In
1988 I commissioned a book on The Fall from an author called Brian Edge, a fan
who lived in Wales. It was called Paintwork:
A Portrait Of The Fall, and was in no way authorised by Smith or anyone
else. It was only 96 pages long, illustrated throughout, and is long out of
print, though ‘used’ copies can be bought on Amazon for about £20 now, with
‘new’ ones on sale for over £100, which probably reflects their rarity value.
Soon
after its publication Smith contacted me at Omnibus, not to harangue me for
publishing an unauthorised book, as might be expected, but to tell me he’d read
it, quite liked it, and would be interested in buying copies at a wholesale price
to sell at his gigs. This was unusual, a first in fact. Omnibus specialised in
‘unauthorised’ books. Most acts couldn’t care less, a few sent lawyers’ letters
claiming breach of copyright that we swatted away like flies, but none offered
to buy unauthorised books to resell to make a profit.
‘Fine,’
I told Mark. ‘Why don’t you come by the office next time you’re in London?
We’ll work something out.’
‘Great,’
he said in his croaky Mancunian accent. ‘Next Thursday. Three o’clock?’
‘OK.
See you then.’
This
was a mistake on my part. I should have scheduled the meeting for the morning,
before the pubs opened. He arrived at our offices stinking of beer and
cigarettes, no doubt having spent at least two hours in a pub. He had about him
the air of a rough sleeper who’d spent the previous night dossed down on
someone’s floor in the same clothes he was wearing for our meeting. His hair
was uncombed. He wasn’t a vain man, I decided, certainly not your typical rock
star. He was fairly drunk too, but not belligerent, though I was afraid his
mood might change if the meeting didn’t go the way he hoped. I offered him a
cup of tea.
‘You
haven’t got any beer have you?’
Sorry.
Mark
wanted 100 books. I offered to sell them to him at half price, the same sort of
discount that bookshops demand. He wanted a bigger discount. Since sales
weren’t really my department I said I’d have to consult the sales manager
before I could agree. He nodded and for a moment I thought he was going to fall
asleep.
‘It’s
not a bad book,’ he said, waking up. ‘Let me know.’
Then
he lurched off, probably back to the pub.
A
day or two later I contacted his office – he’d given me a number – and told
someone on the other end of the phone we would sell them to him at 55%
discount. We never heard back.
* * *
In
2008 Omnibus published a far more substantial book on Mark and The Fall,
written with his co-operation by Mick Middles, the well-known chronicler of
Manchester’s music scene. I thought this would be the nearest thing to an
autobiography and therefore a thoroughly worthwhile project. I think it was
Mick that called me to say that Mark was up for it. I did a deal with Mick and I
guess Mick did a deal with Mark, the details of which were none of my business,
though I assumed that Mick would lob some of the advance Mark’s way in return
for interviews.
The contract for the book contained the usual clause to the effect that the author warranted that the contents were his or her own copyright and, because the book would contain some lyrics, I made a point of confirming that Mark did in fact own the copyrights of the lyrics in the book. Via Mick Mark said he did, and the book contained a credit which read: All lyrics used by permission. © Mark E. Smith. Cog Sinister. All rights reserved. Another clause prohibited the authors from writing and/or causing to be published a similar book within five years.
The contract for the book contained the usual clause to the effect that the author warranted that the contents were his or her own copyright and, because the book would contain some lyrics, I made a point of confirming that Mark did in fact own the copyrights of the lyrics in the book. Via Mick Mark said he did, and the book contained a credit which read: All lyrics used by permission. © Mark E. Smith. Cog Sinister. All rights reserved. Another clause prohibited the authors from writing and/or causing to be published a similar book within five years.
This book, titled simply The Fall and credited to Mark E. Smith
and Mick Middles, was a more substantial affair than the previous book but is
cheaper to buy on Amazon now, probably because it has remained in print until
only very recently. It wasn’t quite the Mark E. Smith autobiography I was
hoping for. I sensed that the time Mick spent with Mark didn’t really bring
forth the material that Mick hoped. But it wasn’t a bad effort, and was
certainly the nearest thing to an authorised Fall book thus far published. It’s
done pretty well too, as evidenced by the fact that it remained in print for
almost a decade.
Of course, something was bound to go
wrong. About a month after its publication a music publisher based in
Manchester got in touch to say that he owned the copyright to Mark’s lyrics as printed
in the book and wanted, I think, £5,000, or else he’d sue us for breach of
copyright. In normal circumstances, ie had we cleared copyright before going to
press, the use of the lyrics would have cost us about £500. The publisher knew
this and so did I.
‘But we have a warranty from Mark E.
Smith saying he owns the copyrights,’ I said.
‘He sold them to me for [undisclosed
cash sum] a few years ago. He was skint at the time.’
‘Well, you’d better sort this out with
him.’
The conversation went no further and
the issue was not resolved. I got the distinct impression that the transaction
whereby this publisher acquired the rights to Mark E. Smith’s songs took place
in a pub, was a cash deal and that some of the cash was spent over the bar that same
night. This is conjecture on my part, of course. Clearly the publisher took the
view that Omnibus Press and its parent company Music Sales were far more likely
to have £5,000 in the bank than Mark E. Smith, and he was probably right. We
got a lawyers’ letter a week or two later but we wriggled out of it because it
transpired we had a print music deal with that self-same publisher and claimed
we therefore had the right to print lyrics controlled by them. No you don’t,
they said. Yes we do, we said. We never heard from them again.
But it wasn’t quite over. Early the
following year Penguin published The
Renegade: The Lives & Tales of Mark E. Smith, credited solely to Smith on the cover though in reality it was ghost-written by Austin Collings.
This was the book that I had hoped to publish, a no-holes barred autobiography
that, of course, Smith wasn’t supposed to write because of the agreement with
Omnibus Press that Mick Middles had signed. Or so I thought. Of course I rang up Penguin and pointed this
out. Whoever I spoke to in their editorial department laughed heartily. Their
book had been in production for some considerable time, probably commissioned before ours, which meant that Smith
wasn’t supposed to co-operate with Mick Middles on our book in the first place.
Furthermore, I got the distinct impression that Penguin had experienced some peculiarities
in their dealings with Mark as well, which might have explained why their book
came out after ours.
As I write, The Renegade sits at the top of Amazon’s Rock Book Chart.
Loveable rogue indeed. RIP.
Loveable rogue indeed. RIP.