster she framed for the kitchen hallway. As she started talking to him about all of her
plans for where to put the memorabilia and how the black frames of the pictures will go nicely
with the black hardwood floors of their brand new home, John smiled- realizing how much
happier he is now with her and working for the label than he ever was in any of these pictures at
the height of his fame.
Clay
The sun was setting on a clear blue night, the only sound for miles was the laughter of children
and Clay was happy. He couldn’t believe after decades touring with a band, and then living
decades almost at poverty level with his wife and four children, he was finally here.
“Feels good, doesn’t it?” His wife Katie asked from behind him. He turned around and smiled.
“Sure does,” he said.
Kate smiled back. She walked up, kissed his cheek and handed him a glass of fresh squeezed
lemonade. This was a nice life: On a ranch, with their children and grandchildren, miles away
from the noise of every day life.
Clay turned to her and raised his glass. “To John!” He said.
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Katie met his glass with hers. “To John.” She said.
Clay started laughing. It was crazy that those words were coming out of his mouth, but after
years of stealing from Clay, John finally repaid his debt to him.
“I can’t believe he set me up to write music for the label. Boy, I could never care about a
copyright again as long as I get the royalties the label gives me in exchange for it. John gets his
copyright, kind of, and I get this.” Clay looked around at his family, “I never thought life could
be this good.” Clay said, in total disbelief and gratitude that this was his reality.
“People come around,” Katie said. “He owed you.”
“And now, we’re finally even.” Clay took a big gulp of his lemonade, put his arm around Katie,
and took in the pending sunset.
Hutten
“There he is! The man, the myth, the psychology sell out of the year, my man!” Big Baby
shouted across the semi crowded bar, the one connected to the arena he was about to go to,
clearly not worried about embarrassing the blushing RJ as he took a seat at the table.
RJ smiled. “Here I am. A much friendlier introduction than I’m used to by you, by the way.
Thank you.
Big Baby belly laughed. “Yeah well now that you’re a therapist turned big time lawyer, I figured
I would buy you a man’s drink.” He pushed the glass full to the rim of clear liquid across the
table for RJ.
“First of all, I don’t drink gin. I actually don’t know anyone who drinks straight gin, man or
woman, so it’s odd that would be your drink of choice to get me. Second of all, I’m not that big
of a sell out, I’m working for your label, aren’t I?” RJ said, realizing these aren’t exactly humble
beginnings of a grounded lawyer. Essentially starting his entertainment law career with one of
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the biggest labels in the country was more akin to selling out than sticking to his morals and
caring for the less fortunate. RJ laughed at the irony.
“That’s right! I gave you your psychology business and your law career! So I’ll take that drink
back!” He reached across the table, grabbed the gin and took a hefty swig.
RJ laughed, “Well I’ll tell you what, working with rock stars isn’t as bad as I thought. Dwayne’s
been helpful helping me learn more about trademark law, too. I invited him tonight but he had to
sit in on a recording session with John, for some new kid John just discovered. He’s doing well,
huh?”
Big Baby looked away from RJ, feeling a little serious and sentimental all of a sudden. “John’s
doing great. He’s a great producer and doing better mentally and career-wise than he has in
years. So are you, you’re a much bigger asset to the label than Dwayne ever was. You got us out
of that copyright jam and helped catapult John, Clay and Hutten into the right careers. Thank
you.” Big Baby looked up and locked eyes with RJ, showing how much he meant that.
RJ smiled awkwardly, not knowing Big Baby to be a softy, or at least ever to show that side of
himself. “Hey, you reignited my passion for law and helping others. Life was pretty monotonous
a few months ago. I should be thanking you.” Both men looked away, uncomfortable with the
genuineness of their conversation.
“Hey speaking of catapulting careers, should we go?” RJ asked, ready for this love fest to
subside.
“Yeah. Let’s go.” Big Baby threw a few hundreds on the table and started walking out. As the
two men walked through the bar and into the adjoining arena, they thought about John: A
successful producer for the label and a real partner to Darla. They thought about Clay: Working
his new career from his home, writing music and selling it to other artists, every song with a
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strong sax chord he sometimes ended up playing. He was finally at peace with the strength of his
career and his family.
And as the stage lights came on and the artist came out to the applause of thousands of cheering
fans in the crowd, they thought about Hutten. Here they got to realize first hand that if you want
to find Hutten, just go to the biggest arena on a Friday night, buy a seat, watch the lights dim
while the spotlight hits the stage and watch the person whose voice is exuding the magic that
makes everyone forget about the boredom and monotony of their every days for a few,
remarkable hours.