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Home , Bruce Springsteen, Mick Jagger

Backstage with Rock N. Roll, Esq.

By M. Kelly Tillery ecently, in my dentist’s office, amongst old People magazines, coincidentally, just as I began my legal career. I ran across the November 2009 (#1092), As luck would have it, the celebrating the 25th Anniversary of the Rock and Roll Hall of originator and leader of this R nascent and booming industry, Fame, featuring a superb cover photograph of rock legends , Winterland Productions, of and . Although I was the drummer for a short- San Francisco, was represented by Michael L. Krassner, an lived garage , “The Coldwater Conspiracy,” I never made “the old friend of the partner who cover of Rolling Stone,” (Dr. Hook and the Medicine Show), though had brought me the Black Sabbath file. The incredible and I did once get a Letter To the Editor printed (RS 9/8/88); however, I rapid success of the business have represented more than 50 artists who have, including those three – inevitably attracted imitators, those who sought “to reap where Michael Phillip Jagger (Mick), Bruce Frederick Joseph Springsteen (The they had not sown,” – known in Boss) and Paul David Hensen (Bono). the industry, euphemistically, as “bootleggers.” At virtually In 32 years of my -based, intellectual property every concert around the practice I have represented almost every top musical artist one country, young men carrying bags or bundles of counterfeit can imagine, from Meatloaf to , T-shirts bearing the names and trademarks of the artist(s) then to , to and scores of others. As a playing in the nearby venue would roam the parking lots selling frequent client, The Grateful Dead, would say, “Oh, what a their fake wares to eager, bargain-hunting concert-goers. Such long, strange trip it has been.” faux items were less expensive and of lesser quality than the I am often asked, especially by law students and young authentic wares sold only inside the venue. The bootleggers lawyers, “How did you get such an interesting practice?” “And did not pay license fees, taxes, vendor fees or, for that matter, how can I get in on it?” Well, first, it was not a result of my legal fees. Each illegal sale made outside meant one less sale of drumming skills. I am no Keith Moon or Stewart Copeland. the legitimate goods inside, thus depriving the concessionaire, Though I did see Keith play (and the merchandising company, and the destroy) his drums in 1968 and later artist(s) of substantial revenue. represented The Who and . I have represented Since it was not unusual for bands to No, my career move into the make on tour as much, and sometimes strange world of rock’n’roll law more than 50 artists more, in merchandising revenue as in came, as such things often do, ticket revenue, something had to be entirely fortuitously. I was a young who have, including done. In early 1979, Krassner initiated associate in a storied Philadelphia those three – Michael a legal strategy to enforce the rights law firm handling a wide variety of of Winterland’s artist-clients seeking litigation matters. Sure, I had studied Phillip Jagger (Mick), and securing injunctions with orders copyright law at Penn and still liked of seizure to prevent the sale of to play my drums, but I did not have Bruce Frederick counterfeit merchandise. any interest in or opportunity to use While most know that Philadelphia these experiences in the legal arena Joseph Springsteen has a special place in the pantheon of and never expected to do so. (The Boss) and Paul – American Bandstand, Opportunity knocked one day. The Philadelphia Sound, , A partner came into my office and David Hensen (Bono). etc., few know that it has also been said, “Hey, I heard you are a bright the hotbed of music merchandise guy and a drummer. Can you handle counterfeiting. Perhaps it is because a trademark case for Black Sabbath?” Imagine my surprise of its central east coast location and/or its plethora of and delight. “Of course,” I said. So he dumped a file on my enterprising and less-than-savory characters. desk and left. I passed the bar in October 1979 and in 1980, secured my I knew nothing of trademark law. But, a fast learner, I first such order to protect Black Sabbath. Originally, we had knew an opportunity when I saw one. Black Sabbath had to secure individual orders in every city where a band played. only recently fired Ozzy Osborne due to his substance abuse However, we soon developed two innovative injunctions that problems. Curiously, I would later represent Ozzy after he were less costly and more efficient. We secured many facility/ made a comeback courtesy of his new manager, and later, venue permanent injunctions and seizure orders in the name wife, Sharon. of the venue concessionaire. Such an order could be used to This was 1980, the beginning of the rock merchandising protect the sales of merchandise of any performer(s) appearing revolution. Although Elvis and had exploited their in the venue. And we created the permanent tour injunction names and likenesses, the explosion of rock merchandising, and seizure order to protect an artist on an entire tour. Both particularly T-shirts, did not occur until the late , worked well and soon became industry standards.

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Based on repeated successes, I became national litigation was tragedy, too. I represented Bruce Springsteen many counsel for Winterland. This required me to travel around and was backstage at The on Dec. 8, 1980, country with scores of artists on tour seeking court orders in the night was killed. Bruce was on stage and more than 35 states. While my experiences hardly rival those about to come off when we heard the sad news. , of (“I’m With the Band”), or Cameron Bruce’s manager, insisted that no one say a word to Bruce or Crowe (“”), I had some interesting adventures the band since they had to play two encores. So the backstage “on the road.” entourage had to watch Bruce and the band come off their Although I was to represent The Grateful Dead many times concert high with smiles, and high fives and down Gatorade over the years, the first time produced the most interesting while a couple of dozen people stood around somberly, some encounter. In 1980 Jimmy Carter was seeking re-election and trying to hold back tears. Twice. After the second encore, The Dead were playing several dates at The Spectrum. Carter Landau pulled Bruce aside, put his arm around his shoulder was soon to visit Philadelphia and several of his clean cut, and walked him down a hallway. As they receded into the young advance men were in town staying near The Dead at the bowels of The Spectrum, we watched Bruce slump when told. Warwick Hotel. The Dead invited them backstage and to the The next night, Bruce dedicated his show to Lennon saying, after-party. Late that night, after securing all the confiscated “Without him, we would not be here.” counterfeit Dead paraphernalia, I joined The Dead, the Carter I had been a lawyer less than a year and I was representing men and other associated hangers on and groupies at the party. “the future of rock’n’roll” on “the night the music died.” As the only attendee in a suit, I stood out as much as the There was tragedy on yet another night. I was representing Georgia boys. While chatting with them about the campaign, and The Grateful Dead at a huge JFK Stadium I noticed some activity on a nearby coffee table that was not show in 1987. Unbeknownst to all, this was to be the last entirely legal, and it was not trademark counterfeiting. As event held in this legendary Philadelphia venue. Even though a good Democrat, I quietly suggested that it might not be a another client, , were to play there soon good idea for them to remain. They downed their beers (not thereafter, the crumbling condition of the stadium prompted “Billy Beer,” as I recall), thanked me and took off, avoiding a then-Mayor Wilson Goode to close the facility permanently. potential scandal. Just the year before, a special counsel had But that was not the tragedy, at least not the human one. been appointed to investigate whether Carter Chief of Staff The man who “discovered” Dylan (and many others), John Hamilton Jordan had sniffed cocaine at . H. Hammond of , died that day, July 10, It was not all sex, drugs and rock’n’roll, however. There 1987. As I sat backstage with my security team cooling off,

28 the philadelphia lawyer Spring 2012 I had been a lawyer less than a year and I was representing “the future of rock’n’roll” on “the night the music died.”

everyone, even the crew, was crushed rock’n’roll. I saw hundreds of incredible Garcia’s approval, I brought it to the up against the stage as The Dead were performances, usually from only a few attention of Krassner who notified finishing up their last of one of their feet away. And once I even got to sit Harold Kant, The Dead’s personal legendary, never-ending encores. We in on the drums with the instrument counsel. Kant secured a licensing were virtually alone as a trailer door techies from Oasis. Heady stuff. deal that is, I understand, still a large opened behind us and a man stumbled Lawyers representing famous source of revenue for the Garcia Estate. out and almost fell on my security people have the added perk of frequent “Cherry Garcia” has long been and man, startling him to the point that he and widespread publicity. As my remains the number one selling Ben & reacted with raised, clenched fist. I country-lawyer father always says, Jerry’s flavor. quickly restrained him as I recognized “For a lawyer, any publicity is good I spent a large part of my first 20 it was Dylan himself. As a roadie publicity, as long as they spell your years of my law practice servicing whisked Dylan off, I realized that he name right and the word ‘indicted’ is this industry. But like most things, it was distraught at the loss of not in the same sentence.” From The changed, much of the work became his mentor. I am glad I did not have Legal Intelligencer to The National commoditized, and I moved on to to explain how my famous client had Law Journal, from local network TV protecting intellectual property rights come to get a bloody nose courtesy of affiliates to live with Bob Schieffer at of clients in a myriad of other, mostly my security. Live Aid on the CBS Morning News, more high-tech industries. But I will With JFK Stadium condemned, The I received a lot of press. One reporter always think fondly of my time in the Rolling Stones had to quickly, and gave me the moniker “Mr. Search and world of rock’n’roll. at considerable expense, reconfigure Seizure.” their stage for Veterans Stadium. As Finally, I played a small part in the M. Kelly Tillery ([email protected]), with all tours, the band had insurance “Cherry Garcia” story. When Ben & a partner with Pepper Hamilton LLP, is with a “no play” clause to protect Jerry’s Ice Cream first came out with a member of The Philadelphia Lawyer from the expense of such unexpected this flavor without securing Jerry Editorial Board. occurrences. Lloyds of London refused to honor the claim and I was engaged by The Stones to sue. The matter was ultimately resolved amicably, prior to Mick having to be deposed. But I did get a kick out of having the phone number of his on the island of Mustique. Yes, there were lots of groupies, too. I will always remember the one who ran naked backstage insisting she had to see Jerry Garcia. When someone asked me what to do, I gave him a counterfeit T-shirt, told him to put it on her and escort her out. I don’t know if she ever found Jerry. And there, of course, were drugs. I remember fighting to avoid a contact high from vast clouds of smoke backstage at a Lynyrd Skynyrd concert in Saratoga Springs, N.Y. Roadies were amused when I told them I had once worked for President Nixon’s National Commission on Marijuana and Drug Abuse – as a youth consultant, not a “tester.” And there was lots of amazing

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