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==== Carl's death and band name litigation ==== [[File:The Beach Boys concierto.jpg|thumb|The touring lineup of Mike Love and Bruce Johnston's "The Beach Boys Band", with David Marks, in 2008]] Early in 1997, Carl was diagnosed with lung and brain cancer after years of heavy smoking. Despite his terminal condition, Carl continued to perform with the band on its summer tour (a double-bill with the band Chicago) while undergoing chemotherapy. During performances, he sat on a stool and needed oxygen after every song.{{sfn|Carlin|2006|pp=286β287}} Carl died on February 6, 1998, at the age of 51, two months after the death of the Wilsons' mother, Audree.<ref>{{cite news |last1=Lopez |first1=Robert |last2=Kerkstra |first2=Patrick |title=Beach Boy Carl Wilson Dies of Cancer at 51 |url=https://www.latimes.com/archives/la-xpm-1998-feb-08-mn-16912-story.html |access-date=December 20, 2021 |work=Los Angeles Times |date=February 8, 1998 |ref=carlDeath}}</ref> <!-- The same month, Mike Love, Bruce Johnston, and David Marks created the album "[[Salute NASCAR]]" for the 50th anniversary of [[NASCAR]]. It was produced by [[Adrian Baker]] and sold exclusively at Union 76 gas stations. Contrary to the album cover, Bruce Johnston only appears on the album's intro and David Marks only did a few guitar overdubs, making it primarily a Mike Love album.<ref>[https://tvtropes.org/pmwiki/pmwiki.php/Music/SaluteNASCAR]</ref> The album consists entirely of covers and was received negatively by fans, having a user score of 11 on Album Of The Year.<ref>[https://www.albumoftheyear.org/album/406177-mike-love-salute-nascar.php]</ref> needs better sources and corrections --> After Carl's death, Jardine left the touring line-up and began to perform regularly with his band "Beach Boys: Family & Friends" until he ran into legal issues for using the name without license. Meanwhile, Jardine sued Love, claiming that he had been excluded from their concerts,<ref>{{cite magazine|first=Charles|last=Bermant|title=Jardine Loses "Beach Boys"|url=https://www.rollingstone.com/music/news/jardine-loses-beach-boys-20010803|magazine=Rolling Stone|date=August 3, 2001|access-date=September 15, 2017|archive-date=May 25, 2017|archive-url=https://web.archive.org/web/20170525143443/http://www.rollingstone.com/music/news/jardine-loses-beach-boys-20010803|url-status=live}}</ref> BRI, through its longtime attorney, Ed McPherson, sued Jardine in Federal Court. Jardine, in turn, counter-claimed against BRI for wrongful termination.<ref>{{Cite web|url=https://www.casemine.com/judgement/us/5914b847add7b049347841d8|title=BROTHER RECORDS, INC. v. JARDINE | 318 F.3d 900 | 9th Cir. | Judgment|website=Casemine.com|access-date=October 17, 2019|archive-date=August 30, 2019|archive-url=https://web.archive.org/web/20190830015442/https://www.casemine.com/judgement/us/5914b847add7b049347841d8|url-status=live}}</ref> Courts ruled in Love's favor, denying Jardine the use of the Beach Boys name in any fashion. However, Jardine proceeded to appeal this decision in addition to seeking $4 million in damages. The [[California Court of Appeal]] proceeded to rule that "Love acted wrongfully in freezing Jardine out of touring under the Beach Boys name", allowing Jardine to continue with his lawsuit.<ref name="Billboard">{{cite web|url=https://www.billboard.com/articles/news/68217/al-jardine-gets-ok-to-sue-mike-love|title=Al Jardine Gets OK To Sue Mike Love|publisher=Billboard|date=November 12, 2003|access-date=January 5, 2021}}</ref> The case ended up being settled outside of court with the terms not disclosed.<ref>{{cite web|url=https://www.mercurynews.com/2008/03/23/beach-boys-lawsuit-settled/|title=Beach Boys lawsuit settled|publisher=The Mercury News|date=March 23, 2008|access-date=January 5, 2021}}</ref> BRI ultimately prevailed.<ref>{{cite magazine |title=Settlement Reached In Beach Boys Name Dispute |url=https://www.billboard.com/articles/news/1046108/settlement-reached-in-beach-boys-name-dispute |magazine=Billboard |date=March 21, 2008 |access-date=June 2, 2021 |archive-date=June 4, 2021 |archive-url=https://web.archive.org/web/20210604140450/https://www.billboard.com/articles/news/1046108/settlement-reached-in-beach-boys-name-dispute |url-status=live }}</ref> Jardine's final appearance with the band for more than a decade occurred on May 9, 1998, which was the final official Beach Boys show performed before the license dispute.<ref name="Bellagio G&S 1998">{{cite web |last1=Doe |first1=Andrew G. |display-authors=et al. |title=Gigs & Sessions:1998 |url=http://bellagio10452.com/gigs98.html |website=Bellagio10452.com |access-date=July 15, 2024}}</ref><ref name="Billboard"/> During the license dispute, Love (with Marks) toured as "The California Beach Band"; it was previously believed he did so "America's Band", but this has since been disproven.<ref name="Bellagio G&S 1998" /> Love then continued touring with Johnston (and David Marks, until he left the band again in 1999, due to health issues when he was diagnosed with [[hepatitis C]]<ref>{{cite news |title = Celebrity Health β David Marks|work = BBC News|date = May 23, 2008|url = http://news.bbc.co.uk/2/hi/7414433.stm|access-date = October 11, 2011}}</ref><ref>{{harvnb|Stebbins|2007|p=228}}</ref>), after securing a license from BRI, with the first performance of the 'reorganized' Love and Johnston-led touring band on July 4, 1998.<ref name="Bellagio G&S 1998" /><ref name="Billboard"/> In 2000, ABC-TV premiered a two-part television miniseries, ''[[The Beach Boys: An American Family]]'', that dramatized the Beach Boys' story. It was produced by ''[[Full House]]'' actor [[John Stamos]], and was criticized by numerous parties, including Brian Wilson, for historical inaccuracies.<ref>{{cite news|last1=Holdship|first1=Bill|title=Heroes and Villains|url=http://smileysmile.net/board/index.php?topic=2371.25|work=[[Los Angeles Times]]|date=April 6, 2000|access-date=July 7, 2016|location=[[Chicago]]|archive-date=March 3, 2016|archive-url=https://web.archive.org/web/20160303235253/http://smileysmile.net/board/index.php?topic=2371.25|url-status=live}}</ref> ''[[Sounds of Summer: The Very Best of the Beach Boys]]'', a greatest hits compilation, was released in 2003, eventually going multi-platinum. In 2004, Wilson recorded and released his solo album ''[[Brian Wilson Presents Smile]]'', a reinterpretation of the unfinished ''Smile'' project. That September, Wilson issued a free CD through the ''[[Daily Mail|Mail On Sunday]]'' that included Beach Boys songs he had recently rerecorded, five of which he co-authored with Love. The 10 track compilation had 2.6 million copies distributed and prompted Love to file a lawsuit in November 2005; he claimed the promotion hurt the sales of the original recordings and that his image was used for the CD.<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2005-nov-04-et-quick4.4-story.html |title=Mike Love sues Brian Wilson |last1=Lewis |first1=Randy |date=November 4, 2005 |newspaper=Los Angeles Times |access-date=August 4, 2013 |archive-date=November 6, 2013 |archive-url=https://web.archive.org/web/20131106074311/http://articles.latimes.com/2005/nov/04/entertainment/et-quick4.4 |url-status=live }}</ref> Wilson's wife [[Melinda Ledbetter|Melinda]] alleged that, during the deposition, Love turned to Wilson and remarked: "you better start writing a real big hit because you're going to have to write me a real big check".<ref>{{cite web|url=https://www.rollingstone.com/music/music-news/beach-boys-brian-wilson-finally-defeats-one-of-mike-loves-dubious-lawsuits-120182/|title=Beach Boys' Brian Wilson Finally Defeats One of Mike Love's Dubious Lawsuits|publisher=Rolling Stone|date=May 14, 2007|last=Greene|first=Andy|access-date=January 5, 2021}}</ref> Love's suit was dismissed in 2007 when a judge determined that there were no triable issues and that the case was without merit.<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2007-may-16-et-quick16.1-story.html |title=Beach Boys lawsuit dismissed |last1=Lewis |first1=Randy |date=May 16, 2007 |newspaper=Los Angeles Times |access-date=August 4, 2013 |archive-date=February 27, 2009 |archive-url=https://web.archive.org/web/20090227081628/http://articles.latimes.com/2007/may/16/entertainment/et-quick16.1 |url-status=live }}</ref><ref name="LA Times">{{cite news|title= Beach Boys lawsuit dismissed |url=http://www.proquest.com/|access-date=June 27, 2010|newspaper=Los Angeles Times|date=May 16, 2007|page=E.3}}</ref> In 2006, Brian Wilson, Love, Jardine, Marks, and Johnston participated in a non-performing reunion on the rooftop of the Capitol Records building in Los Angeles to celebrate that ''Sounds of Summer'' had been certified double-platinum.<ref name="Billboard 2012-2006 rooftop reunion">{{cite magazine |last1=Graff |first1=Gary |title=The Beach Boys: How The Reunion Happened |url=https://www.billboard.com/music/music-news/the-beach-boys-how-the-reunion-happened-1095910/ |magazine=Billboard |publisher=Billboard/Penske |access-date=July 17, 2024 |date=June 5, 2012}}</ref> Later that year, Jardine joined Brian Wilson and his band for a short tour celebrating the 40th anniversary of ''[[Pet Sounds]]''.<ref>{{cite news|last=Ratliff|first=Ben|title=Wouldn't It Be Nice Not to Fuss Over Significance or Perfection?|url=https://www.nytimes.com/2006/11/23/arts/music/23wils.html|website=[[The New York Times]]|date=November 23, 2006 |access-date=January 7, 2020}}</ref> In 2008, Marks briefly reunited with Love and Johnston's touring band for a tour of Europe.<ref name="Bellagio G&S 2008">{{cite web |display-authors=et al. |last1=Doe |first1=Andrew G. |title=Gigs & Sessions: 2008|url=http://bellagio10452.com/gigs08.html |website=Bellagio10452.com |access-date=July 17, 2024}}</ref> In 2010, Jardine released ''[[A Postcard from California]]'', his solo debut, in June 2010 (re-released with two extra tracks on April 3, 2012). The album features contributions from Beach Boys Brian Wilson, Carl Wilson (posthumously), Bruce Johnston, David Marks, and Mike Love. Other guests with Beach Boys connections included Glen Campbell, [[Scott Mathews]], [[Stephen Kalinich]], and [[Gerry Beckley]] and [[Dewey Bunnell]] of [[America (band)|America]].<ref name="huffingtonpost1">{{cite news|url=http://www.huffingtonpost.com/mike-ragogna/ema-postcard-from-califor_b_697112.html|title=Mike Ragogna: A Postcard From California: A Conversation with The Beach Boys' Al Jardine|publisher=HuffPost|date=August 27, 2010|access-date=November 5, 2011}}</ref> Also in 2010, Brian Wilson and Jardine sang on "We Are the World 25: for Haiti", a new recording of "We Are the World" (with partially revised lyrics), which was released as a charity single to benefit the population of Haiti.<ref name="Bellagio Guest Appearances">{{cite web |display-authors=et al. |last1=Doe |first1=Andrew G. |title=Guest Appearances |url=http://bellagio10452.com/guesting.html |website=Bellagio10452.com |access-date=July 11, 2024}}</ref> Jardine made his first appearance with the Beach Boys touring band in more than 10 years in 2011 at a tribute concert for [[Ronald Reagan]]'s 100th birthday;<ref>{{cite web|last=Flanary|first=Patrick|title=Pacific Ocean coup: how Ronald Reagan helped bury a Beach Boy at sea |url=https://www.theguardian.com/music/2019/may/22/beach-boys-dennis-wilson-buried-at-sea-ronald-reagan-help |website=The Guardian|date=May 22, 2019 |access-date=January 7, 2020}}</ref> at this concert, he sang lead on "Help Me, Rhonda" and "Sloop John B". He made a handful of other appearances with Love and Johnston's touring band in preparation for a reunion.
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