We’re Only In It For The Money: What happens when a family feud over music rights gets vicious
My first post, I'm not sure if this is the kind of thing you want, but it's the first thing I've written in a long time. Hopefully I'll improve and keep at it.
left to right: Diva, Ahmet, Moon and Dweezil Zappa. (Photo: Steve Granitz, 1996)
Dweezil Zappa is not a rich man. People think he might be, because they sort of know who he is, but in reality he’s not. His wife works as an air hostess in order for the family to keep their health insurance and make ends meet. The popular, Grammy award winning, “Zappa plays Zappa” tours he’s been playing since 2007 haven’t made him much money, despite filling venues across the world. This seems hard to believe until you learn the facts; Late family matriarch Gail Zappa not only charged Dweezil for the rights to use the “Zappa plays Zappa” name (the amount has never been specified beyond “an exorbitant fee”), but also took 100% of the merchandise money (on the proviso that part of the fee would be refunded and 40% of the merch money would eventually go to Dweezil – according to him, this never happened).
Gail Zappa was already a controversial figure long before this feud erupted in the wake of her death. Rumors long existed amongst Zappa fans that Frank Zappa’s wish was that Gail “sell the master tapes and get out of the music business” but for whatever reason Gail resisted these wishes and went in the opposite direction, controlling Frank’s estate with an iron fist and proclaiming that any performer wishing to perform a set consisting of mostly or all Frank’s music would have to pay the Zappa Family Trust (ZFT) for “grand rights”, a music license that usually only applies to theatrical performance. Long-time Zappa fans point out that this seems to go against Zappa’s repeated claims that his greatest thrill was to hear his music performed by others, and seems to directly contradict a statement released on Frank Zappa’s record label’s hotline shortly after his death in 1993. The statement, read by Frank’s elder Daughter Moon Unit Zappa, says in part “Just play his music if you're a musician. And otherwise, play his music anyway. That will be enough for him” and several musicians who spoke to him in his last days have claimed Frank made similar statements to them before he passed. Gail Zappa denies that the phone message was intended as any kind of statement from Frank and denies that her demanding a license is in violation of Frank’s wishes "Somebody goes out there, plays music — it's not played very well; it doesn't sound anything like what the composer intended, and they are telling the audience that's never heard it before that this is Frank Zappa's music. It's not. It's some wretched version of it." Gail said, in an attempt to justify her litigious behavior towards Frank Zappa tribute performances. Despite the repeated attempts to force cover bands to pay this license, it seems that very few actually did after consulting with lawyers. While he never paid the licence fee (although he said he would have if asked) Dweezil still paid up to his mother without complaining or pursuing legal action for moneys owed. His loyalty to her would not be rewarded.
Gail Zappa died in October 2015, apparently of lung cancer. A few months before, she had appointed her and Frank’s youngest son Ahmet the new executor of ZFT, with help from their youngest daughter Diva. The news was initially met with excitement from Frank’s fans, as Ahmet rolled out a new and extensive release schedule, showcasing rare and officially unreleased material, alongside a partnership with universal music. Not long after Gail Zappa’s death, news of a new “official” documentary emerged, with unprecedented access to ZFT’s extensive archive, directed by Alex Winter (Bill, of Bill and Ted fame). Everything seemed to be going well, until Dweezil announced intentions for a new Zappa plays Zappa tour. ZFT informed Dweezil that he would not be able to use the Zappa Plays Zappa name that he had coined but was owned by ZFT, and that should he play any of Frank’s music he’d be liable for a fine of $150,000 per song. Ahmet, in an open letter, states that all he asked is that Dweezil pay a $1 license each year. Dweezil responded by pointing out he had to pay a $1 license and 100% of the merch to ZFT, a deal he was not willing to take (even if, with Gail’s lack of repayment, he’d effectively been doing that all along). The succession of back and forth letters revealed a real split between the once close Zappa siblings; Gail’s will divided the trust 30% each to Ahmet and Diva and 20% each to Moon and Dweezil. Not the equal share they’d always been promised. While they’d agreed to Ahmet temporarily running ZFT, it was assumed that going forward the trust would be run equally. Not so anymore. “It’s comical, the level of betrayal. That’s all I can say.” Says Moon on the dividing of the estate, before pointing to a “prudent person clause” that allows Ahmet to change the terms of the trust however he pleases “I don’t care how many times Ahmet says it. He has a 100% ability to make any and all changes to the trust. So I have to laugh every time he says, ‘My hands are tied.’” Neither Moon nor Dweezil were consulted on or are happy about the Alex Winter documentary or the decision to sell Frank and Gail’s house. Originally Dweezil planned to tour under the name “Dweezil Zappa plays Frank Zappa” only to learn that he can’t use his own name in conjunction with his fathers at all. The tour is now called “Dweezil Zappa plays Whatever The **** He Wants: the Cease and Desist Tour”, although he’s worried the negative publicity and name change will affect ticket sales, he’s happy that he, for the first time, will get 100% of his own merch money. Even if said merch cannot contain any images of Frank Zappa, because it’s owned by the trust. As to long promised guitars, unfinished music and other things promised to Dweezil by his mother and father, who knows what will happen. What is sure though is that like his mother before him, in his quest to protect the so-called “Legacy” of Frank Zappa, Ahmet Zappa is doing more to destroy it than anyone.
Sources:
http://www.wtfpod.com/podcast/episode-718-deon-cole-dweezil-zappa
http://www.rollingstone.com/music/news/frank-zappas-widow-gail-zappa-dead-at-70-20151007
https://www.courtlistener.com/opinion/2113350/zappa-v-rykodisc-inc/
http://www.npr.org/templates/story/story.php?storyId=102907874
http://www.latimes.com/projects/la-ca-ms-frank-zappa-legacy/
Hi! This post has a Flesch-Kincaid grade level of 12.5 and reading ease of 53%. This puts the writing level on par with academic journals.
Nice @holdencaulfield
Shot you an Upvote :)