Veteran crooner Paul Anka will receive 50 percent of the publishing rights for “This Is It,” the posthumous single originally credited to Michael Jackson and released yesterday (October 12) to great fanfare.
Billed as a “new” Michael Jackson recording, the song in fact dates back to 1983, when Jackson and Anka co-wrote the track for intended inclusion on an Anka album. After the two men had a falling out, Jackson absconded with the master tapes, which Anka later retrieved. The song was eventually recorded in 1991 by a Latin singer named Safire, under the track’s original title, “I Never Heard.”
“They did the right thing,” Anka told the Associated Press, speaking about the Jackson estate and about how the matter was resolved. “I don’t think that anybody tried to do the wrong thing – it was an honest mistake.”
The track was recently discovered in demo form – featuring only Jackson’s voice and piano – in a box of tapes. According to the New York Times, Columbia/Epic Records executive Rob Stringer realized the record company had make an error only after Jackson fans began pointing out the similarities to “I Never Heard.”
Meanwhile, although the issue has been resolved between Anka and Jackson’s estate, the artist known as Safire may seek to participate in the profits. Speaking to Entertainment Weekly, Safire’s manager Sal Abbatiello said he’s considering filing a lawsuit on behalf of the singer.
“This is a terrible mistake,” Abbatiello said, prior to the announcement that Anka and the Jackson estate had come to terms. “I’m pretty sure Paul Anka has a big case. I don’t know if Safire has any legal right as the artist. I’ll have to contact my lawyers. But, hopefully.”