Doors Signed 5-Pg Elektra Contract Feb 10 1970

[darkstar3]

The Doors - Signed 5 page Elektra Records Contract







A fully signed 5 page contract between The Doors and Elektra Records, regarding live tapes recorded at Los Angeles' Aquarius Theatre that became their "Absolutely Live" album. Authentic Doors autographs are almost never seen, and this document offers four pages initialed by each band member and Elektra president Jac Holzman, with a fifth page signed by Jim Morrison, Robby Kreiger, Ray Manzarek, John Densmore and Holzman. A fascinating insight into the band's business affairs, and a chance to get absolutely genuine Doors signatures. This contract was exhibited at the Rock & Roll Hall of Fame and Museum in Cleveland as a part of the exhibit "Break On Through: The Lasting Legacy of The Doors" during 2007/2008. Also included is a vintage Doors photograph from the correct era (this 8" x 10" photograph comes from the archives of 16 MAGAZINE, where it was first published. It has publication notes and a "Gloria Stavers Collection" stamp on the reverse.) Guaranteed authentic with no time limit, as is everything we offer.


Price: $8500. US
www.recordmecca.com/view_item.aspx?id=85

[TheWallsScreamedPoetry]

Excellent find...goes nicely with the Sal and Ash contract also on this forum.

The Doors First Signed Management Contract

[casandra]

Can I ask you a couple of questions? I read somewhere that The Doors signed his first contract with Elektra on August or September 1966 for three albums. After, they made an additional agreement or an amendment for 2 albums more. When did this happen? Is the amendment of October 22, 1968? And they finally signed the last contract on January 10, 1970 for one album.

I also believe I have read (I think Ray Manzarek’s book) that they went on strike to get a better deal with Elektra for more money for the royalties during the WFTS sessions recording. Is it true?

Do you know the chronology of the contracts and contents? Thanks

[TheWallsScreamedPoetry]

I will have a look at the Elektra History at the weekend and see what is said about it in there.
I know that their lawyer Abe Somer got them a better royalty from Jac and I remember the story about the strike.
Best not to believe anything like that from Manzarek as he is a liar.
We know that the last section in the Doors contract chronology was this.....

11. Amendment To The Old Doors Partnership Agreement (March 11, 1971)

On March 11, 1971, the parties executed a one-page amendment to the Old Doors Partnership Agreement. It sets forth a specific provision prohibiting the use of the name, The Doors, by any partner upon termination of the partnership for any reason other than the death of a partner. The amendment was prompted by a concern that after L.A. Woman was delivered to Elektra, Morrison might leave the band and form another band in Europe using the name “The Doors.” Manzarek testified that he signed the one-page amendment when it was prepared but did not read it and did not understand its purpose. Somer testified that he recalled some concern about the band splintering, and that the amendment, as well as all of the band’s agreements, were explained to the band members before they signed. The court finds Somer’s testimony credible and accepts it as true.

(NOTEL Paragraph 8 of Original Old Doors Agreement. Paragraph 2 of the Administration Agreement.)

This information comes from the trial section of the forum.
STATEMENT OF DECISION

[casandra]

Thanks. This trial is very instructive for the Doors history.

This is very weird. How can Ray Manzarek say he didn’t understand the purpose of the contract? That he didn’t read it, I believe it can be true, but he didn't understand it… Rightly, the court didn’t find his testimony credible.

The judge should be charged him for contempt or perjury to the court.

So I think all four guys had previously explained to their lawyers that they wanted to do an additional agreement with the special clause with the prohibition of the use the name The Doors by one of the partners except in the case of death of one of them. And the lawyers wrote the amendment. I think Jim Morrison signed the contract because his intention was to leave the other Doors. It was the end of a stage of his life. Perhaps, he didn’t want to continue singing more time at the moment he signed the agreement. And the others signed it because they didn’t trust him and they thought that he wanted to leave them and he maybe wanted to found another group. This is the problem with these three guys, they were very suspicious.

[TheWallsScreamedPoetry]

Jan 26, 2011 21:17:01 GMT casandra said:

Thanks. This trial is very instructive for the Doors history.

This is very weird. How can Ray Manzarek say he didn’t understand the purpose of the contract? That he didn’t read it, I believe it can be true, but he didn't understand it… Rightly, the court didn’t find his testimony credible.

The judge should be charged him for contempt or perjury to the court.

Many of us said exactly that once we discovered the level of lies Ray used to defend his theft of The Doors name. But the judge was likely lenient as it would have just draggged the case on further than the six years it took to resolve it.
Ray Manzarek has a degree in economics as well as film so I find it highly unlikely that he did not read it nor understand it.

Jan 26, 2011 21:17:01 GMT casandra said:

So I think all four guys had previously explained to their lawyers that they wanted to do an additional agreement with the special clause with the prohibition of the use the name The Doors by one of the partners except in the case of death of one of them. And the lawyers wrote the amendment. I think Jim Morrison signed the contract because his intention was to leave the other Doors. It was the end of a stage of his life. Perhaps, he didn’t want to continue singing more time at the moment he signed the agreement. And the others signed it because they didn’t trust him and they thought that he wanted to leave them and he maybe wanted to found another group. This is the problem with these three guys, they were very suspicious.

I think it is highly unlikely that Morrison had any part of this clause in the contract. The time line isd important but unfortunately we do not have a complete one for this fascinating Doors period.
Morrison announced he was leaving The Doors at a meeting he called between him and management. Bill Siddons confirmed this in the 90s. An Elektra employee at that time also confirmed on the Densmore board that it was common knowledge in the Elektra office that Jim had left the band.
So this contract amendmant could have come about as a result of two things.

a) First Jim leaves The Doors and the other three fear he will take up with British based musicians and form a new Doors.

b) They announce this new clause and Jim is so disgusted with them that he leaves The Doors.

a) is the more likely scenario for me. The three Doors fearful Jim will take the name to Europe insist on protecting their interests and force the amendment onto Jim. It has been suggested that Elektra thought this up but I find it highly unlikely that Jac Holzman would have been involved as the contract between him and The Doors was over and if Jim had done this Jac would have wanted to be able to bid for Jim's services on his own label rather than piss Jim off.
Most likely candidate for this is Ray Manzarek as I believe that the other two Doors were too gutless to have done something like this.

[darkstar3]

Information contained in the Statement Of Decision filed July 21 2005:

Statement of Facts:

3. The band’s first business manager and accountant was Robert Greene. He continued in that capacity until 1984. Since that time Jerry Swartz has been the business manager and accountant for The Doors. Not long after the Elektra contract was executed, Abraham Somer served as the band’s counsel. Somer continued until approximately 1984, when Gary Stiffleman and John Branca replaced him. Stiffleman continues to be the primary legal counsel for The Doors.

4. Abraham Somer Secures Publishing Rights From Elektra, and the Creation Of The Doors Music Publishing

In 1969, Somer secured from Elektra, all of the publishing rights to The Doors’ music. That same year, Somer created a partnership for Morrison, Densmore, Manzarek, and Krieger called Doors Music Company. The terms of the partnership were reflected in a written agreement signed by the four band members (hereinafter “DMC” or the “DMC Partnership”) The DMC Partnership was executed on February 8, 1969. Paragraph 6 of the DMC Partnership provided that management of the partnership would be decided by unanimous agreement of the parties.

At trial, Densmore, Somer, and Green testified that governance by unanimous agreement was consistent with the manner in which the band had conducted itself since its inception. Stiffleman and Swartz testified that unanimity was the rule of governance among The Doors’ members and that with respect to any significant opportunity to license music by the Doors, any member of The Doors had a right to veto any such proposal.

5. The Buick Car Commerical
Morrison sought the names of other lawyers from Somer to consult about possible legal action against his partners, but never initiated any legal action. On November 11, 1970, the DMC Partnership Agreement was amended to require that any decisions about licensing music require a unanimous vote signed by all of the partners.

7. Morrison’s Poetry Album (1970)

At trial, Ray Manzarek testified about the formation of the Doors. He described Morrison’s poetry, which was later integrated in the Doors music. Morrison continued throughout his musical career to work on his craft as a poet in addition to his work as a musician. He published the poetry in limited printings and gave these publications to his friends. Morrison wanted to record his poetry without the group and agreed to a drastic cut in his customary salary to do it. On his birthday, December 8 1970, he recorded his poetry with the intent to include the material in an album.

8. Morrison Decides To Leave For France

In early 1971, Morrison announced to his fellow band members that he was going to move for a short time to Paris, France with Pamela Courson. He intended to leave for Paris shortly after the band finished recording their sixth album for Elektra, L.A. Woman.

9. The DMC Partnership Agreement Entered Into In March 1971, Effective As Of January 1, 1966.

At about the time, Somer prepared a partnership agreement for the Doors, for all purposes except music publishing. In March 1971, the four members of The Doors executed their written partnership agreement, effective January 1, 1966 (hereinafter the “Old Doors Agreement”). Somer testified that he explained the “Old Doors Agreement” to the four members of The Doors, and that it reflected the way the partnership had operated by oral agreement up until the time of its execution. It provided for unanimous agreement in the management of the business of the Doors.

10. The Administration Agreement Entered Into On March 8, 1971

On March 8, 1971, in anticipation of Morrison leaving the United States, The Doors entered into an Administration Agreement with Greene, their business manager, granting him exclusive authority to enter into licensing agreements for music of The Doors. However, to avoid what had happened in 1969 with regard to the Buick Commerical incident Greene was empowered to sign agreements for television and radio commercials only after receiving the written approval of all four partners. As of the date for the execution of the Administration Agreement, no Doors music was authorized to used for radio or television commercials. Densmore, Manzarek and Krieger all testified that while Morrison was alive, The Doors did not intend to authorize use of its music in radio or television commercials.

11. Amendment To The Old Doors Partnership Agreement (March 11, 1971)

On March 11, 1971, the parties executed a one-page amendment to the Old Doors Partnership Agreement. It sets forth a specific provision prohibiting the use of the name, The Doors, by any partner upon termination of the partnership for any reason other than the death of a partner. The amendment was prompted by a concern that after L.A. Woman was delivered to Elektra, Morrison might leave the band and form another band in Europe using the name “The Doors.” Manzarek testified that he signed the one-page amendment when it was prepared but did not read it and did not understand its purpose. Somer testified that he recalled some concern about the band splintering, and that the amendment, as well as all of the band’s agreements, were explained to the band members before they signed. The court finds Somer’s testimony credible and accepts it as true.(NOTE: Paragraph 8 of Original Old Doors Agreement. Paragraph 2 of the Administration Agreement.)

13. The New Partnership Agreement For The Surviving Members Of The Doors October 1, 1971

On October 1, 1971, Somer registered a new recording contract between Elektra and the three surviving members of the Doors for five albums, at a minimum guaranty of $250,000 per album. The three surviving band members continued performing without replacing Jim Morrison with another vocalist, choosing to sing vocals themselves. On October 1, 1971, a new written partnership agreement was entered into between among Densmore, Manzarek and Krieger for purposes of performing and recording as The Doors (hereinafter the “New Doors” partnership agreement.) The New Doors partnership agreement continued the unanimous agreement provision. In addition, the New Doors partnership agreement continued the same provision set forth in the earlier and recently signed one-page amendment to the Original Old Doors partnership agreement, namely that in the event of a termination of the partnership for any reason other than the death of a partner, none of the partners could use the name The Doors. It also provided that in the event of the termination of the partnership because of the death of a partner, the remaining partners might perform together but not separately using the name The Doors. Like the prior two written partnership agreements, the New Doors partnership was terminable at will by any partner.

While no written license permitting the three surviving members to use the name The Doors for recording and performing purposes was produced at trial, Manzarek, Kreiger and Densmore used the name without objection from Pamela Courson. She did not object to their activities although she was aware of the performances and recordings by the new band and saw them in Sausalito, California. No evidence was produced at the trial that there was any objection by anyone to the three surviving band members using the name The Doors for recording and performing purposes.

14. The Three Surviving Members of The Doors Release Two Albums as The Doors (1971-1972)

The three band members recorded two albums as The Doors: Other Voices (1971) and Full Circle (1972), and toured in connection therewith. They did not hire a new singer, sharing vocal duties between Ray Manzarek and Robby Krieger. The three surviving members of the Doors created yet another partnership, Alchemical, for purposes of owning the publishing rights to the music recorded on their two albums (similar to the situation with DMC and the music of the Old Doors.) Alchemical continues to exist today, and files tax returns with state and federal agencies. The New Doors albums were not a success, and the band members were not enthusiastic about proceeding further without a lead vocalist.

All of the original recordings of The Doors with Jim Morrison have been reissued and continue to be available for new audiences. The previously mentioned two albums without Jim Morrison have not be repackaged and reissued in the popular CD form as of the time of the trial.

(NOTE: Paragraph 6 of the New Doors partnership agreement. Paragraph 9 of the New Doors partnership agreement.)

-------------------------------------------------

The letter that follows was from the law firm of Mitchell, Silberberg & Knupp LLP to Bob Greene dated January 21 1971. The document was in the files of the law firm Ziffern, Brittenham, Branca, Fischer, Gilbert-Lurie & Stiffelman LLP. The letter was written by David Berman in which he enclosed a draft of the partnership agreement requesting that Mr Greene (The Doors’ Business Manager) arrange for the four members of The Doors partnership to sign the agreement. The Agreement was subsequently signed by Morrison, Densmore, Krieger and Manzarek.

Unfortunately we have yet to see a copy of the complete General Partnership Agreement executed by all four Doors. In lieu of the Los Angeles Superior Court's release of documentation, hopefully, a copy of the Partnership Agreement will be forthcoming in the future.

____________________________________________

Sherwin Samuels

David Berman

Assignment

January 5 1971

Could you please have one of the associates in the Corporate Department prepare a Partnership Agreement between James Morrison, Robert Krieger, Raymond Manzarek & John Densmore, known as “THE DOORS”.

The agreement should commence on January 1, 1966, inasmuchas “THE DOORS” have been functioning pursuant to an oral agreement since that date. A Fictitious Name Certificate was filed early in 1966 under than name.

The partnership agreement should be terminable at the election of any of the partners. All income of the partnership should be divided equally among the partners and the receipts to be included in partnership income should be as follows:

1. The so-called “writer’s share” of performance income payable by ASCAP or any other performing right society to which any of the partners belong or may here after belong.

2. All amounts received by the partnership from Doors Production Corp. for the personal appearances of “THE DOORS”.

3. All amounts received from “The Elektra Corporation” in connection with recordings of "THE DOORS” made prior to _____________________.

4. All union scale payments received by “THE DOORS” in connection with “THE DOORS” recordings as opposed to the recordings of any of the individual members of “THE DOORS”.

If there is any other information required, I will, of course, be happy to obtain the same.


END.

What follows is the reply from David Berman to Bob Greene with a copy sent to Bill Siddons along with five copies of The Doors General Partnership Agreement.






January 21, 1971

Mr Bob Greene
C/O Johnson & Harnand
10920 Wilshire Boulevard
Los Angeles, California 90024

Dear Bob:

Enclosed please find five copies of the General Partnership Agreement between the members of THE DOORS. The enclosure corresponds to my understanding of how the partnership is to work. You should, however, carefully review it, in particular Paragraphs 5, 6D, 6E, 7 and 9.

If the enclosures are satisfactory, will you please have them executed by the members of THE DOORS and return at least one fully executed copy to me.

Kindest personal regards.

Sincerely,




For
Mitchell, Silberberg & Knupp

DMB/bkp
Encl.
Cc: Mr Bill Siddons

END.

[casandra]

I agree with you. Option a) is the most probably. Being afraid Morrison take the name The Doors to Europe is a bit irrational. I think Morrison was a pretty honest, sincere and serious about these things. The others could have many complaints about him, but not disloyalty. If he said he wanted to leave the group, it was because he didn’t want to be a singer more time with them or anyone else. They only protected the name. He just needed another name to stay out troubles, if he would really want to continue singing.

Anyway, if this agreement was a Manzarek’s idea, I think he must be very regretful if he had proposed this contract. In the end, it backfired against himself. We have seen what has happened since 2001 and this agreement has been an important piece in the trial.

Thanks, darkstar3 for the information, too. I have some questions and opinions about the trial (especially the Statement of Facts section and the transcription of original documents like these letters), but I feel a bit uncapable to write it, for my bad English. Gradually, I will try to comment some of them the next days.

[TheWallsScreamedPoetry]

As you say Jim had a sense of loyalty that his three band mates did not have.
They tried to sell the band to Buick for a car advert and for the last thirty years have tried to paint Jim as at fault by not being available.
They forget that when the bands first manager tried to get Jim to dump them and go solo he told the band about it and they fired the manager. Also he saw the problems with the songwriting royalties so took it upon himself to share his royalty with the other three equally so that nobody would complain that he was getting more than them.
He might have been a drunk but he never once went behind the backs of Manzarek/Krieger/Densmore.
Before the recent trial John Densmore told Ray Manzarek that he had these documents and that Ray should seek to come to an agreement with John but Ray was too arrogant and so John had no choice but to take him to court. This document destroyed the Manzarek/Krieger case completely.

[casandra]

Exactly.

[TheWallsScreamedPoetry]

This from Elektra History Follow The Music (p164) on the first deal Elektra offered The Doors.

"Here are the facts. I offered what was slightly on the generous side of a standard deal in 1966 for an unproven group. Elektra would advance all recording costs plus $5000 cash to the band against a five percent royalty with a seperate advance against publishing, of which The Doors would own 75% and we would own 25%. And as a show of faith, I commited to release three albums. If the first album did less well, The Doors would not be out on the street another dishearted and discarded LA band"
Jac Holzman President Of Elektra Records.

"He talked in his very officious and very correct manner and we thought 'Jesus this guy is not only hip but very smart too. He was a bit pompous, but why not? The man was standing 6' 3" and had a good brain in his head, had a good carraige and a good delivery. I was frankly, very impressed with him. I thought 'this is going to be real good.'
On the other hand when he offered us the money and the points.....absolutely miniscule. $2500 front money....oh!
5% ...heinous. And he keeps all the publishing ....yiyiyiyiyi.
Jesus he sure drives a hard bargain."
Ray Manzarek.

[TheWallsScreamedPoetry]

More on Doors contract negotiations.

Around the time of Morrison Hotel and the Felt Forum shows.
Follow The Music P 330/331

The Doors contract was coming to an end and we threw a lavish party for them at the New York Hilton, in the Presidential Suite.
Just as Pam and Jim was leaving she said ‘Well in case we are on Atlantic next year thanks for the swell party.’ I died. Jim had put her up to it and he was wearing his sly ‘gotcha’ smile as they shuffled out.
The Doors had promised me the right to first negotiation which meant I would be the first to go up against their attorney Abe Somers who wasn’t a fan of mine and who had very close ties to A&M records. I would have to design a strategy that would defang Abe and give the boys what they deserved.
Jac Holzman.[/b]
##Most likely January 19th 1970##

Abe was fiercely intelligent.
Bill Siddons.

He was another of the fastest thinkers I ever knew. Up there with Jac.
Suzanne Helms. Head of Elektra’s West Coast Office.

When Abe went in to do the negotiations the first thing he did was have the label audited to try to find out where they were stealing money from us because all labels steal from their artists by definition.
Abe came to us and said ‘our settlement is anywhere from 30 to 70% but 50% is a nice target. If you get half what you are asking for, half of what the auditors can come up with, that’s a good settlement.
Jac gave 100% of the audit settlement and gave The Doors back their publishing. Abe was flabbergasted.
Bill Siddons.

Abe and I had been around the course before. After The Doors second LP he had advised them to go on strike, not to record again until I improved their royalty rate. I didn’t take well to that approach and held out, not reacting.
After the stalemate had gone on for several months The Doors dropped by one day and we had a pleasant talk. They really wanted to go back into the studio but Abe had told them not to until he got them more money. I said ‘ I really have no objection to giving you more money. What I do object to is the way the lawyer interposed himself in my relationship with you. All you had to do was ask.’
I raised the royalty to 7%.
Jac Holzman.

It was amazing a totally ballsy move by Jac.
And to me that’s why Jac was a great man. He totally knew who he was dealing with and he went ‘I can either allow the lawyer to make me The Doors enemy or I can show them I am their friend.’
Negotiations were over that day.
There was no way we would go to another label or do anything else.
It cost Jac millions because that’s what The Doors back catalogue came to be worth.
But it got him what he needed which was to keep The Doors loyal to him.
I thought that really showed Jac’s colours. He’s El Supremo for a reason.
I have always admired Jac Holzman for those kind of moves, that I saw twenty different ways during my relationship with him. The guy knew what he was doing and he ran a record company that had a lot of heart and soul and was founded on music first. It wasn’t founded on making him a millionaire.
Bill Siddons.

At the time we didn’t realise what a great guy Jac was. A guy who is able to succeed without screwing people. He’s really the only guy I know who is totally a great business man and totally generous.
Robby Krieger.