Vinnie Vincent

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Vinnie Vincent
Background information
Birth name	Vincent John Cusano
Born	August 5, 1952 (1952-08-05) (age 55) Bridgeport, Connecticut, United States
Genre(s)	Glam metal, heavy metal, hard rock
Occupation(s)	Musician, Songwriter
Instrument(s)	Guitar
Years active	1982-Present
Associated acts	Vinnie Vincent Invasion, Kiss, Dan Hartman, Treasure, Laura Nyro, Warrior, Heat

Vincent John Cusano (born August 6, 1952, in Bridgeport, Connecticut), better known as Vinnie Vincent, is a guitarist and songwriter most famous for his brief membership in the band KISS. Vincent played a few lead guitar solos on the album Creatures of the Night and subsequently toured with KISS in "Ankh Warrior" makeup created by Paul Stanley, KISS's lead singer and rhythm guitarist. After that, he remained with KISS for one additional album, Lick It Up recorded in 1983, before being fired from the band. He later performed as a solo artist and with his own band, Vinnie Vincent Invasion featuring Dana Strum on bass guitar, Bobby Rock on drums and Robert Fleischman (ex-Journey) on lead vocals, who was replaced by Mark Slaughter for that tour, and also appeared on the next album, All Systems Go. Vinnie was also a staff songwriter for the television series Happy Days.

[edit] Replacing Ace Frehley in KISS

Vincent was brought in as an uncredited studio replacement for Ace Frehley, who later went on to form Frehley's Comet, during recording for Creatures of the Night. He contributed to a few songs on the album including, "I Love It Loud" and "I Still Love You". Vincent was subsequently chosen to replace Frehley permanently.

Vincent originally wanted to use his birth name in the band but this was vetoed by Gene Simmons on the grounds that it sounded "too ethnic" being that Vinnie is Italian. Vincent then suggested the name "Mick Fury" but this was also disallowed. Simmons later suggested the name change to Vinnie Vincent. Vincent started actively pushing to join KISS as a full member. Despite misgivings Simmons and Paul Stanley harbored about his personality, Vincent was taken into the band and Stanley designed an "Ankh Warrior" persona and make-up for Vincent.

From 1982-1983, the new line-up of KISS became Simmons (the Demon), Stanley (the Starchild), Eric Carr (the Fox), and Vincent (the Ankh Warrior). This incarnation of KISS was to be the last incarnation of the original make-up era. At the end of the Creatures Of The Night tour, the band removed their make-up.

Aside from songwriting credits under his birth name, Vincent's involvement with the recording of Creatures Of The Night was not widely-publicized for several years. Simmons and Stanley were not sure they wanted to let fans know that Space "Ace" Frehley had left the band. For this reason, Frehley still appeared on the cover of the original album artwork as well as in the music video for I Love It Loud. When the album was re-mixed and re-released in 1985 with a non-makeup cover and a slightly different song order, to reflect the band's roster change and abandonment of their make-up and costuming, Vincent was again absent from the album cover as then-current lead guitarist, Bruce Kulick, appeared there instead. The liner notes accompanying the re-mixed LP, however, have credited both Ace Frehley and Vinnie Vincent with lead guitar performances on the Creatures of the Night album.

Lick It Up is the only instance of Vincent appearing on a KISS album by actual image. It is also the only KISS album where Vincent receives unambiguous and exclusive lead guitar credit. Except for "Fits Like A Glove" and "Dance All Over Your Face", written solely by Simmons, Vincent was co-writer in 8 of the 10 songs on the album for "Lick It Up". It is rumored that Vincent recorded every lead for the album's songs in their entirety and that Simmons went on to choose the parts of those leads that he liked best to fit the songs shortening Vincent's creative abilities. Apparently, Simmons wanted more of a melodic sound and feel which KISS fans had always heard and were accustomed to in Frehley's guitar solos. Additionally, Vincent would get "cut off" during his guitar solos live because both Stanley and Simmons felt that Vincent's leads went on too long.

Vincent's personality did not mesh well with either Stanley or Simmons and he was dismissed from KISS at the end of the Creatures tour. He was re-hired before recording started for Lick It Up because Simmons and Stanley could not find a new lead guitarist on such short notice. Personality issues arose once again and Vincent was fired following the Lick It Up tour and was replaced by Mark St. John (birth name Mark Norton). Vincent's work on Creatures of the Night continued to not be officially recognized until the album was remastered in 1997.

Vincent was later utilized by KISS as a songwriter on the 1992 album Revenge, contributing to the songs "Unholy", "Heart Of Chrome" and "I Just Wanna". Before long however, Vincent, Simmons and Stanley fell out with each other for a third time permanently severing their musical ties.

Persistent rumors have circulated for years amongst KISS fan circles regarding the true reason (or reasons) for Vincent's dismissals from KISS with at least one band member refusing to comment except to say that legally it wasn't up for discussion. Simmons stated in an interview several years later that Vincent's firing was for "unethical behavior" but he did not elaborate by going into any great detail.

"I named Vincent Cusano, "Vinnie Vincent." That's the only gift he's allowed. It's interesting that Vinnie hasn't changed his name back to Vinnie Cusano. Vinnie, for the record, was fired for unethical behavior, not because of lack of talent. The guy is very talented. He was unethical. He was fired." -Gene Simmons

[edit] Before & After KISS

Prior to joining KISS, Vincent was in several bands, the most popular being Treasure (1978-1979). He toured with Dan Hartman, whose 1978 release Instant Replay produced an international single by the same name. Vinnie also provided background vocals on the album's closing track, "Time and Space". Vincent was also a staff songwriter for the television series Happy Days.

Vincent co-wrote, with Adam Mitchell, the song "Tears" under his real name. It was later recorded by former Babys lead singer John Waite (whom Ace Frehley wanted as lead singer for his post-Kiss band Frehley's Comet some years later) for his No Brakes album which was released on EMI America records. Waite also released the song as a single and it reached #37. Peter Criss also recorded a version of the song for his album, Let Me Rock You, which was released outside of the USA in 1983.

After leaving KISS following the Lick It Up tour, Vincent formed the successful Vinnie Vincent Invasion, which released two LPs: Vinnie Vincent Invasion (1986) and All Systems Go (1988).

The VVI line-up included original lead singer Robert Fleischman (the original lead singer of Journey), who would be replaced by Mark Slaughter prior to the band's first tour, bass guitarist Dana Strum (who both would later form the band Slaughter) as well as drummer Bobby Rock, who would join the band Nelson after VVI's breakup.

Vincent briefly became involved with fighting censorship against rock music. In January 1987, he and Dana Strum visited the city of Goshen, Indiana in support of Marianne Hatfield, editor of a local rock magazine called Rock Rag Plus. Hatfield alleged that she was being harassed by the minister (Paul McGechie) and members of an Assemblies of God congregation, who believed Hatfield's magazine was "satanic". This event was covered in the local news media and in Rock Scene magazine.

He also helped The Bangles with songwriting and played guitar on the 1988 album, Everything for one song, "Make a Play For Her Now".

As a solo artist, he has released an EP (Euphoria, 1998), and an album entitled Speedball Jamm.

On April 14, 2008 it was announced that a new album would be released, entitled KISS MY ANKH: A Tribute to Vinnie Vincent. It is set to feature music from both his time with Kiss and his work with the Vinnie Vincent Invasion. A release date has been set for Summer 2008.

[edit] Legal Troubles

Vinnie Vincent sued KISS twice after being fired for the second time in 1984. The first lawsuit (for $6 million) was filed in around 1986 over royalties that Vincent believed he was owed for performance and songwriting. That suit was found in favor of KISS as Vincent was determined to be a salaried employee of the band.

In 1987, Vincent was quoted in "Rock Scene" magazine as saying that KISS would not allow him to use their name either to promote his solo career or to even mention the band in interviews. Throughout this interview, Vincent persistently and bitterly referred to KISS as either "The White Face Band" or simply "The Blank Band".

In late-1988, Vincent's $4 million contract with Chrysalis Records (for 8 albums) [1] was taken away from him because he overextended his credit line with the label. The contract was transferred to Invasion members Dana Strum and Mark Slaughter, who by this time had formed the band Slaughter. Later on their debut album, "Stick It To Ya", there was a song that referenced this called "Burning Bridges".

Vincent filed for Chapter 11 bankruptcy in 1989.[2]

Vincent's second suit against KISS in 1992 (again for $6 million) was for later songwriting royalties and other claims. That suit was dismissed because the amount Vincent requested was excessive, and once again, he was found to have been a salaried employee of the band.

In July 1997, Vincent filed another legal action against KISS, the individual band members, Polygram, and Horipro, alleging claims of breach of fiduciary duty, fraud and deceit, constructive fraud, negligent misrepresentation, conversion, imposition of constructive trust, breach of contract, infringement on the right of publicity, defamation, and open book account for royalties. This followed the release of the publication KISStory.

In January 1998, Vincent's ex-wife, Anne-Marie Cusano, disappeared from her home and her body was not found until late 2000. A drifter and convicted sex-offender was charged with the murder.

On October 2, 2006, the Supreme Court refused to hear Vincent's appeal regarding the dispute between his former band mates over song and music royalties. [3]

Plaintiff Vincent Cusano, professionally known as Vinnie Vincent, is a professional musician, songwriter and publisher, and former lead guitarist of the rock'n'roll band KISS. Cusano, individually and under his business names Streetbeat Music and Vinnie Vincent Music, brought this diversity action in July 1997 against persons and companies associated with KISS. Cusano alleged fourteen causes of action, including claims for unpaid royalties from songs Cusano co-authored and performed for the band, and claims for defamation and infringement of his right of publicity arising from the release of two videos and a book about KISS.1 Two of the central questions raised by the appeal concern the effect of Cusano's Chapter 11 bankruptcy on his royalty-related claims, and the effect of the statutes of limitations on his defamation and right-of-publicity claims.

The "KISS Defendants" include: The KISS Company, successor in interest to KISS; Paul Stanley and Gene Klein a/k/a Gene Simmons, individual members of the band; KISStory, Ltd., a corporation that merchandises a book about KISS; and Gene Simmons Worldwide, Inc. and SimstanMusic, Ltd., companies that administer copyright interests of band members. Other Defendants include: Polygram Records, Inc., publisher of certain songs co-authored by Cusano; and Horipro Entertainment Group, purported assignee of certain royalty rights to certain KISS compositions.

Cusano was the lead guitarist for KISS from 1982 until 1984, during which time Cusano co-authored and performed three songs for the 1982 KISS album "Creatures of the Night" and eight songs for the 1983 KISS album "Lick It Up." KISS and Cusano's publishing company, Streetbeat Music, executed co-publishing agreements in 1982 and 1984 covering these compositions, agreeing to share royalties evenly. Polygram allegedly administered the collection and distribution of royalties for KISS. Cusano alleges that KISS failed to honor certain provisions of the co-publishing agreements, and improperly exercised an option to purchase certain of Cusano's songrights, causing KISS wrongfully to receive and later assign to Horipro a portion of Cusano's rightful share of the royalties.

Cusano declared Chapter 11 bankruptcy in 1989. On the schedule for personal property, he listed "songrights in . . . Songs written while in the band known as `KISS,' " which he assigned a value of "unknown." Defendants Simmons and Stanley were listed as creditors possessing contingent and disputed claims in an unknown amount. Cusano's reorganization plan provided for a cash payment to the plan of $40,000, generally, and another cash payment of $1,521.60 to retain his songrights. The plan was confirmed in 1990 and Cusano was released from bankruptcy in 1993.

In 1992, although no longer a member of the band, Cusano co-authored three songs for the KISS album "Revenge." Cusano alleges that he never received royalties for the "Revenge" compositions because Defendants Klein and Stanley fraudulently attached a photocopy of his signature to an agreement purporting to assign his interest in the compositions to Gene Simmons Worldwide, Inc. and SimstanMusic, Ltd. Also in 1992, Cusano assigned part of his royalty rights in the "Creatures of the Night" compositions to Horipro, after which Horipro allegedly directed Polygram to pay Horipro more than its rightful share.

In 1994, the coffee-table book entitled "KISStory " was published, allegedly pursuant to a merchandising agreement between KISS and other non-parties for the production and distribution of an "authorized" and "limited edition" picture book about the rock band. Cusano alleges that his right of publicity was infringed because the book contains numerous photographs of Cusano that were utilized without his permission. Cusano further alleges that the book contains a defamatory reference to Cusano. His defamation claim also includes alleged defamatory statements that were published in two KISS videos released in 1987 and 1992.

Cusano filed the present action in July 1997 against KISS, individual band members, Polygram, and Horipro, in which he alleged claims for breach of fiduciary duty, fraud and deceit, constructive fraud, negligent misrepresentation, conversion, imposition of constructive trust, breach of contract, infringement on the right of publicity, defamation, and open book account for royalties.2

In December 1997, in response to Defendants' Rule 12(b)(6) and other motions, the district court transferred or dismissed several claims, in whole or in part. First, the district court severed all claims against Horipro and transferred them to the Southern District of New York, thereby removing from the case all of claim 7 for fraud and parts of claims 9 and 10 for conversion and imposition of constructive trust. Second, the district court applied California statutes of limitations to dismiss claims 2 through 5 for breach of fiduciary duty, fraud, and misrepresentation, to the extent that they arose before July 1994; claims 9 and 10 for conversion and imposition of constructive trust, to the extent that they arose before July 1997; claim 11 for breach of contract, to the extent that it arose before July 1993; and claim 14 for defamation, to the extent that it arose before July 1996.

Third, the district court dismissed entirely claims 6 and 8 for fraud, because Cusano failed to allege the reliance element and cited no authority allowing him to bring a claim for fraud upon a fiduciary. Fourth, as a consequence of dismissing claim 8 for fraud, brought against Klein, Stanley, Gene Simmons Worldwide, Inc., and SimstanMusic, Ltd., the district court dismissed claims 9 and 10 for conversion and imposition of constructive trust with respect to those same Defendants. Fifth, the district court dismissed in part claim 14 for defamation, holding that two of the four alleged defamatory statements are non-defamatory as a matter of law.

Finally, having previously taken notice of Cusano's Chapter 11 bankruptcy, the district court dismissed without prejudice all claims for royalties on the "Creatures of the Night" and "Lick It Up" compositions ("pre-petition compositions") which should have been paid prior to March 21, 1989 or for other damages which were incurred prior to March 21, 1989, the date Cusano filed his petition. The court found that Cusano had failed to schedule his claims for royalties and that the "songrights" asset he did schedule was vastly undervalued. Finding that these unscheduled claims "would appear to belong to the estate," the court informed Cusano that he could not proceed with these claims without first obtaining permission from the bankruptcy court. This ruling on Defendants' December 1997 motions resulted in at least partial dismissal of each of Cusano's fourteen claims.

In September 1998, with a new judge presiding over the case, the district court granted Defendants' motion for summary judgment on claim 11 for breach of contract, dismissing it in its entirety. The district court found that Cusano could not maintain this claim, in which he sought payment of artist's royalties for his performances with KISS, because he was not a member of the American Federation of Musicians ("AFM") during the time in which he was a member of the band, and thus had no standing to sue for breach of the AFM Labor Agreement.

In November 1998, with Cusano having yet to petition the bankruptcy court to release his claims, KISS Defendants and Polygram moved for summary judgment on all claims arising from pre-petition compositions. The district court granted the motion in February 1999, possibly unaware that Cusano had since moved the bankruptcy court in December 1998 to reopen his bankruptcy case. The district court held that Cusano lacked standing to assert claims based on facts and transactions predating his bankruptcy, including all claims for unpaid royalties, accruing either pre-or post-petition, from his pre-petition compositions. In accordance with this holding and summary judgment, the district court partially dismissed Cusano's claims for open book account (1st claim), breach of fiduciary duty (2nd claim), fraud and deceit (3rd claim), constructive fraud (4th claim), negligent misrepresentation (5th claim), conversion (9th claim), and imposition of constructive trust (10th claim).

Also in February 1999, the district court on its own motion dismissed Cusano's claim for infringement of his right of publicity (13th claim), and granted Defendants' motion for summary judgment on the defamation claim (14th claim). The court found that Cusano had admitted in his opposition to Defendants' motion for summary judgment that the right of publicity claim was based on pre-petition facts. The remaining portion of his defamation claim was dismissed as barred by the statute of limitations. These rulings resulted in the dismissal of these two claims in their entirety.

At this point in the proceedings, most of Cusano's remaining claims involved his post-petition "Revenge " compositions. KISS Defendants and Polygram moved for summary judgment in January 1999 on the ground that Cusano had been paid all sums due and owing. Cusano countered by alleging that his signature on agreements in which he purportedly assigned his interest in the "Revenge" compositions had been forged. The district court appointed a forensic examiner in March 1999 to determine the authenticity of the "Revenge" agreements. The court ordered Cusano either to submit a handwriting analysis report from the neutral examiner or to withdraw his dispute of the agreements and submit his opposition to the motion for summary judgment, limiting his arguments to the use of the "Revenge" compositions on the KISS album "Alive III" and two KISS videos. When Cusano failed to comply with the order by filing nothing, the court held that the "Revenge" agreements were valid and binding on Cusano and granted summary judgment for KISS Defendants and Polygram. This ruling resulted in the dismissal of all remaining portions of Cusano's claims 1 through 5 for open book account, breach of fiduciary duty, fraud, and misrepresentation; and claims 9 and 10 for conversion and imposition of constructive trust.

Meanwhile, Cusano's bid to reopen his bankruptcy case was unsuccessful. In April 1999, after a hearing at which KISS Defendants and Polygram also appeared, the bankruptcy court denied Cusano's December 1998 motion to reopen. The court stated that it would not reconsider the district court's findings that "any claims for unpaid royalties on prepetition musical compositions did not revert to debtor and that such claims were never formally abandoned to debtor." The court also stated that, "[a]ll claims based on facts predating Debtor's bankruptcy, including claims for unpaid royalties on prepetition musical compositions remain assets of the estate, and the Estate is Closed." Finally, because the reorganization plan was "fully consummated in 1993," the bankruptcy court found that it had no authority to allow Cusano to amend the plan. Cusano missed his deadline to appeal the decision to the Bankruptcy Appellate Panel.

In May 1999, the district court rendered final judgments on all of its prior dismissal orders and summary judgment rulings. The final judgment also disposed of the only claim not entirely disposed of by its prior orders--claim 12 for open book account--noting that it was effectively dismissed when the court dismissed claim 11 for breach of contract in September 1998. Noting that the bankruptcy court had refused to reopen Cusano's bankruptcy, the court went on to dismiss all fourteen claims for relief in their entirety with prejudice. From this ruling, and the award of attorney's fees and costs, Cusano appeals.

[edit] Guitars

Starting in 1982, Vinnie was briefly the spokesman for Charvel/Jackson Guitars, following the death of Randy Rhoads. He later switched to a more personalized pink "double shark fin" guitar, which he helped design along with Grover Jackson. Vinnie later became a spokesman for Carvin Guitars.

[edit] Discography

[edit] Kiss

• Creatures of the Night (1982)
• Lick It Up (1983)
• Chikara (Japan) (1988)
• Smashes, Thrashes & Hits (1988)
• The Very Best of Kiss (2000)
• The Box Set (2001)
• The Best of Kiss, Volume 2: The Millennium Collection (2004)

[edit] Vinnie Vincent Invasion

• Vinnie Vincent Invasion (1986)
• All Systems Go (1988)

• Euphoria (EP) (1996)
• Archive Volumes I: Speedball Jamm

[edit] Quotes

"I named Vincent Cusano "Vinnie Vincent." That's the only gift he's allowed. It's interesting that Vinnie hasn't changed his name back to Vinnie Cusano. Vinnie, for the record, was fired for unethical behavior, not because of lack of talent. The guy is very talented. He was unethical. He was fired." - Gene Simmons

"My chemistry with the band helped put them back on top and gave them a musical credibility that they'd never had before, yet I couldn't get the recognition I needed. I felt like I was imprisoned in a small cubicle, like it was someone else's house..." (Vinnie about leaving Kiss in Kerrang! Magazine. Black Diamond (writer: Dale Sherman), 1997)

[edit] External links

• Interview with Vinnie Vincent
• Ninth Circuit Court of Appeals' opinion regarding 'Cusano V. Klein' 2001.
• KISS MY ANKH: A Tribute to Vinnie Vincent