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Taxman, Paperback Writer

Taxman, Paperback Writer

Come Together Bruce Spizer: ,

Paperback Writer

By E. Phelps Gay

322 February / March 2011 hen arrived Gershwin, Harold Arlen, Cole Porter and at John F. Kennedy Inter- Johnny Mercer, to name a few. When all national Airport in New the stories of their Liverpool childhoods, York City on Feb. 7, 1964, their happy or unhappy marriages, and theyW were asked: “What do you think of their internal jealousies and dramas have Beethoven?” slipped from view, the music will be there, “Great,” Ringo responded. “Especially and it will live on. Their gift for melding his poems.” lyrics and melody, and their singular tal- And they were off. At the time, if you ents as singers and players, will bring joy were 11 years old (as I was) or 8 (as Bruce and pleasure to music lovers everywhere Spizer was), your world had already been and forever. rocked. Before the end of the year, no What does all this have to do with the fewer than six Beatles’ would climb Louisiana Bar Journal? Only that we to #1 on the Billboard charts: I Want to have among our ranks one lawyer who, Hold Your Hand, , Can’t when not practicing in the field of tax Buy Me Love, , A Hard Day’s and estate planning, writes books about Night and . With due respect to The Beatles and knows more about them Elvis, whom The Beatles adored, he had than possibly anyone on the planet. So been completely eclipsed by the four lads minutely knowledgeable is this Beatles David (Bruce) Spizer from Liverpool. They were everywhere scholar-historian that he was asked to and, not only were they hugely popular, compose all of the questions contained Records on Vee-Jay (1998); The Beatles’ their music was good. in The Beatles’ Trivial Pursuit game. I Story on — Part One: How good? I’m not sure anyone really thought I knew a little bit about the Fab The Singles (2000); The Beatles’ Story knew at the time. It is one thing to take Four until my daughter started asking me on Capitol Records — Part Two: The the pop world by storm with a few big questions from this game, particularly (2000); The Beatles on Apple hits; many have done it and promptly in the category, The Beatles in America. Records (2003); The Beatles Are Com- faded into oblivion. It is quite another Questions like: ing! (2003); The Beatles’ Solo on Apple to keep that storm brewing and roiling, Records (2005); and The Beatles Swan year after year, after album, with What type of vehicle did The Beatles : “She Loves You” & Other Records increasingly innovative music and lyrics, take to their Philadelphia concert on their (2007). has described to the astonishment of listeners around the final U.S. tour to avoid detection?1 his books as containing “a wealth of detail globe. After the first wave of hits, which about the Beatles American recordings caused American teenage girls virtually Who in the world knows this stuff? The and their first visit to the United States, to scream their lungs out, The Beatles in answer is David “Bruce” Spizer. touching on everything from contracts their studio proceeded to In his lawyer life, Bruce Spizer prac- and lawsuits to promotional materials, produce and Norwegian Wood, tices tax law and estate planning and ad- all richly illustrated.” Yesterday and In My Life, ministration from his office in downtown In addition, Bruce has served as con- and Taxman, You’ve Got to Hide Your Love . By all accounts, he has sultant to EMI for its CD releases of The Away and , A Day in enjoyed considerable professional suc- Beatles’ catalog. A frequent speaker at the Life and Dear Prudence, Blackbird and cess, not only satisfying clients but also Beatles conventions, he has given presen- Julia, Strawberry Fields and , serving as president of the New Orleans tations on Beatles history, accompanied by to (let’s face it) not even begin to scratch Estate Planning Council and offering music and video, at the Lincoln Center, the the surface of their musical mother lode. frequent lectures on retirement plans and New Orleans Jazz and Heritage Festival, Who could have predicted it? other topics. Board-certified in tax law and the Rock and Roll Hall of Fame. He Time, they say (and they are right), and in estate planning and administration, is currently working on a new book about brings perspective. With the passage of Bruce is also a non-practicing certified Beatles’ records produced on their British time, it is clear that the Lennon-McCa- public accountant. label, . rtney songbook withstands comparison But his role as Beatles aficionado is Recently, I spoke with Bruce about with those of the great American song- what caught my attention. To date, Bruce his obsession. writers of the 1930s and 1940s — George has written seven books: The Beatles Continued next page

Louisiana Bar Journal Vol. 58, No. 5 323 Journal: Tell us a little bit about your Journal: When did first Spizer: Feb. 9, 1964. That Sunday background. come to your attention? evening was the largest television audi- Spizer: I’m from New Orleans. I went Spizer: I was 8 years old, riding on the ence ever. Seventy-three million people to Newman School for 13 years. After that, Newman school bus. Our driver, Hawkins, watched — a record not beaten until, if you I went down the street a couple of blocks to used to play the Top 40 station, WTIX. adjust for population, the final episode of , where I got a joint BA I heard this song, I Want to Hold Your M*A*S*H in 1983. And that record was (in economics) and MBA (concentrating Hand. It grabbed me and, at the end, the not beaten until the Saints beat the Colts in finance). I graduated from Tulane Law disc jockey mentioned it was by a British in Super Bowl XLIV, a game watched School in 1980. I practiced law at Stone group called The Beatles. I kept hearing by the largest television audience ever Pigman for about three years, spent a year their music and persuaded my mother in America.2 working with a solo tax practitioner, and to take me to Studio A, a record store in then went out on my own. Lakeview, to buy my very first album, Journal: So The Beatles made three Meet the Beatles. I still have that. appearances? Journal: Did you find firm practice Spizer: Yes. The following week, they not particularly to your liking? Journal: Was this pre- or post-Ed played from the Deauville Hotel in Mi- Spizer: I think it was in my blood Sullivan show? ami Beach. We’ll get to that in a minute. to be on my own. My grandfather, J.D. Spizer: Right before Ed Sullivan. A And the next week Ed Sullivan played Dresner, and his nephew, Meyer Dresner, lot of people think they didn’t hear about a couple of songs which had been taped were solo practitioners. Over the years, The Beatles until Ed Sullivan, which is while they were in New York. Sullivan I’ve seen their names when reviewing not true. The Beatles were dominating tried to create the illusion the show was titles and successions. It’s worked out well radio for weeks leading up to the Ed live, but Beatles’ fans knew the group had because, if I was with a major downtown Sullivan show. already left America. firm, I don’t think they would approve of me spending so much time working on Journal: When were they on Ed Journal: What do you think of the Beatles’ projects. Sullivan? theory that The Beatles helped America

324 February / March 2011 recover from the Kennedy assassina- asked, “Walter, what can you tell me there moved out and I spent Super Bowl tion? about those bugs or whatever they call weekend in room 1219. Spizer: It bothers me when I read themselves?” books that say The Beatles were popular I told Mr. Cronkite, “I don’t doubt that Journal: Great story, plus the Saints in the U.S. because young people were conversation took place, but Ed Sullivan won the Super Bowl. despondent over the death of President booked The Beatles on Nov. 12, at a time Spizer: Yes, and I got to see the space Kennedy. I was 8 years old and, as much when they were unknown in America. He shuttle lift off the next morning at 4 a.m. as it affected me, I wasn’t going to be was taking a chance. A month later, he from the balcony of my room at the depressed for several months. Did The was watching you end the CBS Evening Deauville. It was an orange dot heading Beatles lift our spirits? Of course, but it News with a story on The Beatles. He up and away over the Atlantic. To cap it wasn’t cause-and-effect. If that were true, was excited and wanted to know what off, two guys from BBC Radio came to how do you explain The Beatles’ popular- you could tell him about the group he see the hotel manager about The Beatles’ ity in Germany, Japan, Sweden and other had already booked.” stay at the hotel in 1964. The manager countries? Interestingly, CBS ran a five- called me and said come down to the minute story about The Beatles on the Journal: Did Ed Sullivan really call lobby to talk to these guys; you know more morning Kennedy was assassinated. the group “those bugs?” about it than I do. So I was interviewed Spizer: He was notorious for for- by the BBC. Journal: Really. getting the names of acts on his show. Spizer: On Nov. 16, 1963, The Beatles One time he introduced The Supremes Journal: You’ve become such an were filmed in Bournemouth, England, by by saying, “And here they are, ladies authority. Is this something you decided the London bureaus of all three American and gentlemen, The Girls,” because he to do right away — learn every detail you networks. The CBS Morning News with couldn’t think of their name. could about The Beatles? Mike Wallace ran the story on Nov. 22, Spizer: I think I was always interested 1963. Researching my book The Beatles Journal: What’s the story with the in more than the music itself. My first Are Coming!, I called Mr. Wallace to see Deauville Hotel? album, which I stole from my sisters, was if he had any recollection of this, and he Spizer: In October 2009, I felt the The Coasters Greatest Hits. I remember did not. He said, “You know what hap- Saints were good enough to make the reading on the liner notes that most of the pened that day, don’t you?” Super Bowl. So I decided to book a room songs were written by Jerry Leiber and The Beatles’ story wasn’t re-run that at the Deauville Hotel in Miami Beach, Mike Stoller. I thought that was really night for obvious reasons, but the CBS because that’s where The Beatles stayed cool. When I got Meet the Beatles, I saw Evening News with Walter Cronkite ran in 1964. I requested room number 1219. that most of the songs were written by John it again on Dec. 10, 1963. When I inter- When I got there to check in, they had Lennon and Paul McCartney, who were in viewed Mr. Cronkite about this in 2003, given me a room on the 10th floor. I the group. In those days, most recording he said with all the sad news he thought pointed out that I had requested room 1219 artists did not write their songs. it would be nice to end the program with and wanted to know if it was available. a light-hearted story. They said someone else was staying there Journal: I notice on some earlier Mr. Cronkite was under the impression and asked why I wanted that room. I said songs, like Please, Please Me, the song that Ed Sullivan first heard of The Beatles Paul and Ringo had shared that room back writing was credited to McCartney- as a result of this Dec. 10 broadcast. I in February of ’64. Lennon, but by Meet the Beatles, it was had to tell him he was wrong about that. The person at the hotel desk said no, Lennon-McCartney. Because I had access to Beatles’ manager The Beatles stayed on the 11th floor. To Spizer: The agreement was that all ’s appointment book, I knew which I replied no, you’re wrong, they the songs would be credited as Lennon- Sullivan had already met with Epstein on were on the 12th floor. McCartney, but apparently [Beatles’ Nov. 11 and 12. Mr. Cronkite then said it At this point, I got out my copy of The producer] , when he was was possible CBS ran its Beatles’ story Beatles Are Coming! and, pointing to a doing the label copy for the Please, Please before that meeting. I told him the Mike page, asked, “What do you see here?” The Me album, had it showing McCartney- Wallace story aired on the morning of Nov. clerk said, “Oh my God, it’s a Deauville Lennon. John wasn’t terribly happy about 22. Since it contained footage from The hotel bill from 1964.” The name on the bill that, and I guess he informed George Beatles’ performance in Bournemouth was James Paul McCartney of Liverpool, Martin that in the future it had to be on Nov. 16, it could not have been aired England. The room number? 1219. Lennon-McCartney. prior to Ed Sullivan meeting with Brian The manager came over and said he Epstein. was excited to have the correct informa- Journal: Because it’s fair to say John Mr. Cronkite said, “Well, clearly, I’m tion. He asked if he could have a copy of started the band. wrong,” but he distinctly recalled get- the book. I said he could, but he would Spizer: Yes. ting a call from Ed Sullivan as soon as have to put me in room 1219. He said he he went off the air on Dec. 10. Sullivan would take care of it. Whoever was in Continued next page

Louisiana Bar Journal Vol. 58, No. 5 325 Journal: But back to the story of your to record dealers. I learned that The Beat- press person, Diana Thornton of Crescent developing this obsession. les’ initial records in America came out Music Services, and we lined up a printer Spizer: What got me doing the books on the Vee-Jay label from Chicago, an (Harvey Press) and I published it through is kind of a crazy story. I had successfully R&B company, and later they came out my own company, 498 Productions. settled a class-action lawsuit — an ERISA on Capitol. So I thought these companies case where the retirees of a shipping com- must have sued each other. Through Journal: Was it reviewed? pany had their pension plan terminated. Internet research, I learned there were Spizer: It got rave reviews. After it They had been given certain annuities, four different lawsuits involving Capitol came out, people asked, “When is the but Executive Life went into receiver- and Vee-Jay, two in New York, one in Capitol book coming out?” When that ship and the retirees’ benefits were cut in Chicago, and one in Los Angeles. I got the book got to be about 400 pages, I realized half. I was able to work out a settlement complete case records, and I got the idea I was going to have to split it into two restoring their benefits roughly to what of writing a book about Beatles’ records books. Then, even before that book came they would have been. on this R&B label, Vee-Jay. out, people said you have to do a book on This was in 1995. I had put in four the , because we love Abbey years of hard work on the case and gotten Journal: So you’re telling me that up Road and The White Album. a substantial fee for my efforts. Around until the resolution of this class-action case that time I noticed — and this could only in 1995, you were a normal person. Journal: How did The Beatles Are happen in New Orleans — that roaches Spizer: Not really. Coming! get started? had eaten the spines of the album jackets Spizer: At a record show in Pasadena, to almost all of my Beatles’ albums. (They Journal: What happened? I met a woman, Betty Chappetta, who left Meet the Beatles alone.) I knew I was Spizer: I realized that no publisher had provided me with all these wonderful going to have to replace these records. I would fund a book like this, so I decided documents on Vee-Jay Records. She had thought, well, I have some disposable to write and publish my own book. There bought the company out of bankruptcy and income, I’d like to get the very first press- was a Beatles convention nine months had put its records in storage. I purchased ings of these records, not later pressings. away, so I wanted to get the book done in those documents in order to write the I started doing a little reading and spoke those nine months. I worked with a pre- Vee-Jay book in 1998.

326 February / March 2011 Later on she called and said she had records. In turn, Vee-Jay sued Capitol Journal: I should have known you’d another box of documents. Would I be in New York claiming it had a five-year know. interested in seeing them? I said, of agreement with, and exclusive rights to, Spizer: There are a few songs on course. In those records, I came across a The Beatles. Vee-Jay’s attorney, rather which he doesn’t play drums. On Love telegram from Vee-Jay Records that said than filing an answer to Capitol’s suit for Me Do and P.S I Love You, Andy White is Please, Please Me by The Beatles would preliminary injunction, simply attached a the drummer. Ringo also doesn’t play on be released on Feb. 7, 1963. Until then, I copy of its New York lawsuit. The judge Back in the U.S.S.R. and Dear Prudence. had never been able to determine exactly held that, in a preliminary injunction, if He had briefly quit the group, so Paul is when that single was released in America. you don’t deny an allegation, the court the drummer. Paul also plays drums on It struck me that The Beatles landed in has to accept it as fact, so the judge The Ballad of John and Yoko. America on Feb. 7, 1964, exactly one granted Capitol’s motion for preliminary year later. During the plane ride back to injunction against Vee-Jay. Had Vee-Jay’s Journal: Your favorite Beatles’ New Orleans, I envisioned opening the attorney merely denied the allegations, songs? book arriving in America the preliminary injunction would have Spizer: My favorite song that was a big on Feb. 7, 1964, seeing themselves on been denied. hit is Hey Jude. My favorite well-known the CBS Evening News that night, with album track is In My Life. And I like Across Walter Cronkite saying, “And that’s the Journal: I notice you were recognized the Universe — great lyrics. way it is, Friday, February 7, 1964.” Then, when Capitol issued a “re-mastered” set I was going to bring the reader back one of Beatles’ albums on CD. How did that For more information on Bruce Spizer year earlier, when The Beatles’ first single come about? and his books, go to: www.beatle.net/ was released in America to absolutely no Spizer: I met someone who worked at brucespizer.html. He is prodigiously attention. I would tell the story from then Capitol at a Beatles convention. He said, knowledgeable about the greatest rock until the day they arrived a year later, and “I’d like you to meet my bosses.” I’m band ever. His story offers further proof (if continue on through the rest of their first talking to the number two, or three, person any was needed) that lawyers, by no means U.S. visit. in the Capitol building in Los Angeles, excluding those who crunch numbers and and, on his coffee table, are copies of my administer estates for a living, tend to be Journal: Which is what you did. Capitol book. They asked me to serve as interesting people. Put another way, A Spizer: Yes, and I was able to get a consultant and to write an essay for the Day in the Life of a Taxman may reveal Walter Cronkite to write the foreword second volume of records they re-issued. someone who is a . to the book. Since then, I’ve been doing consulting for EMI and Capitol Records. FOOTNOTES Journal: Were there any interesting legal issues arising out of the dispute Journal: Looking back, do you think 1. Answer: A florist truck. between Vee-Jay and Capitol? it was predictable that The Beatles would 2. This was true up until Feb. 6, 2011, when the Spizer: As I mention in the book, if a mature into such great and Packers beat the Steelers in Super Bowl XLV. lawyer had not committed malpractice, musicians? this small R&B company would have Spizer: Even in their early songs, E. Phelps Gay has had the rights to The Beatles. there was some great songwriting. Had practiced law for 31 they not progressed, some of their early years at the firm of Journal: How so? songs would be considered pop classics. Christovich & Kearney, Spizer: In the five-year licensing The fact is they were able to progress, L.L.P. He also is affiliated agreement for Please, Please Me and and they started adding in different in- with the mediation firm of ADR inc. He obtained , a New York attorney gave struments and getting away from simple his undergraduate Vee-Jay a right of first refusal for Beatles’ love songs. degree from Princeton masters during the contract period. But be- University in 1975 and cause Vee-Jay’s president had embezzled Journal: Let me test you with some his JD degree from money from the company, it was unable Beatles’ trivia. Can you name the two Tulane Law School in 1979. He is a member to pay royalties to EMI that amounted to Beatles’ records on which Ringo . . . of the Louisiana State (1979) and Texas (1993) Bar Associations. He served as president of only about $700. Spizer: Doesn’t play drums? the Louisiana State Bar Association during the When Capitol Records started having 2000-01 term. (Ste. 2300, 601 Poydras St., New success with The Beatles, Vee-Jay decided Journal: No, on which he does a drum Orleans, LA 70130) to issue an album entitled Introducing the solo, and on which he does a drum roll? Beatles. Capitol immediately filed a pre- Spizer: Well, he does a drum roll at liminary injunction in Chicago to enjoin the beginning of . Vee-Jay from distributing any Beatles’ His only solo is on The End.

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