The Region - News from Feb. 5, 1987

Little Richard has sought a court ruling to determine whether he is the author of the theme song from the movie, “Down and Out in Beverly Hills,” which he claims he performed and co-wrote with singer Billy Preston. In a lawsuit filed in Los Angeles Superior Court, Little Richard, whose real name is Richard Penniman, said his royalties for the song, “It’s a Matter of Time,” have been held up pending resolution of a claim by songwriters Silvia Smith and John Schuller that the song is “clearly derivative” of a piece they co-wrote with Preston at Penniman’s request. Their attorney has demanded royalties, claiming that “identical musical and lyrical passages” appear in their song of the same title. Penniman contends that he wrote the piece and offered Preston a share in the authorship only because he performed on the recording and contributed the phrase, “great gosh a’ mighty.”