The Day Chuck Berry Sued Brian Wilson.
It was 1963. The Beach Boys initial Top Ten hit was Surfin' U.S.A. written by Brian Wilson.
It was a huge hit, describing the joy of surfing in a number of high profile locations.
In 'I Am Brian Wilson: A Memoir', the Beach Boys’ leader describes how the brother of his girlfriend, Judy Bowles, inspired the group’s first Top 10 hit.
“Judy had a brother, Jimmy, who was a surfer. He was always talking about the points and the spots where the great surfers wanted to go. I knew I wanted to do a Chuck Berry-type song about surfing, and whenever Jimmy talked about surfing I liked the names of the places. I asked him for a list and used the places he gave me to make up the lyrics of ‘Surfin’ U.S.A.’”
Bowles’ list was extensive; no less than 16 surf locations were included in the song, from the famous (San Diego’s Swami’s Beach and Hawaii’s Waimea Bay) to in-spots like Haggerty’s in California. Australia’s Narrabeen even made the cut.
The Beach Boys went into Hollywood’s Western Recorders in January 1963 to cut “Surfin’ U.S.A.” with Mike Love performing lead vocals. Wilson introduced a technique that would become a Beach Boys trademark: double-tracking the vocals to give them a fullness and brightness.
Wilson failed to credit Chuck Berry as co-writer; while the lyrics were different, the rhythm and melody were unmistakably borrowed from Berry’s “Sweet Little Sixteen.”
Chess Records’ ARC Music, Berry’s publisher, noticed the similarities. Producer Marshall Chess said in Brown Eyed Handsome Man: The Life and Hard Times of Chuck Berry that he threatened to sue.
“It was total infringement. Had Brian Wilson’s lawyers come to Chuck and said, ‘We’re doing this with our lyrics; let’s get 50/50 on the copyright,’ it probably wouldn’t have happened. But Brian Wilson tried to steal the song, so it became a copyright infringement.”
The Beach Boys’ publisher settled the case out of court. Brian’s father Murry Wilson, who managed the band’s business affairs, turned the full copyright over to Berry without telling Brian. (And ending any royalty payments.)
Despite the legal wrangling, Wilson refused to hold a grudge. Wilson would include Berry’s songs in his live shows, sometimes weaving the lyrics of “Sweet Little Sixteen” into his take on “Surfin’ U.S.A.”
Source: ‘200 Greatest 60s Rock Songs’ Book Excerpt by Frank Mastropolo.
Personal thoughts:
Like many teens of the period, I bought many a 45 and LP, and the Beach Boys were part of my collection.
The March '63 Capital Records LP of Surfin' U.S.A. lists the writer as B. Wilson.
There are a number of 45 rpm issues of this song. I have a copy, on the Capital orange/yellow swirl label. It lists Berry/Wilson as co writers. A later release on the orange/yellow label shows only 'Chuck Berry' as the writer. Reissues on the various Capital labels that follow all show Chuck Berry as the sole writer.
I do not hold Murry Wilson in high regard.
I'll stop here without adding any profanity to my comment.
There is no doubt that the music of Sweet Little 16 and Surfin' U.S.A. are close to identical...ok, 'identical'...the lyrics certainly are not, and Brian Wilson deserves to get credit for that and should have received a royalty payment for it. This failure, IMO, falls 100% on the head of Murry Wilson. Adding that Murray never told Brian what he had signed over the full rights to the song to ARC Music, is an unforgivable act.
It was a huge hit, describing the joy of surfing in a number of high profile locations.
In 'I Am Brian Wilson: A Memoir', the Beach Boys’ leader describes how the brother of his girlfriend, Judy Bowles, inspired the group’s first Top 10 hit.
“Judy had a brother, Jimmy, who was a surfer. He was always talking about the points and the spots where the great surfers wanted to go. I knew I wanted to do a Chuck Berry-type song about surfing, and whenever Jimmy talked about surfing I liked the names of the places. I asked him for a list and used the places he gave me to make up the lyrics of ‘Surfin’ U.S.A.’”
Bowles’ list was extensive; no less than 16 surf locations were included in the song, from the famous (San Diego’s Swami’s Beach and Hawaii’s Waimea Bay) to in-spots like Haggerty’s in California. Australia’s Narrabeen even made the cut.
The Beach Boys went into Hollywood’s Western Recorders in January 1963 to cut “Surfin’ U.S.A.” with Mike Love performing lead vocals. Wilson introduced a technique that would become a Beach Boys trademark: double-tracking the vocals to give them a fullness and brightness.
Wilson failed to credit Chuck Berry as co-writer; while the lyrics were different, the rhythm and melody were unmistakably borrowed from Berry’s “Sweet Little Sixteen.”
Chess Records’ ARC Music, Berry’s publisher, noticed the similarities. Producer Marshall Chess said in Brown Eyed Handsome Man: The Life and Hard Times of Chuck Berry that he threatened to sue.
“It was total infringement. Had Brian Wilson’s lawyers come to Chuck and said, ‘We’re doing this with our lyrics; let’s get 50/50 on the copyright,’ it probably wouldn’t have happened. But Brian Wilson tried to steal the song, so it became a copyright infringement.”
The Beach Boys’ publisher settled the case out of court. Brian’s father Murry Wilson, who managed the band’s business affairs, turned the full copyright over to Berry without telling Brian. (And ending any royalty payments.)
Despite the legal wrangling, Wilson refused to hold a grudge. Wilson would include Berry’s songs in his live shows, sometimes weaving the lyrics of “Sweet Little Sixteen” into his take on “Surfin’ U.S.A.”
Source: ‘200 Greatest 60s Rock Songs’ Book Excerpt by Frank Mastropolo.
Personal thoughts:
Like many teens of the period, I bought many a 45 and LP, and the Beach Boys were part of my collection.
The March '63 Capital Records LP of Surfin' U.S.A. lists the writer as B. Wilson.
There are a number of 45 rpm issues of this song. I have a copy, on the Capital orange/yellow swirl label. It lists Berry/Wilson as co writers. A later release on the orange/yellow label shows only 'Chuck Berry' as the writer. Reissues on the various Capital labels that follow all show Chuck Berry as the sole writer.
I do not hold Murry Wilson in high regard.
I'll stop here without adding any profanity to my comment.
There is no doubt that the music of Sweet Little 16 and Surfin' U.S.A. are close to identical...ok, 'identical'...the lyrics certainly are not, and Brian Wilson deserves to get credit for that and should have received a royalty payment for it. This failure, IMO, falls 100% on the head of Murry Wilson. Adding that Murray never told Brian what he had signed over the full rights to the song to ARC Music, is an unforgivable act.
