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"Think" Not

A Texas housewife/songwriter claims country hunk Collin Raye stole her song

There are 192 copyright registrations sitting in the Library of Congress for the song "I Think About You." There's a 1977 Patti LaBelle track titled "I Think About You," another from 1989 by Michael Bolton and one more from 1979 by Sinatra knockoff Al Martino. But most of the copyrights belong to unknown would-be writers whose tunes will, alas, never be appreciated by what would surely be an adoring public. Poor Hugo Peretti of Englewood Cliffs, New Jersey, and Michaelangelo Nocentelli of New Orleans and Carl Dodson of Los Angeles -- they have all filed copyrights on "I Think About You," but all they have to show for their hard work is a piece of paper from the United States Copyright Office and a few dashed dreams of becoming somebody in this business they call show.

Add to their ranks a housewife from Carrollton named Suzane McKinley, who, in July 1992, registered three of her compositions with the Library of Congress: "Rock and a Hard Place," "Wishful Thinking" and, yes, "I Think About You." She was 38 at the time, the wife of an airplane mechanic and a mother of three, an aspiring singer/songwriter who longed to have her music heard. McKinley says she has been writing songs since she was 16 and has "over a hundred" to her credit; she also claims to have entered her compositions into myriad contests, including a new songwriter competition held each year in conjunction with the Kerrville Folk Festival in the Hill Country. "I Think About You" is but one of the songs she sent to Kerrville -- and, she says now, to at least one producer in Nashville.

Also among those who have penned a song titled "I Think About You" are a pair of the best-known songwriters in Nashville. One is Steve Seskin, who has written for the likes of Waylon Jennings, Pam Tillis, Alabama and John Michael Montgomery. The other is Don Schlitz, the author of 24 number-one singles, and owner of two Grammys for Country Song of the Year and three Country Music Association Songs of the Year nods. Schlitz is also a four-time winner of ASCAP's Songwriter of the Year award and a member of the Nashville Songwriters Hall of Fame since 1993. Listed among his Grammy-winning and/or nominated songs are Kenny Rogers's "The Gambler," Randy Travis's "Forever and Ever, Amen," Mary Chapin Carpenter's "I Feel Lucky" and Alabama's "Forty Hour Week". His compositions have also been performed by the likes of Garth Brooks, the Judds, Reba McEntire, Alison Krauss and Tanya Tucker. And, last but not least, Collin Raye, the soap-opera-handsome Greenville resident who, in 1995, titled his platinum-selling album I Think About You after the Schlitz-Seskin song and included it on his latest greatest-hits collection.

But Suzi McKinley doesn't think it's Don Schlitz's song -- or Steve Seskin's or Collin Raye's, for that matter. No, she says it's hers, and that all three men and Raye's longtime manager, Steve Cox, conspired to steal "I Think About You" from her when she innocently handed Cox a demo five years ago of her "I Think About You," a song with different words, a different melody, almost a different everything. She claims they used her song to make Collin even more famous, even more successful. And so, she has taken Raye, Schlitz, Seskin, Cox and Sony Music to federal court in Dallas, where they'll battle over custody of the tune. It has turned into a fairly massive fight: McKinley filed the suit almost two years ago, on August 7, 1996, and the case is set for trial in February 1999. Meanwhile, all parties involved in the suit are battling over issues of damage-related discovery -- that is, how much money did Raye, the songwriters and Sony make from the song.

Don Templin, the Dallas-based attorney at Haynes & Boone who's representing all the defendants, says his clients prefer not to discuss the pending case; instead, he says, "the pleadings speak for themselves." While Templin chuckles at the mere mention of this lawsuit, so sure his clients are in the right, United States District Court Judge Jorge Solis apparently thinks McKinley's claim has some validity. Already, he has rejected the defendants' motion for summary judgment.

For his part, Gerald Conley, McKinley's local attorney, also won't comment on the case. "That's what juries are for," he says.

But McKinley is frustrated enough two years later to vent a little. In a brief interview, she explains that she's no housewife with a hobby and that her songwriting means the world to her. "I play almost every weekend now," she says, listing off Cafe Brazil, Java Jones, Routh Street Brewery and a few other places where she and her husband have performed as Suzi and Rick. "I think they thought, 'This girl doesn't copyright anything.' I would have been happy to be a third writer on this song; anything to get into Nashville. It's so unfair. I mean, the song won a lot of awards. It was a Top 10 hit, it won [the Academy of Country Music's] Video of the Year award. I mean, I love music. I love to play it. But my favorite thing is to write. If I never entertained again, it would be fine. I just want to write."

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