After resolving a legal dispute with former bandmates Jim Kale and Garry Peterson in 2024, Burton Cummings and Randy Bachman from The Guess Who are now facing a new lawsuit. Kale and Peterson are suing their performing rights organization, claiming they have suffered significant financial losses.
In 2024, Cummings, who holds the publishing rights to The Guess Who’s popular songs like “These Eyes” and “American Woman,” removed the band’s tracks from BMI’s licensing catalog. This action was taken to prevent Kale and Peterson from performing these songs under The Guess Who name. Consequently, Cummings relinquished certain royalties associated with the songs, resulting in financial setbacks.
Kale and Peterson allege that BMI provided inaccurate information regarding the termination date of Cummings’s licensing agreement. This misinformation led to the cancellation of their U.S. tour in 2024, causing them to miss out on potential earnings from live performances. The ongoing legal battle does not involve the current lineup of The Guess Who, consisting of Cummings and Bachman.
Kale and Peterson claim that they were blindsided during a soundcheck on April 6, 2024, when BMI abruptly terminated their performance agreement. Their legal representative, Michael Machat, stated that the cancellation of the tour had adverse effects on their booking company, BiCoastal Productions, and the venues where the shows were scheduled to take place.
BMI refuted the allegations made by Kale and Peterson, asserting that they acted in accordance with information provided by SOCAN, the foreign society representing copyright holders. Meanwhile, Cummings and Bachman have reunited for a 2026 tour, with a successful performance in Niagara Falls on Jan. 31.
Despite the legal challenges, the ongoing disputes have not affected The Guess Who’s current lineup or their successful reunion tour.