Singer’s Story

By: David Divers
(© 2008-2009 by the author)
Edited by: Madison Cole

The author retains all rights. No reproductions are allowed without the author's consent. Comments are appreciated at...

Chapter 6
Every Good Boy Does Fine

The next morning the community and religion reporter for the local newspaper arrived and asked to interview us. She had attended the show the night before, but had been unable to get through the crowd to talk to us afterwards. We still had a few hours available before my family and I left for a revival in Mobile, and Chris and his band would be going on to Texas later that day. So, the two of us agreed to sit for the interview.

The reporter’s first question was, “Do you make a practice of calling the young people up to the front when you play?”

I told her, “It was a spontaneous thing. I am not an evangelist—my Daddy is. I had never done it before in my life. It seemed to me that some of those kids were kind of idolizing me and Chris. I am not the ‘Idol.’ If anyone is, it should be Jesus. All I did was to try to redirect their attention where it belongs—to Him. It was not our aim to steal attention away from the One we all came to praise. If they need an idol beyond that, it should be their Daddy or their Pastor, not some singer who comes and goes.”

She asked, “How long have you two been singing together?”

I said with a short laugh, “We began singing together at about nine AM yesterday morning, but I personally have been singing harmony since I was a kid. Chris also came out of a gospel group before he went solo. There is a big difference between two people who can get up and sing in unison—two individual voices. But real harmony takes a connection of spirits, and I think we had that both yesterday on the radio and last night at the show. I can’t speak for Chris, but I would like to continue singing with him in the future if we can work things out in our individual schedules and other commitments.”

The interviewer said, “Usually, that close harmony comes from a lifetime of family singing. It was really something special to hear. And the connection you made to these young people was also unique. You guys are sort of like the ‘Pied Pipers of the Gulf Coast.’ That would be a good name if you ever decided to get together and record.”

The reporter continued, “I was also impressed with the fact that when I entered the bus security compound this morning, there was a crowd of young people still gathered out there.” She added, “When the security guard let me in the gate, the kids pleaded with me to get you guys to come to the gate and talk.”

The reporter continued on for a bit and we answered some of the usual questions with our standard answers. Then she asked, “Do you intend to record together?”

Both of us quickly agreed. I said, “We would love to, if and when our label and the management company approves. They are the ones who do all the scheduling for my family anyway, and it might prove difficult to make happen.”

She then remarked, “You could be like Waylon and Willie—two separate careers, but when they get together, they are one of the most popular duos in the history of country music.”

Chris observed, “Yes, but we are sober and drug free! We would love to have some songs to share with those who love our kind of music, whether they are country or gospel music fans. But speaking for myself, if I had to become an ‘outlaw’ to do it, I, for one, would have to pass.”

“Me too,” I added.

Chris continued, “Look, I’m not here to judge anybody. Those gentlemen have their individual styles and are both fine singers and musicians. And I am sure that as people they are great guys to know, but there is a line that I personally won’t cross in order to be successful. So, if I had to use them as role models, I would rather flip burgers for the rest of my life.”

After a few more questions and more pictures, the interview ended. We escorted the reporter to the gate and the screams and cheering started as soon as the crowd that had gathered caught sight of us.

I had learned a lesson the night before when we were overwhelmed by the people in the audience. Chris and I looked at each other and decided that we would let them into the compound one by one to have their pictures taken with us and sign autographs. We also chatted with them through the chain-link fence. There was no way that I wanted to get mobbed in a crowd again. Many wanted pictures of Chris and me together. But we had none to give them of us as a duo. And, despite having a top ten song, I had no individual publicity pictures of me at all. There were Stone Family pictures, but I had none of just me. Chris gave out what pictures he had of himself, and then it was time to go. The two of us quietly made plans to get together again as soon as our schedules permitted for more than just singing.

Within a short week, the CD of our radio interview and the newspaper article entitled “The Pied Pipers of Biloxi” reached our label as well as the management company. It was circulated to all of the gospel music trade publications and soon my song “Ripples” hit #1 on the gospel charts.

The family was on tour at the time, but the management company decided to curtail some of our schedules in order to bring Chris and me into the studio. About the time we arrived back at the hollow, it was announced that I had been nominated by the nation’s gospel music fans for the Best New Male Artist of the year award.

While there are other awards that are given out by different organizations and publications, there is only one in gospel where nominations are made by the fans themselves. Although it sounds like a cliché, it really was an honor just to be nominated for this award, let alone to actually receive it. I couldn’t help but think about the fact that five years before, Chris had also won this award in the same category. Of course he had received many other awards every year since then. Those included gospel entertainer of the year, recording of the year, and several others. I was surprised and thrilled to even be nominated for an award Chris had won.

The irony of the matter was that I had a #1 record and had been nominated for this prestigious award, but Billy Ray Stone didn’t even have a contract with our label or any kind of an individual management deal. Basically, I was penniless teenager except for the allowance my Daddy gave me. While there was money in the bank for the Stone Family as a group, I personally had nothing—even if up to that point I didn’t really need anything.

The contract Daddy had originally signed was a development deal, so basically we were working for wages. They had the six of us in the family under contract as a group, paying us a lump sum for our services. The label provided the means and the management; we provided the talent. The bus, the sound system, and even our stage clothes were their property. We had been on the road almost continuously for two years and we had little to show for it except the good will and friendships we had formed with the congregations and fans. Although the family made more money than the average person on the street did, money was not the problem—bondage was.

When Daddy went to discuss our future with the label, their attorneys declared their intent to maintain the contract just as it was. I was still a minor and therefore had no individual rights. If I was going to record, I was bound by the original contract’s terms. Daddy hired a prominent Nashville entertainment attorney to look into the matter.

The attorney could not find much in the old contract which would offer a solution. However, he advised that the family contract was not binding for me past the time I became an adult of legal age. Once I reached eighteen, the contract would no longer apply to me in any way.

Therefore, the lawyer recommended that we go to court and have the judge pronounce me emancipated by judicial declaration. The emancipation decree would state that I had the full legal rights of an adult—including the right of an adult to enter into contracts. That is exactly what we did. For the sum of $250.00, I legally became a free “man” in the eyes of the law, even if my chronological age was only fifteen. If the label should take us to court, the ruling would affirm that I was no longer bound by that old contract.

As an individual, I could enter into a contract with any other label or management company I chose. On the advice of Chris, with whom I was in contact throughout this strange process, I hired the same attorney to enter into negotiations on my behalf for a contract with whatever label made the best offer. The attorney would also negotiate with other management companies to guide my personal career as well as my participation in the Stone Family as a group. He also formed a type “S” corporation for me and a second one for the Stone Family. Although he explained all of the advantages, all I had ever wanted to do was continue to make music.

My new contract was eventually signed with the same label and management as before, but with very different arrangements. The attorney was also able to renegotiate the Stone Family’s contract. I was a part of that new contract, along with a full and equal partnership shared between my parents, my two brothers and my sister. It was a true contract where we would all legally be equal partners.

The financial details are unimportant, but we then had the right to purchase or lease our own buses, equipment, and other necessities, and also offset their cost in taxes. We could hire and fire any employee we needed in order to make life easier on the road. The first employee we hired was a full-time bus driver so that Daddy could relax and focus on music and writing songs.

We were also able to hire studio time in any studio we wanted to use and to produce our own recordings if we chose to do so. The label would manufacture and distribute our original recordings for a set share of the profits. We would also have our own legal and accounting team to keep track of all the expenses, and also ensure that we received everything we were entitled to under the terms of the contracts.

To be continued...

Posted: 07/17/09