Thursday, October 26, 2000:

Note: This story is from the Lubbock Avalanche-Journal archives. The story is a complete reprint from the original news feature. This web posting ©2001-2002, the Lubbock Avalanche-Journal. For more information about copyrights, view our web site.

From Lubbock Avalanche-Journal, Wednesday, March 17, 1999

Family disputes royalty payments

By MIKE W. THOMAS
Avalanche-Journal

Buddy Holly's musical legacy may have generated millions of dollars through the years, but very little of it has found its way back to his estate in Lubbock, say Holly's heirs.

''We know there have been many record sales, but very little (of the proceeds) has trickled down to us,'' said Larry Holley, Buddy's oldest brother. ''Buddy was a genius and many people are playing on his coattails to get money. We just aren't getting our fair share.''

Larry Holley, 73, has joined with other family members in seeking restitution from MCA Records Inc., the Los Angeles-based company that holds the rights to all of Holly's recordings. Holly, who dropped the 'e' from his last name when he began his musical career, died in a plane crash on Feb. 3, 1959.

Kevin Glasheen, an attorney representing the Holly heirs, said MCA Records Inc. has never fully accounted for all of its sales of Holly records so that an accurate amount of royalties owed to the Holly estate can be calculated. The lawsuit alleges that MCA took advantage of Holly's elderly parents shortly after his death to establish royalty payments far below their market value.

''We want the court to make a ruling on these contracts and, if it is determined that they are not valid, we want the master recordings to be returned,'' he said.

Liza DeVilla, a spokeswoman for Universal Music Group, the parent company of MCA Records Inc., said MCA has not yet been served with a complaint and cannot comment on pending litigation.

Glasheen noted the difference between royalty rights, which have to do with actual record sales, and publishing rights, which come into play whenever another artist wants to record a version of a song or when the song is played on the radio.

Former Beatle Paul McCartney, who recently joined Buddy Holly in the Rock and Roll Music Hall of Fame, owns most of the publishing rights to Holly's music.

Upon his death, the royalty rights to Holly's music went to his widow, Maria Elena Holly, whom he had married five and a half months earlier. Maria then signed half of the rights over to Holly's parents. When Holly's parents died, those rights were transferred to his siblings, Larry and Travis Holley and Pat Holley Kaiter.

Mike W. Thomas can be contacted at 766-8727 or mwthomas@windmill.net