The Herald, Sharon, PA Published Friday, September 19, 2003

Pa. Senate bill aims to knock out
knock-off musical performers

By Joe Pinchot
Herald Staff Writer

Bill Pinkney has heard the talk.

"The question has been asked many times, 'Where's Bill?' '' Pinkney said.

And the answer that often accompanies it is, "Bill's dead."

Sure, Pinkney walks with a cane and has blindingly white hair. But, at 78, he's very much alive. He still performs with the Original Drifters, a name that he owns, and has just released his autobiography, "Drifters 1: Bill Pinkney."

But many singers, agents, managers and promoters act as if he's dead, according to testimony Thursday at a hearing on the state Senate's "Truth in Music" bill.

If Pinkney - the last member of the singing group behind such rhythm 'n' blues classics as "Money Honey," "White Christmas" and "Honey Love" - was dead, then what's to stop anyone with a small amount of vocal talent from forming a group and calling itself the Drifters?

The Drifters history is convoluted enough, with a second group replacing the Pinkney quartet in the late '50s, and having a second chart run with "There Goes My Baby," "Under the Boardwalk" and "Up on the Roof." The rights to the name "The Drifters" belong with Charlie Thomas, a member of the second group.

Pinkney long ago reconciled himself to sharing the group's legacy with Thomas, but both men have had to fight with all they've got to try to protect it.

While there have been court decisions in their favor, they're losing the battle anyway.

"There are so many Drifters groups performing throughout the country that I collectively reference them as 'Drifters du jour,' '' Pinkney's manager, Maxine Porter, testified before the Consumer Protection and Professional Licensure Committee at the Vocal Group Hall of Fame and Museum in Sharon.

The same can be said about the Supremes, the Marvelettes, the Coasters, the Platters, the Crests, the Vogues and many other famous names. There are incarnations that have no connections to the singers of the original lineups, but that doesn't stop them from booking shows and writing themselves into the groups' official biographies.

Mary Wilson of the Supremes told of a German radio station giving a lifetime achievement award to the Supremes -- and presenting it to a so-called knock-off group, not herself or Diana Ross, the only two surviving members of the original trio.

In some case, the bogus groups have become downright predatory.

Publishing executive Joe Vincent, who presented a detailed, documented account of fraudulent agents, promoters and groups and their tactics, said one of the Platters knock-offs has gone so far as to advertise that it was the incarnation led by Herb Reed, the only surviving original member still performing, and then announce that Reed has taken ill and will be replaced by someone else.

Meanwhile, Reed is alive and well and performing elsewhere.

But, word spread around the industry that Reed wasn't showing up for gigs, and venues stopped booking his group, Vincent said.

Paul William Wolfe, a booking agent, manager and personal adviser to some of the victimized groups, said the Marvelettes of "Please Mr. Postman" fame were the victims of an "overzealous promoter" who trademarked the name the "Marvellettes." Notice the extra "l."

The promoter sent original member Gladys Horton a letter asking her to stop using the original name, said Wolfe, of Lewisburg, Pa.

Sen. Bob Robbins of Salem Township, R-50th District, a member of the committee and introducer of the bill, proposed a simple addition to the Unfair Trade Practices and Consumer Protection Law that would prohibit any concert that charges admission without stating in any advertisement whether the group contains any original members or is a tribute group.

Robbins described the hearing as a starting point in discussions on the bill, and the artists pointed out many areas where the proposal might be lacking.

"We don't understand your business," said the committee's star-struck chairman, Sen. Robert M. Tomlinson of Bensalem, R-6th District.

Joe Terry of Danny and the Juniors said the law should offer protection for groups such as the Four Aces and the Four Freshmen, who no longer contain original members, but have the legal rights to use it.

In the case of the Four Freshmen, original member Bob Flanigan owns the name, hires the band members and manages them.

Terry also said the bill leaves out free concerts.

Committee member Mary Jo White of Franklin, R-21st District, said the bill probably will have to focus on paying events because patrons at them are legitimate consumers.

Pat Benti, executive director of Friends Against Musical Exploitation, which raises awareness of knock-off groups and their harm to original artists, said the bill needs to set high fines for violators. If fines are small, "They'll just put it in the budget," he said.

Robbins said the testimony led him to believe that it's not just the knock-off groups themselves that need to be targeted, but agents, managers and promoters. In some cases, the singers are simply hired and are put on the road by others.

Kathryn Silcox, deputy attorney general for the state Attorney General's Bureau of Consumer Protection, said the law already permits her office to sue fraudulent groups, but it needs consumers -- those who attend concerts -- to file complaints to start the process. No one has filed any, she said.

The bill would be an "additional mechanism" for the Attorney General's office to launch investigations, she said.

The legislation could be broadened to allow victimized groups to file complaints, officials said.

"I think we need to beef up on the bill a bit," Ms. White said.

The artists praised the committee for considering any measure that could help them.

Ms. Wilson said she has spent millions and is "pretty much almost broke" from fighting knock-off groups. Her situation is worse because she and the other original Supremes gave up the rights to the group's name when they signed with Motown in 1961. Ms. Wilson was 16 at the time.

"It stops bogus groups from having any kind of standing in the courts," Ms. Wilson said of the bill.

"This is a great thing you are doing," said Veta Gardner, wife and manager of Carl Gardner of the Coasters, who said Gardner, at 75, must continue working because they have expended their savings fighting knock-off groups. "We need the help desperately."



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