AceShowbiz - The legendary classic rock band The Guess Who recently reunited for their Takin’ It Back tour, marking their first performance together in decades. They kicked off the tour with a show in Ontario, igniting nostalgia among fans. However, this celebratory moment is overshadowed by a new lawsuit involving the band’s history of internal conflict.

The lawsuit was filed by founding drummer Garry Peterson and bassist James Kale against the performing rights management firm BMI. They claim significant financial losses resulting from lead singer and songwriter Burton Cummings’ drastic decision to terminate his performing rights agreement with BMI two years ago. Cummings' action was primarily motivated by his desire to prevent Peterson and Kale from performing with a different lineup, which he derogatorily referred to as “fake bullshit shows.”

At the heart of the dispute is Cummings' ownership of the publishing rights to some of the band’s most iconic songs, including “American Woman,” “These Eyes,” and “No Time.” This contentious situation intensified when Cummings initiated a lawsuit to regain control of the Guess Who trademark, which Kale acquired back in 1986 when the band failed to protect it during their peak in the late 1960s and early 1970s.

In their federal court complaint, Peterson and Kale, alongside booking company BiCoastal Productions, detail the chaos that ensued during their U.S. tour preparations. They assert that on April 6, 2024, while conducting a soundcheck, they were informed by BMI’s chief legal officer that Cummings had terminated his affiliation with BMI, effective immediately. Consequently, Peterson and Kale claim they were forced to cancel their show and all subsequent tour dates based on this information.

However, they argue that BMI misinterpreted the termination’s effective date. According to their claims, the agreement should have remained valid during a notice period that had not yet elapsed, suggesting their planned concerts were unjustly canceled. The lawsuit states, “Contrary to BMI’s misinformation, a copyright holder cannot simply provide notice of termination of rights effective immediately in such a manner that would force the cancellation of all concerts that had already been planned, organized, and promoted.”

This lawsuit adds yet another chapter to the turbulent history of The Guess Who, highlighting the ongoing struggles between former band members even as they attempt to celebrate their rich musical legacy.

Editor's Note: A representative for The Guess Who has provided the following statement: "The lawsuit referenced in this article has no association with the current band or the epic Reunion Tour of 'The Return of The Guess Who.' The Guess Who band is currently solely comprised of Burton Cummings and Randy Bachman. It is important to clarify that Jim Kale and Garry Peterson have no basis or right to use the trademark name The Guess Who. The lawsuit referenced in this article has no affiliation to the band, The Guess Who, nor does the lawsuit involve any battle among former bandmates Burton Cummings or Randy Bachman."