Guest post by Patricia Lee*
One of the most beautiful voices during our lifetime was physically and vocally silenced last week. Whitney Houston, entertainer, inspired songstress, and a diva (to many), passed away in Beverly Hills and was laid to rest in Newark on Saturday.
As close friends, her family and pundits reflected on Houston’s amazing lifetime impact during and after her funeral service, one begins to question whether the economic compensation paid through her recording contracts and the legal protections garnered for Houston’s gifts of song were on par with what she gave? Even if the economic compensation was hefty and the intellectual property rights and estate matters were fully in order, did Houston adequately guard her own body and her miracle vocal cords (as friend Kevin Costner suggested Houston might caution someone in her shoes) and did she properly prioritize (as the Reverend Marvin Winans discussed in his eulogy)?
“Who Owns Your Body?” If we believe that Houston owned her own body, including that golden voice described by Robin Roberts and that voice for which Clive Davis “had to wait for a lifetime,” then was Houston’s compensation and legal protections enough for her vocal cord decline over the last decade? For the all-consuming consumer possibly but for her friends, family and loved ones, likely not.
The loss of Houston’s voice was on display and documented in an interview with Diane Sawyer in 2002. Houston’s hoarseness continued amid her 2005 comeback song written by R. Kelley “I Look To You” and even on the day she died, when she sang “Jesus Loves Me” with friends waiting for the Grammys. It is not known whether Houston took the necessary time out or found a way to address these issues. Kevin Costner alluded to the fact that Houston began to doubt herself and her abilities, and think she “wasn’t good enough” to be the costar in the 1992 movie The Bodyguard. He felt that these fears may have made Houston stumble in the end, despite the fact she actually got the part and The Bodyguard grossed over $ 411-million worldwide, with a hit song “I Will Always Love You.” That doubt may have compelled her to stretch toward greatness, but it may have come with a cost. Costner’s take-away from what he thought Houston would caution if she were here, “Guard your bodies. Guard the precious miracles of your life … and then sing your heart out.”
There are pundits who take the position that Houston “squandered” her voice because of her “lifestyle.” Others argue that had she taken responsibility for her vocal cords, as early as the bodyguard tour of 1993-1994, she may be alive today. Even her friend and fellow songstress, Chaka Khan suggested a missed healthcare opportunity, sharing her fortunate discovery of polyps and their successful removal. In contrast to Houston’s situation, Adele was able to sing the same night that Houston was found in her hotel room. The Grammys celebrated her and her doctor’s successful vocal-cord surgery. We may never know whether Costner and Winan’s cautionary advice could have saved Houston, but they offer valuable nuggets of thoughts for artists going forward.
For many people the sounds that come from one’s vocal cords are typically personal, private, and uncompensated experiences. Imagine the times we sing the tune Happy Birthday to friends and family; sing with a hair brush in front of a bathroom mirror; or sing a lullaby to a child. For Houston, the glorious sounds that she created were on full public spectacle, generally compensated with money; and spanning three decades. That public display and ensuing copyright protection and economic compensation as an exchange for these artistic talents should never be considered the complete package. The artist needs to consider the tradeoffs of professional success and never lose sight of their priorities, bodies, health, emotions, culture, and true life purposes. Although the legal protections, the economic compensation, and the delivery of that powerful sound are all very important, the failure to fully prioritize and guard the gifts diminishes the artist’s rewards. In memory of an artist, such as Houston, who gave too much, to too many, for too long, the idea of prioritizing time to be the bodyguard of one’s own vocal cords is advice for future artists to consider.
* WVU College of Law, Visiting Associate Professor and Director, Entrepreneurship, Innovation and Law Program
Professor Patricia Hureston Lee,
West Virginia University College of Law
