http://www.nypost.com/p/news/local/classic_crock_lqhYwFqrNCp8J6OUMFNoVJ
By KATHIANNE BONIELLO
December 26, 2010
In the Garden of Eden, they'd pay royalties just like they should.
California-based Iron Butterfly, the band behind the 1960s
psychedelic rock anthem, "In-A-Gadda-Da-Vida" -- a title derived from
the lead singer's drunken slurring of the lyric "In the Garden of
Eden" -- charge they're not getting properly paid for the ubiquitous classic.
Ronald Bushy, Doug Ingle, Lee Dorman and their longtime lawyer,
William Coben, who has copyrights to the 17-minute-plus tune, say in
a lawsuit that its continuing popularity has made them suspicious
about whether their record companies are keeping track of what they
should pay.
"It's used in a lot of commercials, and a lot of movies, and a lot of
TV episodes," Bushy, the drummer, told The Post. "The last one I saw
caught me by surprise. I'm a real fan of 'Criminal Minds,' and all of
a sudden 'Vida' is playing -- it just blew my mind."
"We should be paid what is due. It's only fair."
Bushy, who turned 69 on Thursday, had a job at a pizza joint, and
kept the band afloat as they played clubs like LA's famed Whisky A Go Go.
The group recorded the classic by accident at Long Island's Ultra
Sonic recording studio. A technician asked the band to play something
so he could check sound levels, and he recorded them as they played
the then-unfinished "Vida" for nearly 20 minutes.
The band, which still tours, believes it's owed at least $119,000 in
back royalties since 2002, according to the Dec. 14 lawsuit against
Atlantic Recording, Elektra Entertainment and Warner/Chappell Music
filed in Manhattan Supreme Court. It also seeks a full accounting of
royalties due from foreign sales.
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