Iron Maiden Law Suit: Redaction's from Guantlet Article
Some misinformation in our first article came from a photograph of a UK newspaper article with missing info. I also drew incorrect conclusions. Perhaps the article meant to say 6-7 lines rather than words.
The article referenced was printed on May 15, 2017 and can be read here
Barry McKay is a music publisher who is suing on behalf of Brian Quinn. There really need be no trial. The lines are verbatim for 2 whole verses in Hallowed alone. Barry McKay's Official Statement starts at the 5th Paragraph.
The news paper article said damages on the order of over 200,000 Euro were being sought. Which is a huge bargain for Maiden, considering Harris and Murray's combined net worth is 50,000,000. That is just personal net worth to say nothing of the LLC's or the UK equivalent and the entire Iron Maiden Brand and enterprise which has not only made the band rich but 100's of promoters, Record labels, Record store owners, touring companies, venues, etc.
In the official statement below Barry McKay is asking for a few hundred pounds per show. To put this in perspective: If a new band that had a combined worth of lets say 100,000 wanted to play their biggest hit it would cost them 40 cents. This is the equivalent ratio.
Why this hasn't been quickly settled at a fair amount of damages is baffling. I can only imagine in the byzantine world of businesses, managers, and Barristers, there is a propensity to invent work and to make everything of vital importance.
Before I share the Statement I need to say a couple of things. I love Iron Maiden, I am a little disappointed that they lifted lyrics and music but so be it I guess. I hope there is no more of this in their catalog. That being said, It needs to be recognized that Barry McKay is perhaps the most gracious plaintive I have ever reported on or been involved with. He is willing to reach agreement! C'mon Maiden, do the common sense, and right thing here.
A STATEMENT FROM BARRY McKAY
It’s such a shame that Brian Quinn and Steve Harris couldn’t just meet. They are both fantastic musicians and really into their music. Steve is on record as saying he’s happy to write with anyone. Brian Quinn’s Life’s Shadow is one of four songs he wrote around a similar theme and they are all terrific. If Steve Harris was to collaborate in future with Brian Quinn, they might yet go out on another platinum album.”
Brian’s music written when he was a teenager inspired a teenage Steve Harris at the start of his career. Brian could do it again with Steve and he’s such a great guy. It upsets me when music business people get in the way of the music. There’s no way I will be the one to get in the way, which is why Steve and Dave should over-rule their management if their management are advising them to go to trial against me. I will fight for Brian Quinn if have to but I would much rather see Steve and Brian meet and shake hands after acknowledging each other’s contributions to two great Iron Maiden heavy metal epics. It is ironic that I am almost always on the side of musicians against big business but in this case I am on the side of a totally honest musician against other musicians and I don’t like to be in this position. Perhaps Iron Maiden’s manager, Rod Smallwood is used to being just a little too heavy. That does not work with me.
I don't want to stop fans on the forthcoming USA tour this June and July hearing their favourite Maiden song, written by Steve Harris and Brian Quinn, and in any event, new 12" LP's, CD's, DVD's, video games, downloads and streaming all containing 'Hallowed Be Thy Name' are all still available worldwide. And EMI have just released the vinyl version of Brave New World which includes The Nomad. This will all have to be be straightened out in court, if not before.”
I really don't know what is going on with Steve Harris, or is it that he is being poorly advised by his management? Surely Steve Harris is not so greedy that he would rather deprive his fans of enjoying seeing Iron Maiden perform their most popular song than pay the actual co-writer of that song his entitlement to publishing from a performance of a joint copyright?
Do Phantom Management prefer to deprive Brian Quinn from earning a few hundred pounds per live arena performance of 'Hallowed Be Thy Name' rather than have Iron Maiden perform the song he co-wrote on the rest of their tour? I don't know. Why not ask Phantom Management? Rod Smallwood always has a lot to say. Now it’s my turn and I speak for the man who actually wrote one of Steve’s favourite songs, Life’s Shadow. Brian Quinn has never earned a penny from writing 'Life's Shadow', the song that clearly inspired Steve Harris to write 'Hallowed Be Thy Name' and earn a fortune in the process. Brian’s lyrics were taken and used by Steve Harris and his music was taken by Dave Murray and Steve Harris without Brian being even credited. Brian Quinn lives in a mobile home in Canada while the profits from Brian's work would have helped Dave and Steve pay for their wonderful lifestyle and for their various homes including those in the Bahamas and Hawaii."
Often the public performance societies, i.e. the PRS in the UK, will allow compositions to be performed while there is a dispute, but they will freeze the royalty payments until the dispute is determined or settled. There was no need for Iron Maiden to withdraw Hallowed Be Thy Name from their set.
But if they wish to do the right thing, they are welcome to contact either myself or my lawyers and reach a simple agreement to happily perform 'Hallowed Be Thy Name' during the rest of their 2017 World Tour. After all, Steve Harris' Iron Maiden have been performing 'Hallowed Be Thy Name' without crediting Brian Quinn or Bob Barton as co-writers for thirty-five years. Why disappoint their fans? I don't want to.
This can and should be resolved. Or is Steve Harris’s management that stubborn and upset at the secret deal they reached with Robert Barton a few years ago now being exposed, that they are willing to disappoint fans just weeks after Iron Maiden fans again voted 'Hallowed Be Thy Name' Iron Maiden's all-time best song? Perhaps Iron Maiden’s lawyers should have taken more care over due diligence at the time of the Barton lawsuit, to make sure Barton was the only one they had to pay. Given Life’s Shadow is credited to Brian Quinn (Ingham) and Robert Barton it is clearly just a PR exercise in obfuscation for Steve Harris’s PR people to announce that this was all settled years ago. In their dreams!
They know where to contact me and where to contact my lawyers and an arrangement, on a without prejudice basis, could easily be reached between Steve Harris and I so as not to disappoint the fans.
The music and lyrics to 'Life's Shadow' were written and completed by Brian Quinn long before Brian ever played his song to Barton…who loved it…as did Steve Harris! Robert Barton made some irrelevant changes to Life’s Shadow (none of which were copied by Steve Harris) some three years later and also changed the title from 'Lying In My Shadow'. They are both credited on the copyright. This happened because Barton loved Brian’s song and when he got a job as Beckett’s guitarist, he wanted to record Brian’s song. In order to get himself a share of the publishing, he added three rubbish lines to the end of the song and then he claimed half of the publishing. Brian had by then emigrated to Canada, where he still resides, and did not know about this. This is how they are both credited on the copyright. Brian was credited as Brian Ingham being his then professional name.
Then, in 2011, when Barton found out, as a result of online chat on Iron Maiden fan sites (which also involved Keith Fisher who was Beckett’s drummer) that Steve had used music and lyrics from Life’s Shadow for both Hallowed and The Nomad, Barton then claimed that he had written 75% of Life’s Shadow, taking in all of Brian’s lyrics and the section of music that was used in The Nomad. Sadly, Barton was desperate for money at the time and desperate people can do terrible things. The reason for Iron Maiden and Barton agreeing a secret deal may well have been because they hoped Brian Quinn would never find out and therefore would never be paid for his work.
When Barton decided to bring a claim against two members of Iron Maiden in 2011 after managing to get a Newcastle law firm to act for him on a no-win/no-fee basis, he did so because, as his emails at the time make clear, he was desperate for money. He then asked Brian Quinn to join him because he realised that he needed to involve him. He invited Brian Quinn to give up his share of the copyright but Brian refused point blank.
What then happened is that Barton then lied to Iron Maiden by saying that he was the sole author of the relevant lyrics to Hallowed Be Thy Name.
It is remarkable that Iron Maiden were willing to believe what Barton told them without even making contact with Brian Quinn. Did they ask Barton where they could find Brian Quinn? Did Barton tell them he was in contact with Brian Quinn? Did Barton tell them that Brian’s surname was Quinn, not INGHAM? Barton could probably not believe his luck. As soon as he realised that Iron Maiden were willing to believe that he was the sole author he immediately ended all further communication with Brian Quinn and proceeded to agree a secret deal. Brian Quinn had no idea Barton had been secretly paid off until September 2016.
Also, why has Barton not been named as a co-writer of Hallowed Be Thy Name and The Nomad now that Steve and Dave have settled with him? Was their deal a secret because Barton did not want anyone to know he had settled and if so, why? What does Barton have to hide? Why was the deal between them a secret?
What was Phantom Management thinking of? They certainly wouldn’t have been generous in settling Barton’s claim because they’d have known that a further claim by Brian Quinn may turn up at any time. All they really did back in 2012 was get rid of Barton and hope Brian Quinn would never appear. Brian Quinn has been repeatedly ripped off not only by his former friend Robert Barton (twice) but also by Steve Harris of Iron Maiden (twice) who admits he ‘referenced” Brian Quin’s lyrics.
Did Steve Harris and Dave Murray also ‘reference’ that lengthy section of music that was also taken from Life’s Shadow almost note for note and used in The Nomad on the Brave New World CD in 2000? “Referenced” is the act of referring to something. If Steve Harris intended to ‘reference’ Life’s Shadow, given he was indeed a fan of Beckett, he should also have also referenced the writers of that song by crediting them on Iron Maiden’s 1982 top selling LP The Number of the Beast which was a landmark release for Iron Maiden—becoming their first album to reach No. 1 in the UK Album charts and be certified platinum in the USA. Instead Steve Harris used Brian Quinn’s lyrics and took the full credit (and earnings from Hallowed Be Thy Name) for himself and his managers, without even giving the writers of Life’s Shadow a writer’s credit.
It is obfuscating the true situation for Phantom Management to simply claim, "There now appears to be a dispute between the two original writers as to their respective shares in Life’s Shadow”. When settling his claim in 2012 Barton knew very well that Brian Quinn maintained his claim to Life’s Shadow and always had done. Iron Maiden should have known that too but they never bothered to enquire (or perhaps they didn’t want to know).
‘The dispute’ is primarily between myself (on behalf of Brian Quinn) and Steve Harris and Dave Murray (as well as Imagen Music and Robert Barton) who five years ago entered into a secret agreement (which Brian Quinn and I did not know about) with Mr Barton purporting to settle this damages claim, however, like it or not, there are two writers of Life’s Shadow and in order to settle this claim Harris and Murray needed to settle with both writers. They can’t just reach a secret agreement with one of them and then hope the other writer would not find out about it. In settling with 1 of 2 copyright owners, they took a calculated risk that has clearly backfired.
As regards Mr Barton, I am indeed Barton’s music publisher and I signed him to a publishing contract back in 1976 when I also released a record for him and my company is credited as Barton’s publisher on that record label and sleeve. I am also suing Robert Barton on behalf of Brian Quinn. However, as Barton later only added 10% of the final content to the Life’s Shadow song as recorded with Beckett, my interest in this legal action as Mr Barton’s publisher would in any event be very small in comparison to Brian Quinn’s interest as original writer of that song.
The legal papers correctly claim that it was Brian Quinn who originally composed Life’s Shadow music and lyrics. The legal papers state that all Barton later did was add three lines to the end of Brian Quinn’s finished song some three years on, when Barton wanted to record the track for his new band’s first and only LP (and the lines added by Barton were rubbish lines). In so doing, I now realise that Barton took a 50% writer’s credit at that time without Brian Quinn’s knowledge or agreement. Furthermore, the legal papers correctly allege that on discovering in 2011 that Iron Maiden had used lyrics and music from Brian Quinn’s original song, Barton then secretly informed Iron Maiden that he had written 75% of the song. This is matter of record with The Performing Rights Society who have provided this information.
This is Brian Quinn’s statement : ‘Brian Quinn insisted today that all of the lyrics copied by Steve Harris for Hallowed Be Thy Name and all of the music copied by Steve Harris and Dave Murray for The Nomad were written and composed by him and that none of it was composed by Robert Barton.”
‘It is incorrect for Iron Maiden’s publicist to claim, "There now appears to be a dispute between the two original writers as to their respective shares in Life’s Shadow.”
‘The dispute is between myself (on behalf of Brian Quinn) and Steve Harris and Dave Murray who five years ago entered into a secret agreement (which Brian Quinn and I did not know about) with one of the two writers credited for writing Life’s Shadow, purporting to settle this damages claim, however there are two writers of Life’s Shadow and in order to settle this claim they needed to settle with both writers, they can’t just reach a secret agreement with one of them and then hope the other writer would not find out about it.’
‘As regards the writer who, according to Iron Maiden (secretly) settled the claim, Robert Barton, I am indeed Barton’s music publisher and I signed him to a publishing contract back in 1976 when I also released a record for him. I am also suing Robert Barton on behalf of Brian Quinn. The legal papers claim that it was Brian Quinn who originally composed Life’s Shadow music and lyrics. The legal papers allege that all Barton did was add three lines to the end of Brian Quinn’s finished song some three years later when he wanted to record the track. In so doing, Barton took a 50% writer’s credit without Brian Quinn’s knowledge or agreement. Furthermore, the legal papers allege that on discovering that Iron Maiden had used lyrics and music from the song, Barton then secretly informed Iron Maiden that he had written 75% of the song. I am personally in no doubt that Brian Quinn wrote all of the lyrics copied by Steve Harris. I am very familiar with Barton’s lyrics to his other songs, being his publisher since 1976. Barton’s lyric’s are all ‘pop’ and simplistic while Brian Quinn’s tend to be deep and dark.
Barry McKay added, ‘If Steve Harris and Dave Murray think they have settled the claim for taking lyrics and music from Life’s Shadow by having secretly paid off Robert Barton, they are sadly mistaken. They may as well have paid off Mickey Mouse.”
“I managed Barton for a year or so back in 1975 some months after he had walked out on Beckett. Geoff Docherty, the 1960’s/1970’s North-East of England’s own version of Bill Graham and a really terrific guy advised me to avoid Barton but unfortunately, a 21 year old Barry McKay, who thought Barton was the most fantastic guitarist (and he was) did not listen. Managing Bob Barton was the worst experience of my life…but that is all in my forthcoming book. Meanwhile, Geoff Docherty has already written and published two books, ‘Three Minutes of Magic’ and ‘A Promoters Tale: Rock at the Sharp End” which are well worth reading and which talk about Barton.”
This entire statement has been cleared by my lawyers, EVERSHEDS SUTHERLAND (INTERNATIONAL) LLP and I take full responsibility for it. That is the reason I am taking Barton, along with Steve Harris, Dave Murray and Imagen Music, London Ltd to the High Court in London. I am fed up with Phantom Management and their expensive publicists putting out misleading information. Hence this statement.
The final two verses of Brian Quinn's 'Life's Shadow':
Mark my words my soul lives on
Please don't worry, coz I've gone
I've gone beyond to see the truth
While I consider my new youth.
When your time is close at hand
Maybe then you'll understand
Life down there is just a strange illusion.
The final two verses of Iron Maiden's 'Hallowed Be Thy Name':
Mark my words believe my soul lives on
Please don't worry now that I've gone
I've gone beyond to seek the truth.
When you know that your time is close at hand
Maybe then you'll begin to understand
Life down here is just a strange illusion.