Sting, the trio’s bassist and singer, composed all their hits, from Roxanne to Message in a Bottle.
Consequently, he receives by far the largest share of the group’s royalties.
The Police recorded five albums which were released between 1978 and 1983.
The original agreement acknowledged the, at times, crucial contributions of the other two members, such as Summers’ guitar arpeggios on Every Breath You Take.
The verbal agreement reached in 1977 was later formalised through a written agreement in 1981.
A further agreement reiterated, albeit vaguely, the terms in 1997, before the existence of streaming.
The terms were reaffirmed in 2016 in an agreement intended to settle all financial disputes between the members of the group whose relationship by then had long become strained.
The term “streaming”, however, was not explicitly mentioned.
The dispute concerns the classification of revenue generated from services such as Spotify, Deezer and Apple Music for the purpose of royalty distribution.
Streaming revenue is traditionally divided between so-called “mechanical” royalties, collected for each reproduction of a composition, such as records, and so-called “performance” royalties, paid for the broadcast of songs, for example, on the radio.
But only mechanical royalties are included in the 2016 agreement, something Summers and Copeland consider contrary to the spirit of the original 1977 agreement.
They are demanding their share of all streaming revenue. Representatives for Sting, who sold his catalogue to Universal in 2022 for a reported $250 million, have called the legal action an “illegitimate” attempt to reinterpret the agreement.
They argue that some of the sums paid could actually constitute overpayment.
-Agence France-Presse