Donald Fagen v. The Estate of Walter Becker

It may be tacky but I find the inside workings and agreements fascinating. I know I'm in good company given the number of eyes on this thread.

My interest as a fan is tied to two fronts:

1. Touring- Fagen being able to as Steely Dan is important. That name allows him to tour in nicer venues, and higher priced musicians. Although in the past few years the brand's value in the touring marketplace doesn't have the same cache and draw as they continued to play more and more markets again and again. The venues have gone from top end sheds with 10K + draws to smaller regional markets and casinos. That said it's obviously a valuable property and DF's only source of big money. Fagen solo gigs don't have the pull, although one could argue his approach in hiring younger upstarts to manage labor costs for the solo tours recently may lead to more interesting/engaging music. I haven't heard either of the touring bands recently to compare the two and have an opinion on which is preferable, I do know the more. It's very clear than DF is a reluctant party in this whole deal. He doesn't enjoy touring but obviously is on the road to meet his life costs. It worth considering before this millennium, artists of his generation had no reason to believe that that their primary income and planned source of retirement would evaporate with the collapse of physical media. We benefit as fans to a point, with a steady supply of opportunities to see our favorites, but at some cost when their heart is certainly in a different place than it would be if they weren't put in the position of the ageing, reluctant artist on tour.

2. Reissues of previously released & released of un-issued work. As a fan, if there are fewer cooks & a less complicated approval(s) process for projects it's very clear the fans win. If this suit goes pear shaped and for some reason Becker's heirs win or get a partial victory/say in the brand, the fans will almost certainly lose. The acrimony between the two principles will no doubt poison the well, and make future releases all but impossible. Given the diminished market for physical release to begin with, I doubt Fagen would want to deal with the stress and legal expenses of ever dealing with Walter's family when the real money is out on the road. Conversely if Fagen wins a clear decision, this could open things up for fast tracked re-issues of classic Dan. The end result many of us care most about: AAA reissues from what's left of the master tapes. DF is clearly motivated and willing to deal (new reissue of The Nightfly with Mofi & the CD box set) and this certainly has the potential to work out very well for the fans. The notion of a completes set of One Steps of all their classic 70s albums is beyond enticing.

Given my understanding of the two scenarios I'm clearly rooting for Fagen. One could argue that Walter's family deserves more, but given what appears from the outside looking in it appears this could have been addressed in 2009. When WB had the opportunity for a current / sober review of the situation. Based on what we know it certainly looks like it was Walter who left his family in the current situation. I'm willing to concede that relationships are complicated and the notion of dealing with legal agreements around money and estate planning, was no doubt not an appealing proposition in 2009 or any year. It certainly could have soured the relationship and WB's ability to continue to coexist/ make the later day Steely Dan tours a reality. This was clearly his primary source of income, and perhaps he was willing to let it ride as not to upset the apple cart. The notion that there were winner take all ownership at stake in who would be the last Dan standing, is so ****ing perfect. It something right out a classic Becker/Fagen lyric.

 

Fagen and the Estate should simply open a poll thread here, with several options: Don gets everything (and fans get a new box set with completely remastered tracks and outtakes, and a new studio recording of "The Steely Dan Show"),

W.B. Estate gets everything (and fans get a new box set with completely remastered tracks and outtakes)

Don and Estate split everything 50/50 (and fans get a new box set with completely remastered tracks and outtakes)

Don and Estate split everything 50/50 except touring revenue is 90/10 in favor of Don ('cause he's doing all the work, and playin' the handheld keyboard thing) (and fans get a new box set with completely remastered tracks and outtakes).

Or the nuclear option: they turn everything over to the sage wisdom of the Beach Boys for a decision

 

SD did over $11 million in ticket sales for 2014 alone.

IMO, Fagen should give the Beckers 1-2 million per year(depending on # of dates/tickets, re-up every 1-3 years) and both go on with their lives. Recorded past work is separate.

 

I'm no lawyer but in part #35 in the complaint (link in post #1) it states that "The Becker Defendants" which I believe Becker's wife is part of took control of the Steely Dan website and will not relinquish control. That in itself indicates to me that "The Becker Defendants" want to also control the Steely Dan name. Maybe I'm incorrect in saying "total control". But as a layman reading the complaint it sure looks like "The Becker Defendants" want to have control over the website (quite obvious) and probably the Steely Dan name.

Donald Fagen v. The Estate of Walter Becker | Crime & Justice | Justice

 

Is there a course they give you in law school so your eyes don't glaze over when you read a law brief? Geez.

 

I actually like reading legal documents like this. It's refreshing these days to read documents where care is taken to use precise language and clearly articulate an argument.

 

Maybe he did and the estate said no/more.

 

I think it's considerably different for the relatively small handful of artists who are staples of classic=rock playlists, since we're talking daily airplay on hundreds of stations. Spotify may not play royalties, but radio play still does.

 

Look at the end of the eulogy than Fagen wrote about SD continuing to tour. Which appears to have been written without consulting the Becker estate.

"I intend to keep the music we created together alive as long as I can with the Steely Dan band."

 

Fagen is putting the onus on the Becker estate to prove that some other binding agreement somehow overrides the 1972 buy/sell agreement.

Seizing control of the website is like taking control of the radio and tv stations in a banana republic during a coup.

But it's in the interest of both parties that the 'brand' continue to make revenue in the immediate years.

They'll probably come to a quick settlement so they can keep the touring/reissue money rolling in.

Fagen might have to overpay a little for a lump sum buyout of the Beckers to avoid a long/drawn-out legal showdown. And if he can't muster that, he may have to agree to provide other ongoing compensation (some share of tour revenue).

Should be a win-win here, unless they act like idiots. Who knows how bad the blood is.

 

My wish is that Fagen doesn't tour as Steely Dan. It doesn't sit right with me.

 

I don't have a problem with it at all, and it should be well within his rights to do so. It's also the best business scenario for all concerned. Might make millions of $$$ of difference in the long run.

 

I don't know about all this legal mumbo jumbo, but the idea of Donald Fagen touring as Steely Dan is ridiculous.

 

Why?

 

Why should he do that? Becker's dead, the family gets loads from royalties and sales. Doesn't make sense to me why the family would continue to get touring revenue after the death of Becker.

 

Because Steely Dan was always Fagen/Becker. Every good thing in life comes to an end at some point. They had an AWESOME run.
Also, unless I missed something, Donald hasn't said or even hinted that he might do this. It all seems like fan speculation. Edit - and now I see he has hinted at it.

 

Steely Dan must be the only classic rock band that saved the original contract!

 

You're missing something. He said, "I intend to keep the music we created together alive as long as I can with the Steely Dan band." I, for one, have zero problem with that. Even if I did, who am I? If he wants to do it, he should.

Ed

 

I know I missed it - I even edited my post (which is in your quote). You're welcome to have zero problem with that. I do, and who am I? Just a fan entitled to an opinion.

 

Would you have accepted Walter touring as Steely Dan if Donald had bowed out first? Would you have bought a ticket for that show?

 

No, I wouldn't. Donald is the voice of Steely Dan. Replacing that voice would be impossible. Walter's most valuable contribution has been as a writer. There are better guitar/bass players.

What I wouldn't be okay with is Donald recording as Steely Dan.

Ed

 

You edited while I was quoting. Aren't we a pair...LOL!!

Ed

 

Oh yeah, just like the DAN!

And BTW, what is this "Steely Dan band" that Donald mentioned? As we all know they had different bands for almost every tour. Is it just any group of musicians that he can put together that can play Steely Dan music?

 

Even if Becker was naive about the contracts, I think we all agree that his estate deserves SOMETHING for future SD touring. Just like how the Beach Boys/Queen/Journey/Who have compensated inactive/deceased members.

The Beckers could drag this out for a couple years, get snarky on the website, make it unaffordable for DF to keep the current SD lineup together, make fans resent DF with a dirty laundry book, put roadblocks up for new releases using old recordings, block movie music licensing etc....

It could be smarter and fiscally responsible for DF just to pay her a million a year for any future SD live work.

 

Donald touring as Steely Dan, yes.
Donald recording new material under the auspicious as "Steely Dan", no.
I'm sure Donald would be fine with that arrangement.