More details have emerged in the spat between pop duo Hall & Oates, after Daryl Hall filed a lawsuit and restraining order against John Oates last week.
The initial lawsuit was sealed, and only scant details were revealed days later, showing that it concerned a dispute over Oates’s reported plan to sell his share of the pair’s publishing to Primary Wave Music, the company that has acquired numerous song catalogues in recent years by artists including Prince, Stevie Nicks, Burt Bacharach and many more.
In a declaration filed at a Nashville court on Wednesday, Hall laid out his accusations against Oates, saying the planned sale was a “completely clandestine and bad faith move”, that was in “blatant violation” of longstanding business agreements between the pair. He alleged that Oates and the trustees of his estate spent several months “falsely contending” that they wanted to continue owning their share of the duo’s Whole Oats Enterprises (WOE) company, but then “surreptitiously sought to sell half of the WOE assets without obtaining my written approval”. Hall described this as “the ultimate partnership betrayal”.
A judge issued a temporary restraining order against a sale of WOE assets to Primary Wave, meaning that the case will have to enter arbitration before any sale can go ahead.
Oates filed his own response within hours, describing Hall’s statements as “inflammatory, outlandish, and inaccurate”. He added: “Over the years, Daryl has consistently and publicly been adamant about being perceived as an individual rather than as part of a duo or group. Thus, he has insisted on our being known as ‘Daryl Hall and John Oates,’ rather than the more commonly known ‘Hall & Oates’. On this point I agree. I now must act with truthfulness and make decisions that are right for myself, my family, and my artistic future.”
In his court filing, Hall wrote about the breakdown in relations between the pair, who topped the US charts six times between 1976 and 1984 with songs such as Rich Girl and I Can’t Go For That (No Can Do). He said he was “deeply troubled by the deterioration of my relationship with, and trust in, John Oates”, and claimed that Oates wanted “to create the most harm to me” with the timing of the lawsuit, as he was about to begin touring, causing “tremendous upheaval, harm, and difficulty in my life”.
He opposes the sale to Primary Wave in particular, saying: “There is no amount of money that could compensate me for being forced to partner with an entity that I did not agree to partner with, and whose business model does not comport with my views regarding the WOE assets.” He said he feared Primary Wave would use “my name and likeness for branding and [commercial] exploitations”. Primary Wave has not commented on the lawsuit. The Guardian has contacted Primary Wave for comment.
Hall says the pair had already been engaged in a less fractious “global divorce” that would bring their artistic partnership to a close, with the idea of dissolving WOE mooted. But he said he was “blindsided” by Oates’ decision to pursue a sale to Primary Wave.
In 2021, Hall spoke of his opposition to selling his publishing rights, telling Sky News: “Never sell your publishing – maybe if you’re, you know, 80 years old and you decided to retire, then you can sell your publishing, but I wouldn’t even suggest it then. I don’t believe in that concept – it’s all you have.”
Music heavyweights such as Bob Dylan and Bruce Springsteen have nevertheless sold all or part of their rights to companies including Primary Wave, Hipgnosis and major record labels in recent years, for large cash sums. The sale of Dylan’s 600-song catalogue to Universal, for example, earned the singer a reported $300m. The companies look for a return on their investment via the long-term popularity of the songs, earning royalties from them in perpetuity as well as being able to synchronise the songs for advertising, soundtracks and more.
