Dave's Song of the Day
Bittersweet Symphony – The Verve
Tuesday song of the day: Today’s song was the subject of a long dispute over credits for sampling an older work.
In 1997 English band The Verve released their third album,
Urban Hymns. Included on the album was the song
Bittersweet Symphony, which was released as a single. It proved to be a big hit, reaching #2 in the UK, and placing at #12 on the US Billboard Hot 100 chart. It sold almost 1.3 million copies in the UK alone.
While
Bittersweet Symphony is a fine song with an iconic video, I will be focusing on the controversy surrounding the rights to the song. Richard Ashcroft of The Verve wrote the song with a short segment of
The Last Time by The Andrew Oldham Orchestra as a recurring theme in the music. The Verve duly got permission to use the sample and made arrangements to license the snippet of music for use on their record. Or so they thought.
The Andrew Oldham Orchestra was a side project of Rolling Stones manager and producer Andrew Loog Oldham, and in 1965 he made an album that consisted of instrumental covers of Rolling Stones songs called
The Rolling Stones Songbook. This is the record that The Verve sampled.
They cleared the sample with Decca Records, who held the rights to the 1965 recording. Unfortunately, Decca did not hold the copyright to the music itself. That was owned by former Rolling Stones manager Allen Klein. After the song was released, Klein sued The Verve for plagiarism. Originally, the band agreed to pay Klein 50% of the royalties for Bittersweet Symphony for the use of the six notes that were repeated in the song. Once it became clear how big of a hit the song was, Klein insisted on 100% of the royalties.
For many years, The Verve made no money from their biggest hit record. Instead, all royalties went to Allen Klein, and Mick Jagger and Keith Richards received songwriting credit for
Bittersweet Symphony. In 2009, Klein died and the rights became the property of his son, Jody. Ten years later, The Verve and Jody Klein reached an agreement. Ashcroft regained the rights to further royalties generated by his song, although the past royalties already paid to the Kleins would be unaffected.
Additionally, Mick Jagger and Keith Richards – who never cared about the supposed plagiarism in the first place – relinquished any claim for songwriting credit to
Bittersweet Symphony. Finally in 2019, the song became the property of The Verve and Richard Ashcroft again, after more than twenty years of turmoil.
The Last Time, Andrew Oldham Orchestra, 1965
Tomorrow: I’ll remember the nights in the cool sand