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Baerwald (view)

When I wrote "Come What May" I saw it as basically a piano ballad. Kevin was a terrific piano player and I'm frankly mediocre on the instrument. I can write songs and plunk out chords with the best of them, but it's just not my primary performance instrument. So I asked Kevin to play the piano for the demo. A friend of David Kitay's, an engineer named Mick Letho was staying at David's house, and David suggested I use the opportunity of the demo as a way to see how I liked working with Mick. Mick watched as I taught Kevin the song, Mick, Kevin, and I recorded the demo, and three days later Kevin suddenly and still shockingly died. I sang the song at his wake, and out of courtesy to the moment exaggerated Kevin's contribution to the song from the stage. When I was later nominated for a Golden Globe for "Moulin Rouge", Kevin's estate sued me, as well as suing Baz Luhrman, and 20th Century Fox, and Universal, and Interscope Records. When a lawsuit like this happens a songwriter's royalties are frozen, leaving me unable to hire an attorney on my own. So I didn't. Also the vast preponderance of physical evidence proving my sole authorship was so overwhelming I simply assumed that any jury looking at it would make the right choice. But they never got the chance to look at the evidence. Fox's litigator phoned me up a few days before the trial and told me that if I didn't settle that they in turn would sue me for a massive amount. I considered going to trial without an attorney, and just trusting in the incontrovertible nature of the evidence, but the prospect of having Fox destroy my life and livelihood was so severe that I agreed to settle. Also my offer of the CDs and notebooks, etc... was quite sincere. Songwriters, in particular, find it very interesting. My publisher said he plays excerpts of the CDs to songwriters as a primer on old-school-one-guy-with-a-piano- and-paper songwriting, a craft which has fallen into severe disrepair. So that's the root of the David's-a-plagiarist story. If people want to spread that particular lie, I suppose that's their right, but nobody who can rightly claim to be interested in the truth should do so.

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