POP CULTURE & MUSIC HISTORY
The Bittersweet Story of a Bitter Sweet Symphony
How a 90s anthem earned the Verve just $1000
The Verve’s “Bitter Sweet Symphony” was, in my opinion, the last great Britpop song and a defining tune of the 1990s.
In the late 90s, you could hear “Bitter Sweet Symphony” everywhere. It was heard in indie nightclubs, on the Cruel Intentions soundtrack, on Nike commercials, and every time England played international football/soccer.
The “Bitter Sweet Symphony” melody is based on a sample from the Andrew Oldham Orchestra cover of the Rolling Stones’ 1965 song, “The Last Time.” Legal controversy and avaricious copyright claims around the use of that sample meant that the Verve only received token royalties for one of the greatest songs of the 1990s.
“The Last Time” is heavily inspired by the Staple Singers’ 1954 tune, “This May Be the Last Time/” Also, it is the Andrew Oldham Orchestra recording that features those distinctive string passages heard in the Verve’s “Bitter Sweet Symphony.” But that didn’t stop copyright claims made on behalf of the Rolling Stones from taking priority.
The Last Time and This May Be the Last Time
“The Last Time” was the first single written by Mick Jagger and Keith Richards. It was the Rolling Stones’ third single to reach number one on the UK singles chart, spending three weeks there in early 1965.
The refrain from “The Last Time” is pretty much identical to “This May Be the Last Time“. The Staple Singers recorded this gospel song back in 1954. Probably because their song is considered “traditional,” the Staple Singers were not credited on the Rolling Stones’ “The Last Time.” Also, the main melody and riff are completely different in the Stones’ song.
The Andrew Oldham Orchestra
Andrew Loog Oldham was the Stones’ manager and record producer. He formed his orchestra as a side project, enlisting various musicians to create orchestral versions of Rolling Stones songs.
In 1966, the Andrew Oldham Orchestra recorded “The Last Time” for the album The Rolling Stones Songbook. Composer and arranger David Whitaker, wrote and arranged the song.
David Whitaker’s prolific music career
David Whitaker — not to be confused with the other David Whitaker who wrote for Doctor Who — was born in 1931 in Kingston-upon-Thames, Surrey. He provided the music for the Andrew Oldham Orchestra’s homages to the Rolling Stones, the Beach Boys, and the Four Seasons. Whitaker also arranged sessions for the likes of Nico and Vashti Bunyan. He spent much of the 60s working in the yé-yé scene in Paris with artists like Johnny Hallyday, Sylvie Vartan, Claude François, France Gall, and Serge Gainsbourg.
In the 70s, Whitaker wrote the music scores for horror films like Scream and Scream Again, Dr Jekyll and Sister Hyde, and Vampira. In later years, he arranged recordings for Kenickie, Air, Natalie Imbruglia, S Club 7, Simply Red, and Eurythmics.
Whitaker passed away in 2012.
Is Andrew Oldham Orchestra’s version the “Bitter Sweet Symphony” original?
The Andrew Oldham Orchestra version of “The Last Time” sounds closer to “Bitter Sweet Symphony” than the Rolling Stones’ “The Last Time.” It’s all about the strings—and tubular bells.
Neither strings nor tubular bells feature in the “The Last Time.” But if you strip back the strings and increase the tempo of the Andrew Oldham Orchestra version, you’ll hear “The Last Time.”
Still, I can’t find a musical link between the Verve’s “Bitter Sweet Symphony” and the Stones’ “The Last Time.”
“You’re a slave to money, then you die”
In 1997, the Verve released “Bitter Sweet Symphony” as the lead track from their third studio album, Urban Hymns. It’s a song about the drudgery and boredom of everyday life.
“Bitter Sweet Symphony” was written by the Verve’s lead singer, Richard Ashcroft. Ashcroft’s father had a dissatisfying job as an office clerk before dying of a brain haemorrhage when Ashcroft was a child. (If you want to know about life as an office clerk, check out the lyrics to “Echo Beach.”)
Anyway, that’s the inspiration for “Bitter Sweet Symphony.”
A 90s anthem
“Bitter Sweet Symphony” shot to number two on the UK singles chart and stayed there for three months. It paved the way for the Verve’s next single, “The Drugs Don’t Work,” which went to number one. In 1997, Rolling Stone and NME magazines named “Bitter Sweet Symphony” Single of the Year. It was also nominated British Single of the Year for the 1998 Brit Awards. Alas, All Saints’ “Never Ever” won.
In the US, “Bitter Sweet Symphony” went to number 12 on the Billboard Hot 100, the Verve’s only American hit. In 1999, the song was nominated for a Grammy for Best Rock Song. Instead, “Uninvited” by Alanis Morissette won. “Bitter Sweet Symphony” is also featured in the final scene of the 1999 movie Cruel Intentions.
In 2019, Ashcroft won the Ivor Novello Award for Outstanding Contribution to British Music.
Continuous shot video clip
The “Bitter Sweet Symphony” music video is just as memorable as the song. A pasty Ashcroft walks down a busy pavement in Hoxton, London, oblivious to what’s going on around him. He bumps into people but refuses to break his stride.
The music video is a homage to Massive Attack’s “Unfinished Sympathy” video, which features vocalist Shara Nelson walking down a street in Los Angeles, oblivious to the poverty around her. The “Bitter Sweet Symphony” video was nominated for Video of the Year, Best Group Video, and Best Alternative Video at the 1998 MTV Video Music Awards.
Losing the rights to your own song
The Verve negotiated rights to use a five-note (six-second) sample of the string melody from the Andrew Oldham Orchestra version of “The Last Time.” The recording’s copyright holder, Decca Records, granted those rights in exchange for half the “Bitter Sweet Symphony” royalties.
What got the Verve in trouble was that they didn’t obtain permission from former Rolling Stones manager Allen Klein, who owned the copyright to the band’s pre-1970 songs, including “The Last Time.”
Early in their career, the Stones signed a lopsided contract with Klein. They later had to make big concessions to get out of it. And that’s how Klein gained publishing rights to all Rolling Stones songs recorded before 1970.
Victory for Allen Klein and not many others
Even though “Bitter Sweet Symphony” was already released, Klein refused to grant the Verve rights to use the sample from the Andrew Oldham Orchestra’s “The Last Time.” Indeed, he claimed that the string section amounted to more than just a small sample and said it infringed the songwriters’ copyright.
This is where I’m confused. Whitaker wrote the string section of the Andrew Oldham Orchestra version of “The Last Time” — not Jagger and Richards. And if we go down this route, what about the Staple Singers’ rights? And Whitaker’s?
Besides, it sounds like the Verve are only using a very small sample from the Andrew Oldham Orchestra’s “The Last Time” — just on a loop. But hey, I’m not a lawyer, and neither is Richards.
“I’m out of whack here, this is serious lawyer [stuff].” Keith Richards, 1999
A lawsuit with Klein’s holding company, ABKCO Records, was settled out of court. This resulted in the Verve relinquishing all royalties from “Bitter Sweet Symphony” to Klein. The songwriting credits were changed to Jagger/Richards/Ashcroft, with Ashcroft receiving a measly flat fee of $1,000.
“I was put under duress to sign away one of the greatest songs of all time.” Richard Ashcroft
In 1999, Oldham also successfully sued for royalties. He joked that he bought “a pretty presentable watch strap” with the money he received.
As for Klein, he made a tidy profit every time “Bitter Sweet Symphony” was featured in TV programs, movies, commercials, and anywhere else.
Getting their song back
In 2019, Jagger and Richards signed over their publishing rights for “Bitter Sweet Symphony” to Ashcroft.
“As of last month, Mick Jagger and Keith Richards signed over all their publishing for ‘Bitter Sweet Symphony’, which was a truly kind and magnanimous thing for them to do. I never had a personal beef with the Stones. They’ve always been the greatest rock and roll band in the world. It’s been a fantastic development. It’s life-affirming in a way.” Richard Ashcroft
Interestingly, had the Verve retained publishing rights to “Bitter Sweet Symphony,” it’s unlikely they would have agreed to its use on a Nike commercial and other such ventures, which introduced the song to the US and led to its success over there.
“Of course there was a huge financial cost but any songwriter will know that there is a huge emotional price greater than the money in having to surrender the composition of one of your own songs. Richard has endured that loss for many years.” The Rolling Stones
The original version of “Bitter Sweet Symphony” is “Bitter Sweet Symphony”
The opening to “Bitter Sweet Symphony” isn’t exactly a sample of the Andrew Oldham Orchestra’s “The Last Time.” Although based on the same notes, British music producer Wil Malone arranged the Verve's version. Even so, the music clearly comes from the Andrew Oldham Orchestra recording.
But there’s so much more to “Bitter Sweet Symphony.”
Ashcroft wrote the lyrics and sings in a completely different vocal style from the Stones. I reckon the song is his. It just happens to use a sample from the Andrew Oldham Orchestra recording — a sample the Verve thought they had permission to use.
What do you think?
References Bitter Sweet Symphony Bitter Sweet Symphony by The Verve The Bitter Sweet Symphony dispute is over Bitter Sweet Symphony — The Verve David Whitaker obituary The Last Time (Rolling Stones song)
