2012 Queensrÿche split

The 2012 split of American progressive heavy metal band Queensrÿche concerns the events shortly prior to and following a highly publicized backstage altercation before a show in São Paulo, Brazil in April 2012. The events led to the firing of Queensrÿche's original vocalist Geoff Tate the following June by the other original band members; drummer Scott Rockenfield, guitarist Michael Wilton, bassist Eddie Jackson. In Queensrÿche, Tate was replaced with then-Crimson Glory singer Todd La Torre. The firing came mainly as a result of Tate and his family and friends allegedly taking control over the band and its sound, and the other band members' desire to return to the progressive/heavy metal sound that gained the band commercial success in the 1980s. Tate's supposed misbehaviour was also cited as a contribution to their decision to fire him.

In response to his dismissal, Tate and his wife Susan (who served as the band's manager from 2005–2012) filed a lawsuit in a Washington court, claiming that he was wrongfully terminated by Rockenfield, Wilton and Jackson. The ruling in the preliminary injunction was that until the court date or a settlement has been reached, both parties are allowed to use the name Queensrÿche;[1] Tate has subsequently created his own lineup.[2][3] A settlement determined that the Queensrÿche brand would be awarded to Rockenfield, Wilton and Jackson, who together with La Torre and Lundgren were to be "the sole band recording and touring as Queensryche."[4] Former vocalist Tate lost the brand, but was still awarded exclusive rights to play Operation: Mindcrime and Operation: Mindcrime II in their entirety in unique performances, which Tate will perform during a farewell tour.[4] The split has garnered much publicity, and was even featured in Rolling Stone's list of The 10 Messiest Band Breakups.[5]

History

Control over the band by Geoff Tate

As Rockenfield claimed, things took a turn for the worse in the band when Geoff Tate's wife Susan was hired as band manager in 2005, stating: "After [2005], Geoff and [his wife] Susan Tate began controlling the band's direction and Geoff Tate insisted on pushing only the music he was interested in pursuing. This meant that all of the material that [guitarist] Michael Wilton, [bassist] Eddie Jackson and I were submitting was not getting finished. As such, Geoff Tate was basically writing with his friends, many of which were not even professional musicians."[6]

It was revealed in a sworn declaration by Operation: Mindcrime II (2006) producer Jason Slater that the album received very limited contributions from the band members outside from Tate and then-guitarist Mike Stone. Much of the music was recorded by studio musicians, due to conflicts between Tate and his band mates.[7] Rockenfield did not play on the album at all, while most of the guitars, including Wilton's tracks, were re-recorded by engineer Mitch Doran.[8] Some of the bass tracks used were demo recordings played by Slater, while the drum track to "I'm American" is a MIDI recording made by Doran that was not originally intended for use on the final album.[8] As Wilton has explained:

"During the initial writing phase, I would show up to bring my input to the creative process only to find that the producer, the new guitar player (who were both staying with the Tate’s at the time), along with Geoff Tate had been up late the night before or up early that morning and had written the songs without me. I was then told my ideas were not needed as the songs were now done. I could, however, 'bring my own style' in during the recording after learning to play what they wrote for me. In frustration, I gave up on the writing process knowing that I would at least get to make changes in the studio to bring back the Queensrÿche sound into these songs that we were known for. The final straw was when they refused to let me to be a part of the final recordings and mixes. I was shut out and they had the nerve to replace some of my parts on my songs."[9]

On the band's next album American Soldier released in 2009, Wilton explained: "It was a great idea that was not shared. Many of us also have military families and would have enjoyed being a part of writing this on their behalf." However, the songwriting was handled instead by Tate and his hired songwriters once again.[9]

On the development of the band's last album with Tate before the split, entitled Dedicated to Chaos and released in 2011, Rockenfield explained: "I have hard drives of song material written by Eddie Jackson, Michael Wilton and I that have dates and times on the files showing that in 2010 we had written dozens of hard rock songs that Geoff Tate even began singing on, but eventually was not interested in completing. He changed direction on us in late 2010 and only wanted to pursue a more pop-sounding CD, which meant he was only interested in a majority of songs being written by his friends."[6] The album received a mixed reaction, with some critics giving positive reviews, and others panning the album due to great stylistic differences to previous albums.

Firing of Tate's family

In a band meeting on April 12, 2012,[10] which Tate did not attend, the band members discussed outsourcing the fanclub and merchandising, resulting in the firing of Tate's stepdaughter, Miranda, from running the band's fan club.[9] Wilton, Rockenfield, and Jackson also fired the band manager, Susan Tate, because of ongoing "arguments and division" over decisions and "feelings that Susan Tate was not working on the behalf of the band as a whole."[9] According to Wilton, the band's corporate accounts were misused to pay expenses and use the band's tax ID for The VooDoos, an Irish band Susan Tate was managing,[11] who did not have legal work visas, and were opening Queensrÿche shows during their 2011 U.S. tour.[9] However, the Tates explained the money was fronted and repaid in full from the tour's earnings made by The VooDoos.[12] In addition, Geoff and Susan Tate had brokered a deal with zoetifex Studios on March 1, 2012, for the rights to a CG animated film and video game adaptation of the storylines of Operation: Mindcrime and Operation: Mindcrime II.[13][14] Separate from the music, Tate owns the rights to the storyline,[15] which would garner Tate, but not the other band members, an advance and most of the royalties associated with the movie's merchandising. Wilton would later sum up these events as: "the last 3 years, basically it just came to a point that we didn’t have a voice in the band anymore. It was all run by the singer and his manager, the wife."[16]

São Paulo incident

Drummer Scott Rockenfield and singer Geoff Tate performing with Queensrÿche in São Paulo, Brazil on April 14, 2012. Tate would repeatedly spit at Rockenfield during this show.[17]

On April 14, 2012, before the soundcheck for a show at the HSBC Arena in São Paulo, Brazil, Tate inquired with Wilton, Rockenfield, and Jackson why they had fired his wife and stepdaughter,[18] and the other band members asked Tate questions about the deal with zoetifex Studios.[6] The argument became heated, leading to Tate retaliating by throwing over the drum kit,[19] throwing several punches and physically assaulting[20] and spitting on Rockenfield and Wilton.[17]

Further events and split

The band was under contract for two more shows, the M3 Rock Festival on May 12, and the Rocklahoma Festival on May 26. Over the course of these shows, Wilton, Rockenfield, and Jackson debated whether it was still possible to continue working with Tate.[9] The other band members felt that Tate continued to misbehave. In court, they cited an incident in which Tate commented to an unresponsive crowd: "You guys suck", although Tate later stated: "I was not insulting the audience. I was trying to motivate or excite them" in official court documents.[14][21] Wilton, Rockenfield, and Jackson had found during these two shows that reconciliation was impossible, and had "come to the conclusion that they can no longer work or perform with Mr. Tate,"[22] as they felt he "proved many times he was not working as part of a group, but as an individual. He was actively damaging the brand."[9] They called a band meeting on June 5 to negotiate a buyout settlement[22] (some sources say June 6[9]). Tate withdrew from this conference call, after which the other band members voted to "[c]onsider Geoff Tate expelled from the band" and "continue to use the Queensrÿche name with a new lead singer".[23] Rockenfield has said "why we didn’t take charge earlier was because the whole process was like a long and painful divorce. You know that things aren’t going right, but you hang in there, hoping things would turn around."[24] The spit incident, however, was the final drop.[24]

Around the same time, because Tate was working on his second solo album Kings & Thieves, the other band members of Queensrÿche had started a side project under the name Rising West, playing early Queensrÿche material with Todd La Torre on vocals.[25][26] La Torre was announced as Tate's replacement on June 20, 2012.[27] Both guitarist Parker Lundgren, who joined the band in 2009, and La Torre were not privy to any information concerning the tensions among the original band members at the time.[26][28] Lundgren has stated: "Whatever they had going on, it was all behind closed doors. I wasn't really part of it, the business aspect of it, so I really didn't know what was going on until this year when all the court documents became public."[28]

Legal proceedings

On June 12, Tate and his wife filed a lawsuit in a Seattle court against his former bandmates, claiming that he was illegally fired from the band.[20] They also sought a preliminary injunction to prevent both the plaintiffs and the defendants from using the Queensrÿche name. On July 13, 2012, the Washington state superior court defeated this motion, as well as a motion for a preliminary summary judgment filed by the defendants. The court ruled that both parties may use the brand Queensrÿche until the next court date, explaining: "we know that we set these matters out for many months, because some cases require that",[29] acknowledging that there is "drama involved in this situation", as well as "artistic and other issues".[29] Both parties may gather evidence supporting their case until September 30, 2013,[30] and in the mean time, the judge is allowing the market to decide, stating: "I don't know what the parties plan to do about Mr. Tate's ability to go out and perform. Are there going to be competing Queensrÿche? I don't see any reason that Mr. Tate can't have the benefit, if he gets other members, with whatever name he uses of using that brand. And I think that's inherently confusing. Although, again, I'm sure the market can get these things sorted out."[29] When Tate was asked what he thought the judge meant by that, he answered: "Well I think that that comment from the judge was simply because the judge hadn't really looked at the whole situation in its totality, and wasn't ready to make any kind of decision on it. And just kind of went with: 'well I'm not really prepared, so how can I put this to rest right now?'"[31]

Band future

As a result of the judge's preliminary verdict, two versions of Queensrÿche could exist simultaneously until a court ruling or settlement would determine who may officially own the name and imagery.[1] The ambiguous situation with two bands playing under the Queensrÿche moniker has among others caused confusion with tickets sold through Ticketmaster for one version, while a picture of the other version was being shown.[32] Further complicating matters, is that three albums with the name "Queensrÿche" have been released in three consecutive months, each of them with a different band composition and by a different record label: Frequency Unknown by the version of Queensrÿche with Geoff Tate on April 23, 2013, through Deadline Music; Icon, a compilation album of Queensrÿche songs from by the original line-up including Chris DeGarmo, through Capitol Records on May 14, 2013,[33] and Queensrÿche, a self-titled album by the version of Queensrÿche with Todd La Torre, through Century Media on June 24, 2013.

The court date determining who gets the rights to the name was originally planned for November 18, 2013. However, on August 9, 2013, the Tates filed a motion for continuance from the Tates, requesting "a minimum 180-day continuance to provide sufficient time for the parties to continue active settlement negotiations without incurring substantial trial preparation costs and, if such efforts fail, to provide sufficient time to complete discovery and properly prepare for what will be a very lengthy trial."[34] The judge granted them two months instead, postponing the court date to January 27, 2014.[35] However, in early January 2014, both sides entered into settlement negotiations and petitioned for a continuance,[36] and the hearing has been rescheduled for February 10, 2014.[37] On January 21, the Tates filed their list of evidence,[38] and the hearing was continued until March 3 to facilitate settlement negotiations.[39] During a pretrial conference on February 11, both parties indicated that they "are close to reaching a settlement" and the hearing was continued until April 7.[39] Prior to the settlement, Tate described the situation as: "It all comes down to exchange of money; who is compensated for what, and then we walk away and we shake hands and we're over."[31]

A settlement was reached on April 17, 2014,[40] and a statement from both parties was released on April 28, 2014.[4] The statement announced that Tate lost the brand Queensrÿche to Rockenfield, Wilton and Jackson, who together with La Torre and Lundgren are to be "the sole band recording and touring as Queensryche", while former vocalist Tate solely has the right to play Operation: Mindcrime and Operation: Mindcrime II in their entirety "in unique performances". On May 5, 2014, a press release was released through Wilton's Facebook page, further clarifying the specifics of the settlement as:[41]

Eddie Jackson, Scott Rockenfield and Michael Wilton have successfully agreed to purchase Geoff Tate’s portion of the Queensrÿche name. The band will buy out their former lead singer’s share of the Queensrÿche corporation while allowing him the ability to be the only one to perform Operation: Mindcrime and Operation: Mindcrime II in their entirety. He will no longer have use of the TriRyche logo or any other album images aside from the Mindcrime releases. He can only refer to himself as the “Original Lead Singer of Queensrÿche or “Formerly of Queensrÿche" for a period of two years and that text must be at least 50% smaller than his name in all materials. After this two year period passes, he can only refer to himself as Geoff Tate with no mention of Queensrÿche at all. Geoff Tate will be able to finish any confirmed dates billed for his Queensrÿche lineup scheduled to terminate on August 31st, 2014.

References

  1. ↑ 1.0 1.1 "Geoff Tate Wins Court Ruling to Continue Using Queensrÿche Name". Loudwire. 2012-10-20. Retrieved 2012-11-29.
  2. ↑ Christa Titus (2012-09-04). "Geoff Tate Announces 'The New Queensryche' With Ratt, Quiet Riot Members". Billboard. Retrieved 2013-01-04.
  3. ↑ "Geoff Tate's Queensryche Signs With Cleopatra Records; Announces New Lineup". Vintage Vinyl News. 2013-01-25. Retrieved 2013-01-25.
  4. ↑ 4.0 4.1 4.2 "Tate Looses QR name". blabbermouth. Retrieved 28 April 2014.
  5. ↑ "The 10 Messiest Band Breakups". Rolling Stone Music. Retrieved 2013-08-01.
  6. ↑ 6.0 6.1 6.2 "Declaration of Scott Rockenfield". Court declaration. 2012-07-10. Retrieved 2012-12-03.
  7. ↑ "QUEENSRŸCHE Guitarist: GEOFF TATE Spat In My Face, Punched Me And Called Me A 'Pussy'". Blabbermouth.net. Roadrunner Records. 11 July 2012. Retrieved 2013-03-03.
  8. ↑ 8.0 8.1 "Producer, Session Guitarist Claim QUEENSRŸCHE Drummer Didn't Play On 'Operation: Mindcrime II'". Blabbermouth.net. Roadrunner Records. 15 July 2012. Retrieved 2013-03-03.
  9. ↑ 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 "Declaration of Michael Wilton". Court declaration. 2012-06-09. Retrieved 2012-12-01.
  10. ↑ "Defendant's response to plaintiff's motion for preliminary injunction". court declaration. 2012-07-09. Retrieved 2012-12-07.
  11. ↑ "Two years ago we were playing a little acoustic show". Facebook. 2013-03-28. Retrieved 2013-03-28.
  12. ↑ "Plaintiff's reply and affirmative defenses to counterclaims". court declaration. 2012-08-15. Retrieved 2012-12-16.
  13. ↑ "zoetifex Studios is proud to announce their CG Animated Production of Queensrÿche's Operation: Mindcrime". www.zoetifex.com. 2012-03-01. Retrieved 2012-10-20.
  14. ↑ 14.0 14.1 "Reply Declaration of Geoff Tate in Further Support of Motion for Preliminary Injunction". Court declaration. 2012-06-12. Retrieved 2012-12-08.
  15. ↑ "Reply Declaration of Counsel Thomas T. Osinski, Jr.". Court declaration. 2012-09-24. Retrieved 2013-01-03.
  16. ↑ Karadimitri, Christos (2013-06-03). "Queensryche interview (Michael Witon): "We're rebuilding the brand of Queensryche."". Rocking.gr. Retrieved 2013-06-09.
  17. ↑ 17.0 17.1 Video Footage Of Geoff Tate Allegedly Spitting At Queensrÿche Drummer. Blabbermouth.net. Retrieved on 2012-09-16.
  18. ↑ "Declaration of Geoff Tate in Support of Motion for Preliminary Injunction". Court declaration. 2012-06-09. Retrieved 2012-12-01.
  19. ↑ "Declaration of Orlando Scott "Fozzy" O'Hare". Court declaration. 2012-06-09. Retrieved 2012-12-01.
  20. ↑ 20.0 20.1 Queensrÿche Drummer: We Had 'No Choice But To Move On Without' Geoff Tate. Blabbermouth.net. Retrieved on 2012-09-16.
  21. ↑ Queensrÿche Singer To Rocklahoma Crowd: 'You Guys Suck'. Blabbermouth.net. Retrieved on 2012-09-16.
  22. ↑ 22.0 22.1 "Declaration of Geoff Tate in Support of Motion for Preliminary Injunction". Court declaration. 2012-06-09. Retrieved 2012-12-01. (Exhibit C.)
  23. ↑ "Declaration of Geoff Tate in Support of Motion for Preliminary Injunction". Court declaration. 2012-06-09. Retrieved 2012-12-01. (Exhibit E.)
  24. ↑ 24.0 24.1 Westland, Raymond (2013-06-17). "Revolution Calling – An Interview With Queensryche". Ghost Cult Magazine. Retrieved 2013-06-29.
  25. ↑ "Scott Rockenfield (Queensryche) 2013 Interview on the Signals of Intuition". The Signals of Intuition. 99.1 CJAM-FM. 2013-05-25. Retrieved 2013-06-14.
  26. ↑ 26.0 26.1 Petro, Larry (2013-04-27). "In The Eye Of The Storm: An Exclusive Interview With Todd La Torre Of Queensryche". KNAC. Retrieved 2013-04-28.
  27. ↑ "Latest Music News, Band, Artist, Musician & Music Video News". Billboard.com. Retrieved 2012-12-15.
  28. ↑ 28.0 28.1 Hickman, Jody (June 2013). "In Words: Queensrÿche". Ice Vajal. Retrieved 2013-07-06.
  29. ↑ 29.0 29.1 29.2 "Audio of the Preliminary Injunction Hearing Pt. 2". Court declaration. 2012-08-28. Retrieved 2012-12-16.
  30. ↑ "Plaintiffs' Response in Opposition to Defendants' Motion for Summary Judgment". Court declaration. 2012-10-08. Retrieved 2012-12-16.
  31. ↑ 31.0 31.1 "Audio: Geoff Tate Talks To 'Progtopia' About 'Frequency' Album, Queensrÿche Split". Blabbermouth.net. 2013-06-11. Retrieved 2013-06-15.
  32. ↑ Zelissen, Léon (2013-04-10). "Scott Rockenfield produced Headless album". Dutch Progressive Rock Page. Retrieved 2013-04-13.
  33. ↑ "Queensrÿche - Icon (Audio CD)". Amazon.com. Retrieved 2013-04-22.
  34. ↑ "Motion to continue trial date". Court motion. 2013-08-09. Retrieved 2013-08-25.
  35. ↑ "Order amending case schedule". Court order. 2013-08-20. Retrieved 2013-08-25.
  36. ↑ "Motion to continue trial date". Court motion. 2014-01-06. Retrieved 2014-01-15.
  37. ↑ "Order amending case schedule". Court order. 2014-01-06. Retrieved 2014-01-15.
  38. ↑ "Notice of evidence". Court filing. 2014-01-21. Retrieved 2014-01-27.
  39. ↑ 39.0 39.1 "Order amending case schedule". Court order. 2014-01-21. Retrieved 2014-01-27.
  40. ↑ "Certificate of settlement without dismisal". Court certificate. 2014-04-17. Retrieved 2014-04-23.
  41. ↑ Wilton, Michael (May 5, 2014). "Full press release / statement: A reinvigorated Queensrÿche starts the writing process for their new album". Facebook. Retrieved May 6, 2014.