Published: Sunday | September 19, 2010 0 Comments and 0 Reactions
Robert
Howard Campbell, eaner Writer
Reggae legend Bunny Wailer is furious at the outcome of a legal battle between the family of his former colleague Bob Marley and the Universal Music Group (UMG), which ended in victory for the giant record company.
During an interview with The Sunday Gleaner last week, Wailer said he was especially peeved with the court's statement that Marley and The Wailers had a "work-for-hire" arrangement with Island Records for the Catch A Fire, Burnin', Natty Dread, Rastaman Vibration and Exodus albums for that label.
"That contract must have been signed on his behalf when Bob dead and gone because, as far as I know, Bob neva sign no work-for-hire thing," said a fuming Wailer.
Copyrights
Last Monday, district judge of Manhattan, Denise Cote, declared UMG owner of copyrights to the aforementioned albums. Her ruling cleared the way for the company, which also distributes the Marley catalogue, to use music from the albums as it sees fit.
Cote dismissed the Marley family challenge on grounds that Marley had, under United States Copyright law, recorded the albums on a work-for-hire basis. That means he would have signed a contract with Island, giving that company total control over copyrights to the albums.
That contract would have been enforced when Island founder Chris Blackwell sold the label to Polygram in 1989. Ten years later, Polygram sold its catalogue to the UMG.
Wailer, who was one of the original members of The Wailers group with Marley and Peter Tosh, said Marley was an astute businessman. He insists it is highly unlikely he signed such a deal.
"It makes no sense whatsoever. I have to review the contracts to see where there is anything about work-for-hire," he said.
"It is important for I as the surviving Wailer, to do so!"
Wailer said The Wailers had no work-for-hire deal when they signed with Island while in London in 1972. Marley, Tosh and Bunny Livingston (as Wailer was known then) recorded two albums (Catch A Fire and Burnin') for the label as The Wailers before Tosh and Livingston left for solo careers.
Marley went on to an outstanding career as a solo act, recording several successful albums for Island including the breakthrough Natty Dread in 1974, the easy-listening Rastaman Vibration in 1976 and the epic Exodus, which was released in 1977.
These records contained some of his biggest hits such as No Woman, No Cry, Rebel Music, War, Who The Cap Fit, Jamming and Waiting in Vain.
Some of those songs were used by wireless phone company Verizon through a deal with UMG. The Marley family objected to this on grounds that they were not consulted, and filed suit in 2007 to block further use of the singer's music by Verizon and other wireless companies.
Last week, Cote ordered the Marleys and UMG to enter court-supervised settlement talks, and scheduled an October 29 conference.
Court battles
The UMG fight is the latest legal hassle over Marley's music since he died in 1981 from cancer at age 36. There have been court battles over royalties between his estate and former band members, most notably bass player Aston 'Family Man' Barrett.
Wailer has also had royalty clashes with Island and the Marleys. In 1992, he filed a lawsuit against the Marley family, seeking non-payment of royalties and use of the trademark of Tuff Gong, the company he, Tosh and Marley formed in 1971.
The suit, which was also filed on behalf of Tosh's estate, ended in 1999 with an out-of-court settlement. It saw Wailer and the Tosh estate receiving more than US$2 million in royalties from Island.
Reggae legend Bunny Wailer is furious at the outcome of a legal battle between the family of his former colleague Bob Marley and the Universal Music Group (UMG), which ended in victory for the giant record company.
During an interview with The Sunday Gleaner last week, Wailer said he was especially peeved with the court's statement that Marley and The Wailers had a "work-for-hire" arrangement with Island Records for the Catch A Fire, Burnin', Natty Dread, Rastaman Vibration and Exodus albums for that label.
"That contract must have been signed on his behalf when Bob dead and gone because, as far as I know, Bob neva sign no work-for-hire thing," said a fuming Wailer.
Copyrights
Last Monday, district judge of Manhattan, Denise Cote, declared UMG owner of copyrights to the aforementioned albums. Her ruling cleared the way for the company, which also distributes the Marley catalogue, to use music from the albums as it sees fit.
Cote dismissed the Marley family challenge on grounds that Marley had, under United States Copyright law, recorded the albums on a work-for-hire basis. That means he would have signed a contract with Island, giving that company total control over copyrights to the albums.
That contract would have been enforced when Island founder Chris Blackwell sold the label to Polygram in 1989. Ten years later, Polygram sold its catalogue to the UMG.
Wailer, who was one of the original members of The Wailers group with Marley and Peter Tosh, said Marley was an astute businessman. He insists it is highly unlikely he signed such a deal.
"It makes no sense whatsoever. I have to review the contracts to see where there is anything about work-for-hire," he said.
"It is important for I as the surviving Wailer, to do so!"
Wailer said The Wailers had no work-for-hire deal when they signed with Island while in London in 1972. Marley, Tosh and Bunny Livingston (as Wailer was known then) recorded two albums (Catch A Fire and Burnin') for the label as The Wailers before Tosh and Livingston left for solo careers.
Marley went on to an outstanding career as a solo act, recording several successful albums for Island including the breakthrough Natty Dread in 1974, the easy-listening Rastaman Vibration in 1976 and the epic Exodus, which was released in 1977.
These records contained some of his biggest hits such as No Woman, No Cry, Rebel Music, War, Who The Cap Fit, Jamming and Waiting in Vain.
Some of those songs were used by wireless phone company Verizon through a deal with UMG. The Marley family objected to this on grounds that they were not consulted, and filed suit in 2007 to block further use of the singer's music by Verizon and other wireless companies.
Last week, Cote ordered the Marleys and UMG to enter court-supervised settlement talks, and scheduled an October 29 conference.
Court battles
The UMG fight is the latest legal hassle over Marley's music since he died in 1981 from cancer at age 36. There have been court battles over royalties between his estate and former band members, most notably bass player Aston 'Family Man' Barrett.
Wailer has also had royalty clashes with Island and the Marleys. In 1992, he filed a lawsuit against the Marley family, seeking non-payment of royalties and use of the trademark of Tuff Gong, the company he, Tosh and Marley formed in 1971.
The suit, which was also filed on behalf of Tosh's estate, ended in 1999 with an out-of-court settlement. It saw Wailer and the Tosh estate receiving more than US$2 million in royalties from Island.
Jamaica Gleaner News - Bunny wails over Marleys' loss - Entertainment - Sunday | September 19, 2010
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