Eagles’ Songwriters File Lawsuit Claiming Royalties Underpayment

Three musicians who composed some of the Eagles’ most popular songs--”Peaceful Easy Feeling,” “Take It Easy,” “Best of My Love” and “Already Gone”--contend in a lawsuit against their music publisher that they have been shortchanged millions of dollars in royalties from a 1975 album that “is now the largest-selling record of all time.”

Jackson Browne, J.D. Souther and Jack Tempchin’s suit, filed in Los Angeles Superior Court, seeks punitive damages from Warner/Chappell Music Inc., which acquired their original publishing companies and then allegedly entered a “sweetheart” deal with an affiliate to license songs for “Eagles: Their Greatest Hits 1971-1974.”

According to the suit, royalties negotiated on behalf of two band members--co-founders Don Henley and Glenn Frey--were higher than those for the songwriters with whom the group collaborated. The songwriters were unaware of the discrepancy for more than 20 years.

According to the court papers, the Eagles greatest hits album has sold more than 26 million copies.

The songwriters’ attorney, Lawrence Y. Iser, said that each time a song was used for commercial purposes, his clients have been paid 2cents, the legally approved rate in 1975. Even then, according to the suit, the songwriters should have been making 2.4cents under an agreement their publisher struck with Elektra/Asylum/Nonesuch Records. But no one told them about the increase or that their royalties would be locked in.

Today, Iser said, the going rate is about 7.5 cents per song--a differential his clients deserve.

The discrepancies were discovered during an audit commissioned by Tempchin in the late 1990s, the lawyer added.

Representatives for Warner/ Chappell, now a unit of AOL Time Warner Inc., did not respond to a request for comment.

The suit seeks unspecified damages for breach of contract, breach of good faith and breach of fiduciary duty. The songwriters claim to have lost more than $10 million in royalties.

Tempchin composed “Peaceful Easy Feeling” and co-wrote “Already Gone.” Souther co-wrote “Best of My Love” with Henley and Frey, and Browne co-wrote “Take It Easy” with Frey.

In a joint statement, the songwriters said: “It is with deep regret that we file this lawsuit, but we are left with no alternative. All of our efforts to amicably resolve the matter with Warner/Chappell have been ignored. We are still hopeful the matter can be resolved in good faith.”