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Legal News
Press Release. Jamaican artists win important legal action Definite Records July 6, 2005 After 3 years of intense litigations, and six months of negotiations, an amicable settlement has been reached on June 28, 2005 between ADAMI – the collecting society that represents featured artists in France - and Andre R. Bertrand, the lawyer representing some 180 reggae artists. Even though the details of this agreement will remain confidential, it has been disclosed by the French newspaper Le Monde, dated June 30, that under this settlement, 250 reggae artists will now share the ‘equitable remunerations’ due and payable to them for the past 12 years, for an amount of approximately 1’400, 000 Euros. This sum is paid in lieu of the ‘equitable remunerations’ due and payable to the Jamaican featured for the broadcast of their recordings in France during the past years. Thus the money allocated to each artist under the settlement takes into account the number of albums and/or tracks recorded that have been exploited in France in the past years. Thus, accordingly, sums between 50 to over 30 000 Euros have been allocated to these 250 artists. Some artists will receive nothing since it has not been established that their albums or tracks have been exploited effectively in France. All the artists who benefit from the settlement will be contacted directly or indirectly in the next 2 months, and some legal assistance will be given to ensure that the estate of several artists will be settled so they are able to receive the money due and payable to them. No cheque will be issued by the ADAMI if the artist does not first sign an individual settlement agreement. In the next weeks only 90% of the sum payable under the settlement will be distributed. For those few artists that may have been forgotten, a reserve of 140 000 Euros has been set aside to be shared – in several months - between all the forgotten artists whose tracks have effectively been exploited in France. Under the terms of the settlement, ADAMI has also agreed to two further developments that will greatly assist the correct distribution of ‘equitable remunerations’ and record royalties. Firstly, the settlements ADAMI will finance a database, which will list the reggae records by artist and title. This database will consolidate the claims and actions against other European collecting societies that may be withholding Legal Remunerations. Secondly the ADAMI has agreed to encourage and develop a certification sticker for all records and CD’s sold in France to identify whether artists are being paid. According to the newspaper Le Monde, a similar agreement has also being negotiated by Andre R. Bertrand with SPEDIDAM - the collecting society which represents the musicians in France - regarding the “equitable remuneration” due and payable to the musicians for their reggae records. Andre R. Bertrand has confirmed the principle of such an agreement, but says that it will still take 2 if not 3 more months before any money is distributed to the musicians under this second settlement agreement. The amount paid to the artists and musicians under the settlements do not include the so-called remuneration for private copying for their records first fixed in Jamaica. French law currently limits the payment of this remuneration only to recordings first fixed in France. Thus Andre R. Bertrand has announced that he will now engage in a separate action against the French State to obtain the payment of the remuneration for private copying due an payable to the Jamaican artists and musicians for their recordings first fixed in Jamaica. In September Andre R. Bertrand will also make claims and if necessary engage actions to obtain the payment of the legal remunerations due and payable to the Jamaican artists and musicians by the other European collecting societies. As far as the legal remunerations due an payable to the Jamaican producer are concerned, several actions have also been engaged in France Andre R. Bertrand but as of this day they have produced no result, due to these legal remunerations have often been paid to French companies which have recorded the tracks of the Jamaican producers in their names. But the settlement signed with ADAMI and SPEDIDAM could now force the SCPP – the producers’ collecting society – to enter also into a settlement. Otherwise, André R. Bertrand says that he will engage criminal actions if necessary against those who have stolen the money due and payable to his clients.
UPDATED January 30, 2005 RESULTS FROM ON GOING ACTIONS & LEGAL CALENDAR FOR THE CURRENT & FUTURE ACTIONS :
The District Court of Paris has rendered the following judgments : • October 8, 2004, 3rd Chamber 2nd Section, in the matter of Aston "FAMILYMAN" BARRETT, Carlton BARRETT, Mr. Tyrone DOWNIE, DILLINGER, Mikey DREAD, U BROWN, SPANNER BANNER, Mr Neville INGRAM, Mr. Wesley TINGLIN, Ken Parker, B.B. SEATON, Leroy GIBBONS, Leon LIEFFER, Tony MAHONEY, Mr. Earl Bailey, BYRON OTIS, Mr. Cedric MYTON and NINEY HOLNESS THE OBSERVER v/ ADAMI • October 19, 2004, in the matter of ROBBIE, SLY, Horace ANDY, Derrick HARRIOTT, Freddie McGREGOR, Rod TAYLOR, LONE RANGER, Winston McANUFF, Derrick MORGAN, Dennis ALCAPONE, ROY SHIRLEY, Clive TENNORS, Ronnie DAVIS, Dave BARKER, Ansel COLLINS, Winston Francis, Eric MORRIS, A.J. FRANKLIN, ERROL BROWN, Mr. BUNNY BROWN, DEEGO, DOOGIE, JACKIE, AMBELIQUE, Barry BIGGS, Brother YAHYA, K.C. WHITE, Boris GARDINER, Jimmy JAMES, Pablo MOSES and Owen GRAY v/ ADAMI • November 8, 2004 in the matter of Max ROMEO v. ADAMI, 3rd Chamber 3rd Section • January 12, 2005, in the matter of Jimmy CLIFF v/ ADAMI, 3rd Chamber, 3rd Section • January 14, Junior MARVIN & IJAHMAN v/ ADAMI, 3rd Chamber 2nd section In all these judgment the Court of Paris has ruled that : • All the Jamaican artists – whether Jamaicain or British citizens – were entitled to the payment of the equitable remuneration collected on their behalf by the ADAMI for the airing of their tracks in France and this as far back as January 1st 1986. • As far as the remuneration for private copying is concerned according to French law the Jamaican artists – whether Jamaican or British citizens – could only claim payment of this remuneration for their tracks first «fixed» (recorded) in the European Community. In all these judgments the court has appointed an expert, whose cost must be advanced by the Jamaican artists, who will analyze the airing of the songs of the plaintiffs in France and find out the amount of remuneration is thus due and payable to them. Due to the fact that the work of the expert could last months and be very costly, the ADAM has suggested to Me André Bertrand to settle the matter thorugh an amicable agreement. This settlement is still being negociated, and calculations are being made on the basis of the documents produced by both parties. Thus it is expected that all the plaintiffs will receive, around April, through this settlement sums ranging between 500 Euros for the artists who have a small repertoire or whose tracks have not been aired extensively in France, to over 30 000 Euros for a handfull of well known artists whose tracks are aired regularly in France. The settlement will also extend to the artists which are involved in the ADAMI case which has not been the subject of a judgment so far i.e. : Marcia GRIFFITHS, U ROY, Justin HINDS, Johnny ?Dizzy? MOORE (SKATALITES/SUPERSPONICS) , Alton ELLIS, John HOLT, Ras MICHAEL, Albert Griffiths & Clinton Fearon (The GLADIATORS), Buju BANTON, Edmond " Mike " BROOKS, Vernon Buckley & Gladstone Grant (The MAYTONES), Brent Gayford Dowe , James A. McNaughton , George Antonio Brevett (The MELODIANS), Wilburn "Stranger" COLE, Hopeton Brown (THE SCIENTIST), George Agard & Loren Robinson (The PIONEERS), Bob ANDY, Roy COUSINS, Beryl BARCLAY, SCOTTY In a few days the SPEDIDAM will have to decide if it wants to be included in the settlement and in such case all musicians will also receive the legal remunerations due and payable to them by this collecting society. New artists and musicians who have joined recently : Bunny WAILER, Bruce RUFFIN, MIGHTY DIAMONDS, Fully FULLWOOD, Leonard DILLON, Ken BOOTHE, Judy MOWATT, Chico CHIN, Headley George BENNETT, SCULLY, Fully FULLWOOD, Carlton Santa DAVIS, Wayne ARMOND, Clive HUNT, Pat KELLY, Glen BROWN, Monty NEW SMITH, Larry MARSHALL, Hopeton LEWIS, Al BARRY, Enos McLEOD, Roy ELLIS… Al the featured artists mentioned on the above mentioned list will also be included in the settlement with ADAMI, and the musicians will be included in any settlement with SPEDIDAM. Pending actions with SPEDIDAM : • Aston & Carlton BARRETT, ROBBIE, SLY, Ansell COLLINS, Boris GARDINER, Tyrone DOWNIE and Pablo MOSES v/ SPEDIDAM : • Marcia GRIFFITHS and Junior MARVIN v/ SPEDIDAM :. • Judy MOWATT, Carlton BARRETT, Bunny WAILER Chico CHIN, Headley George BENNETT, SCULLY, Johnny Dizzy MOORE, Fully FULLWOOD, Carlton Santa DAVIS, Wayne ARMOND Clive HUNT, Pat KELLY, Glen BROWN v/ SPEDIDAM: This action will be joined to the pending SPEDIDAM actions if necessary. As stated these legal actions could be settled shortly through an amicable agreement with SPEDIDAM which could be entered at the same time than the settlement with ADAMI.
Last actions filed U ROY, U BROWN, GLADIATORS & MIGHTY DIAMONDS v. EMI/Virgin : A claim was filed on April 6, 2004 before the Court of Nanterre. The hearing with pleadings on the merits will take place in 2005. Tiken Jah FAKOLY v/ ADAMI: This case was filed on December 31, 2004. Cases already argued in court : Max ROMEO v/ UNIVERSAL : Pleadings took place on December 16, 2003 before the court of Paris. A judgment was rendered on February 10. In this judgment the court has ruled that the exploitation of Max ROMEO?s album without a proper contract was illegal but has decided to reopen the case to hear Lee PERRY and ISLAND in order to find out who was the real producer of the album. Thus the case will be heard again in 2005 Aston & Carlton BARRETT, Tyrone DOWNIE and Junior Marvin (The Wailers) v/ Night & Day and AVE NTI (importer of a DVD of Bob Marley Live sold under a Trojan label): This is an injunctive procedure that was pleaded on November 4, 2003. A cease and desist order was rendered by the judge in order to forbid the sale of the DVD. The case has now been filed on the merits. A judgment should be rendered at the end of 2005. Niney, Bunny Lee, Tappa Zukie, Dennis Alcapone v/ Virgin/EMI : Trial with full pleadings took place on March 10 and a judgment was rendered on May 5. Since CULTURE PRESS and CHARLY LICENSING APS had joined this case to defend EMI the Court of Nanterre has decided to wait until the Court of Paris render its judgment in the matter of Culture Press and decides whether or not the contracts signed by Bunny LEE and Niney HOLNESS with CULTURE PRESS are valid. NINEY HOLNESS, JOE GIBBS, BUNNY LEE, ROBBIE, SLY, Derrick HARRIOTT, Freddie McGREGOR, TAPPER ZUKIE, and Derrick MORGAN v/ SCPP : The case was heard in a full trial on May 12, 2004, was rendered on September 8, 2004. The court dismissed the claims from the Jamaican producers due to the fact that one could not certify precisely the list of the tracks they had produced and because many of these tracks were recorded in France as being produced by French producers.
Tyrone DOWNIE v/ UNIVERSAL : next hearing February 2005 for the brief of Universal. Max ROMEO, Winston McANUFF, Niney v/ Culture Press + Bunny LEE v/ Culture Press : The case was pleaded on January 24 and a judgment should be rendered by the court of March 23.. Horace ANDY, Freddie McGREGOR, Dennis ALCAPONE, Dave BARKER, Eric Monty MORRIS, Boris GARDINER, Owen GRAY, Max ROMEO, Ras MICHAEL, Justin HINDS, Johnny Dizzy MOORE, Ken PARKER, The SCIENTIST, The CHOSEN FEW, Winston FRANCIS, Roy SHIRLEY, The PIONEERS) v/ PIAS (Importer in France of Trojan Records) and SANCTUARY/Trojan Records : Next hearing February 1st, a judgment should be rendered around September 2005. Next action to be filed : Others actions will be filed against SANCTUARY records shortly. For regular updates go also to the web site www.definiterecords.net
From : André BERTRAND, 26 rue Vignon 75009 Paris, email info@a-bertrand.com CALENDAR FOR THE CURRENT & FUTURE ACTIONS : New artists and musicians who have joined recently : Bunny WAILER, Bruce
RUFFIN, MIGHTY DIAMONDS, Fully FULLWOOD, Leonard DILLON, Ken BOOTHE, Judy
MOWATT, Chico CHIN, Headley George BENNETT, “SCULLY”, Fully
FULLWOOD, Carlton “Santa” DAVIS, Wayne ARMOND, Clive HUNT,
Pat KELLY, Glen BROWN, Monty NEW SMITH, Larry MARSHALL, Hopeton LEWIS,
Al BARRY, Enos McLEOD, Roy ELLIS, … U ROY, U BROWN, GLADIATORS & MIGHTY DIAMONDS v. EMI/Virgin : A claim was filed on April 6, 2004 before the Court of Nanterre. EMI was requested to produced all contracts and statements, and a hearing will take place on September 15. The hearing with pleadings on the merits will take place in 2005. Marcia GRIFFITHS, U ROY, Justin HINDS, Johnny “Dizzy“ MOORE (SKATALITES/SUPERSPONICS) , Alton ELLIS, John HOLT, Ras MICHAEL, Albert Griffiths & Clinton Fearon (The GLADIATORS), Buju BANTON, Edmond " Mike " BROOKS, Vernon Buckley & Gladstone Grant (The MAYTONES), Brent Gayford Dowe , James A. McNaughton , George Antonio Brevett (The MELODIANS), Wilburn "Stranger" COLE, Hopeton Brown (THE SCIENTIST), George Agard & Loren Robinson (The PIONEERS), Bob ANDY, Roy COUSINS, Beryl BARCLAY, SCOTTY v/ ADAMI: This case was filed on December 31, 2003. Note that if the others ADAMI case are successfull (Max ROMEO, or Junior MARVIN & others), they will benefit from the the other judgments and could receive payments at the end of the year 2004. Marcia GRIFFITHS and Junior MARVIN v/ SPEDIDAM : This case was filed on December 31, 2003. Note that if the pending SPEDIDAM case is successfull they will benefit from the judgment and could receive payment at the end of 2004, begining 2005. Tiken Jah FAKOLY v/ ADAMI: This case was filed on December 31, 2004. Cases already argued in court : Max ROMEO v/ UNIVERSAL : Pleadings took place on December 16, 2003 before the court of Paris. A judgment was rendered on February 10. In this judgment the court has ruled that the exploitation of Max ROMEO’s album without a proper contract was illegal but has decided to reopen the case to hear Lee PERRY and ISLAND in order to find out who was the real producer of the album. Thus the case will be heard again on November 22, 2004 for a judgment end of December 2004. Aston & Carlton BARRETT, Tyrone DOWNIE and Junior Marvin (The Wailers) v/ Night & Day (importer of a DVD of Bob Marley Live sold under a Trojan label): This is an injunctive procedure that was pleaded on November 4, 2003. A cease and desist order was rendered by the judge in order to forbid the sale of the DVD Niney, Bunny Lee, Tappa Zukie, Dennis Alcapone v/ Virgin/EMI : Trial with full pleadings took place on March 10 and a judgment was rendered on May 5. Since CULTURE PRESS and CHARLY LICENSING APS had joined this case to defend EMI the Court of Nanterre has decided to wait until the Court of Paris render its judgment in the matter of Culture Press and decides whether or not the contracts signed by Bunny LEE and Niney HOLNESS with CULTURE PRESS are valid. NINEY HOLNESS, JOE GIBBS, BUNNY LEE, ROBBIE, SLY, Derrick HARRIOTT, Freddie McGREGOR, TAPPER ZUKIE, and Derrick MORGAN v/ SCPP : The case was heard in a full trial on May 12, 2004, and judgment will be rendered on September 8, 2004. Junior MARVIN, IJAHMAN, Aston "FAMILYMAN" BARRETT, Carlton BARRETT, Mr. Tyrone DOWNIE, DILLINGER, Mikey DREAD, U BROWN, SPANNER BANNER, Mr Neville INGRAM, Mr. Wesley TINGLIN, B.B. SEATON, Leroy GIBBONS, Leon LIEFFER, Tony MAHONEY, Mr. Earl Bailey, BYRON OTIS, Mr. Cedric MYTON and NINEY HOLNESS THE OBSERVER v/ ADAMI: The case was argued argued on June 10 before the District Cour of Paris for a judgment September 10. Max ROMEO, Jimmy CLIFF, ROBBIE, SLY, Horace ANDY, Derrick HARRIOTT, Freddie McGREGOR, Rod TAYLOR, LONE RANGER, Winston McANUFF, Derrick MORGAN, Dennis ALCAPONE, ROY SHIRLEY, Clive TENNORS, Ronnie DAVIS, Dave BARKER, Ansel COLLINS, Winston Francis, Eric MORRIS, A.J. FRANKLIN, ERROL BROWN, Mr. BUNNY BROWN, DEEGO, DOOGIE, JACKIE, AMBELIQUE, Barry BIGGS, Brother YAHYA, K.C. WHITE, Boris GARDINER, Jimmy JAMES, Pablo MOSES and Owen GRAY v/ ADAMI : This case was heard together in a full trial on June 15 for a judgment to be rendered October 5, 2004. Other Pending actions Aston & Carlton BARRETT, ROBBIE, SLY, Ansell COLLINS, Boris GARDINER, Tyrone DOWNIE and Pablo MOSES v/ SPEDIDAM : An ordinace was issued requesting that SPEDIDAM produces infoirmations about the legal remunerations related to several albums of Bob MARLEY, Serge Gainsbourg, Pierpoljak, Bernard Lavilliers, etc… This information will have to he disclosed by SPEDIDAM for August 8 at the latest. The case should be closed in December, and pleadings with a trial could be set in Spring 2005. Ijahman v/ UNIVERSAL : next hearing in June for a brief from Universal. Tyrone DOWNIE v/ UNIVERSAL : next hearing in June for the brief of Universal. Max ROMEO, Winston McANUFF, Niney v/ Culture Press + Bunny LEE v/ Culture Press : Full pleadings begining 2005. Horace ANDY, Freddie McGREGOR, Dennis ALCAPONE, Dave BARKER, Eric “Monty” MORRIS, Boris GARDINER, Owen GRAY, Max ROMEO, Ras MICHAEL, Justin HINDS, Johnny “Dizzy” MOORE, Ken PARKER, The SCIENTIST, The CHOSEN FEW, Winston FRANCIS, Roy SHIRLEY, The PIONEERS) v/ PIAS (Importer in France of Trojan Records) and SANCTUARY/Trojan Records : Next hearing June 28 for the brief of Trojan. We will engage other actions against TROJAN directly or indirectly forthe other artists and producers who have since joined in fight against Trojan (BB Seaton, Roy Cousins, The Melodians, The Maytones, Alton Ellis, etc……). Next action to be filed : Judy MOWATT, Carlton BARRETT, Bunny WAILER Chico CHIN, Headley George
BENNETT, “SCULLY”, Johnny “Dizzy“ MOORE, Fully
FULLWOOD, Carlton “Santa” DAVIS, Wayne ARMOND Clive HUNT,
Pat KELLY, Glen BROWN” v/ SPEDIDAM: This action will be joined to
the pending SPEDIDAM actions. All musicians can still join this case. Pleadings on May 21 : Junior MARVIN & IJAHMAN v/ ADAMI, Aston «FAMILYMAN»
BARRETT, Carlton BARRETT, Mr. Tyrone DOWNIE, DILLINGER, Mikey DREAD, U
BROWN, SPANNER BANNER, Mr Neville INGRAM, Mr. Wesley TINGLIN, B.B. SEATON,
Leroy GIBBONS, Leon LIEFFER, Tony MAHONEY, Mr. Earl Bailey, BYRON OTIS,
Mr. Cedric MYTON and NINEY HOLNESS THE OBSERVER.: For a judgment to be
rendered at the end of June 2004 U ROY, U BROWN, MIGHTY DIAMONDS, SLY v/ EMI-VIRGIN RECORDS. All artists
interested by acting against EMI-VIRGIN should join. Marcia GRIFFITHS and Junior MARVIN v/ SPEDIDAM : Note that if the pending
SPEDIDAM case is successfull they will benefit from the judgment and could
receive payment at the end of 2004. Ijahman v/ UNIVERSAL : next hearing March 29, 2004 for a brief from Universal. Tyrone DOWNIE v/ UNIVERSAL : next hearing March 26, 2004 for the brief of Tyrone DOWNIE Max ROMEO, Winston McANUFF, Niney v/ Culture Press + Bunny LEE v/ Culture Press : Full pleadings in June 2004, a full judgment should rendered early September Horace ANDY, Freddie McGREGOR, Dennis ALCAPONE, Dave BARKER, Eric “Monty” MORRIS,Boris GARDINER, Owen GRAY, Max ROMEO, Ras MICHAEL, Justin HINDS, Johnny “Dizzy” MOORE, Ken PARKER, The SCIENTIST, Frank Spence, Errol Patrick Brown, Noel Brown (CHOSEN FEW), Winston FRANCIS, ROY SHIRLEY, George Agard and Loren Robinson (PIONEERS) v/ PIAS (Importer in France of Trojan Records) : At the hearing which took place on January 26, 2004 PIAS has asked for the guarantee of SANCTUARY, thus the next hearing will take place on April 2004. We will engage other actions against TROJAN directly or indirectly for the other artists and producers who have since joined in fight against Trojan (BB Seaton, Roy Cousins, The Melodians, The Maytones, Alton Ellis, etc……). For regular updates go also to the web site www.definiterecords.net
LEGAL CALENDAR FOR THE CURRENT & FUTURE ACTIONS : Next action to be filed : U ROY v/ EMI-VIRGIN RECORDS. All artists interested by acting against EMI-VIRGIN should join. Roy COUSINS v/ CHARLY. All artists and producers interested by acting against CHARLY should join.
Marcia GRIFFITHS, U ROY, Justin HINDS, Johnny “Dizzy“ MOORE (SKATALITES/SUPERSPONICS) ,Alton ELLIS, John HOLT, Ras MICHAEL Son of Negus Albert Griffiths & Clinton Fearon (The GLADIATORS), Mark Anthony MYRIE dit Buju BANTON, . Edmond " Mike " BROOKS ( “Prince MICHAEL”), Vernon Buckley & Gladstone Grant (The MAYTONES), Brent Gayford Dowe , James A. McNaughton , George Antonio Brevett (The MELODIANS), Wilburn "Stranger" COLE, Hopeton Brown (THE SCIENTIST), George Agard & Loren Robinson dit JACKIE (The PIONEERS), Bob ANDY, Roy COUSINS, Beryl BARCLAY (The GAYLETTES), SCOTTY : Note that if the others ADAMI case are successfull (Max ROMEO, or Junior MARVIN & others), they will benefit from the the other judgments and could receive payments at the end of the year 2004. Marcia GRIFFITHS and Junior MARVIN v/ SPEDIDAM : Note that if the pending SPEDIDAM case is successfull they will benefit from the judgment and could receive payment at the end of 2004. Tiken Jah FAKOLY v/ ADAMI Cases already argued in court : Max ROMEO v/ UNIVERSAL : The full trial with pleadings took place on December 16, 2004 before the court of Paris. A judgment will be rendered at the end of February 2004. Aston & Carlton BARRETT, Tyrone DOWNIE and Junior Marvin (The Wailers) v/ Night & Day (importer of a DVD of Bob Marley Live sold under a Trojan label): This is an injunctive procedure that was pleaded on November 4, 2003. A cease and desist order was rendered by the judge in order to forbid the sale of the DVD
Max ROMEO (alone) v/ ADAMI : Jimmy CLIFF (alone) v/ ADAMI : These 3 caes have been joined together and will be heard together in a full trial on June 10 for a judgment to be rendered at the begining of September 2004.
Niney, Bunny Lee, Tappa Zukie, Dennis Alcapone v/ Virgin/EMI : Trial with full pleadings has been set for March 10 , thus a judgment should be rendered around the end of April. Note that CULTURE PRESS and CHARLY LICENSING APS have joined this case to defend EMI thus we will use this opportunity to engage full actions against CHARLY LICENSING APS which administers the catalog of CHARLY ACQUISITIONS and the former liquidated CHARLY HOLDINGS and CHARLY RECORDS Junior MARVIN & IJAHMAN v/ ADAMI : The case should be closed January 29 and the judge will set a date for full trial with pleadings in June 2004 or at worst in September 2004. Aston "FAMILYMAN" BARRETT, Carlton BARRETT, Mr. Tyrone DOWNIE, DILLINGER, Mikey DREAD, U BROWN, SPANNER BANNER, Mr Neville INGRAM, Mr. Wesley TINGLIN, B.B. SEATON, Leroy GIBBONS, Leon LIEFFER, Tony MAHONEY, Mr. Earl Bailey, BYRON OTIS, Mr. Cedric MYTON and NINEY HOLNESS THE OBSERVER.: The case should be closed in March and the judge will set a date for full trial with pleadings in September 2004. Note : the case will be heard with the one of Junior Marvin & Ijahman v/ ADAMI (same judge) Aston & Carlton BARRETT, ROBBIE, SLY, Ansell COLLINS, Boris GARDINER, Tyrone DOWNIE and Pablo MOSES v/ SPEDIDAM : Next hearing January 30 for the brief of SPEDIDAM. The case should be closed at this date, and pleadings with a full trial could be set on June 10 (with Max Romeo v/ ADAMI), for a judgment to be rendered begining of July, at worst in September NINEY HOLNESS, JOE GIBBS, BUNNY LEE, ROBBIE, SLY, Derrick HARRIOTT, Freddie McGREGOR, TAPPER ZUKIE, and Derrick MORGAN v/ SCPP : The case will be closed on February 17 and at that date the judge should set a date for the pkeadings around June 2004. Ijahman v/ UNIVERSAL : next March 2004 for a brief from Universal. Tyrone DOWNIE v/ UNIVERSAL : next hearing February 6, 2004 for the brief of Universal. Max ROMEO, Winston McANUFF, Niney v/ Culture Press + Bunny LEE v/ Culture Press : Full pleadings February 17, 2004, a full judgment should rendered early May. Horace ANDY, Freddie McGREGOR, Dennis ALCAPONE, Dave BARKER, Eric “Monty” MORRIS,Boris GARDINER, Owen GRAY, Max ROMEO, Ras MICHAEL, Justin HINDS, Johnny “Dizzy” MOORE, Ken PARKER, The SCIENTIST, Frank Spence, Errol Patrick Brown, Noel Brown (CHOSEN FEW), Winston FRANCIS, ROY SHIRLEY, George Agard and Loren Robinson (PIONEERS) v/ PIAS (Importer in France of Trojan Records) : At the hearing which took place on January 26, 2004 PIAS has asked for the guarantee of SANCTUARY, thus the next hearing will take place on April 2004. We will engage other actions against TROJAN directly or indirectly forthe other artists and producers who have since joined in fight against Trojan (BB Seaton, Roy Cousins, The Melodians, The Maytones, Alton Ellis, etc……). Updated – August 5, 2003 Jamaïcan artists & producers
CORRECTION. Definite Records were contacted on August 4th 2003 by a member of the
the Sanctuary Group. During the discussion it was pointed out that Sanctuary/Trojan,
in putting an offer to artists were proposing a one off payment and not
trying to make a settlement for the past. LATEST NEWS – Several Jamaican artists regroup and have engaged on July 30th a legal action in France against PIAS, the importer of TROJAN records, and WANADOO E MERCHANT a major TROJAN record reseller on the internet through the site alapage.com. The action has been filed before the Court of Paris on behalf of - Dave BARKER, Owen GRAY, the CHOSEN FEW Frank Spence dit A.J. FRANKLIN, Errol Patrick Brown dit ERROL et BUNNY BROWN, the PIONEERS, Denis ALCAPONE, Horace ANDY, Max ROMEO, BORIS GARDINER, pour Eric “Monty” MORRIS, Justin HINDS, Ras MICHAEL, Freddie McGREGOR, John Dizzy Moore (Skatalites/Supersonics) Winston “Bobby” Francis, Mr. Hopeton Brown (The SCIENTIST), Roy SHIRLEY and Ken PARKER. All the artists claim damages for the sale in France of their recordings in compilations and albums without their proper authorization during the past years. Another action will be engaged shortly against TROJAN in France in the next days, and separate actions will also be engaged gainst TROJAN in other European countries in the very near future thus it is important that all the artists whose recordings are exploited illegally by TROJAN/SANCTUARY join the fight rapidly. UPDATE : NEW ARTISTS WHO HAVE JOINED IN THE FIGHT TO DEFEND THEIR RIGHTS AND OBTAIN PAYMENT OF THEIR LEGAL REMUNERATIONS : Buju Banton, Johnny Dizzy Moore, Justin Hinds, Albert Griffiths (Gladiators), Ras Michael, Alton Ellis, John HOLT. Several others artists or producers who have contacted us have not returned the power of attorney or a copy of teir ID and should do so to be included in the actions. Among these artists Headly BENNET, Anthony THOMAS (King Kong), Carlton LIVINGSTON, Mike BROOKS, Winston REEDY. French Reggae singer TIKKEN JAH FAKOLY has joined in the fight against ADAMI. UPDATE : Full trial date set for December 15, 2003 in the matter of Max ROMEO v/ UNIVERSAL and UNIVERSAL VIVENDI regarding the unauthorized exploitation of his album WAR INA BABYLON. Max ROMEO claims that the album has been sold since 1978 by ISLAND UNIVERSAL without a recording agreement and without him getting paid any royalties on an album that has since sold over 1.5 millions copies wolrdwide. Follonwing the full trial of Decmber 15, a judgment should be rendered by the District Court of Paris around the end of January 2004. This judgment should set the patterns for the other actions engaged also against ISLAND/UNIVERSAL by Ijahman for his albums “Are we a Warrior„ and “Haile I hymn”, and by Tyrone Downier for various albums he recorded with Bob Marley and the WAILERS.
UPDATE – Begining of September another legal actions will be engaged against the ADAMI by several Jamaican artists in order to collect the legal remunerations due and payable to them since 1986. This action will be filed on behalf Buju Banton, Johnny Dizzy Moore, Justin Hinds, Albert Griffiths (Gladiators), Ras Michael, Alton Ellis, John HOLT. All the other artists who want to join should do rapidly. Otherwise, five sepatare actions have already been been filed against ADAMI. The first one was filed only in the name of Max ROMEO, and the second one was filed on behalf of ROBBIE, SLY, HORACE ANDY, Derrick HARRIOTT, Freddie McGREGOR, ROD TAYLOR, LONE RANGER, Winston McANUFF, Derrick MORGAN, Dennis ALCAPONE, ROY SHIRLEY, Clive TENNORS, Ronnie DAVIS, Dave BARKER, Ansel COLLINS, Winston Francis, Eric MORRIS, A.J. FRANKLIN, ERROL BROWN, Mr. BUNNY BROWN, DEEGO, DOOGIE, JACKIE, AMBELIQUE, Barry BIGGS, Brother YAHYA, K.C. WHITE, Boris GARDINER, Jimmy JAMES, Pablo MOSES and Owen GRAY. The third lawsuit was filed in the names of Aston «FAMILYMAN» BARRETT, Carlton BARRETT, Mr. Tyrone DOWNIE, DILLINGER, Mikey DREAD, U BROWN, SPANNER BANNER, Mr Neville INGRAM, Mr. Wesley TINGLIN, B.B. SEATON, Leroy GIBBONS, Leon LIEFFER, Tony MAHONEY, Mr. Earl Bailey, BYRON OTIS, Mr. Cedric MYTON and NINEY HOLNESS THE OBSERVER. These 3 lawsuits involve only Jamaican artists who are Jamaican nationals and who claim payment of the legal remuneration due and payable to them for the exploitation of their records in France since January 1st 1986. The 4th one was filed on behalf of Jimmy CLIFF, who claims that the has not been fully paid of the legal remuneration due to him by the ADAMI during the past 10 years. The 5th lawsuit was filed on behalf of Junior MARVIN and IJAHMAN, both citizens of the United Kingdom, and who are thus able to invoke directly the benefit of the laws of the European Union. The ADAMI is trying to delay all cases and has asked for additionnal time to respond to the claims. In most of the cases the ADAMI was granted until mid June 2003 to produce it’s briefs in defense. This means that one will have to respond to these briefs for September, then ADAMI will be given 2 months to reply, thus the matters will be pleaded in court approximately around April 2004, for judgments in May/June 2004. Legal action on behalf of Jamaican musicians against SPEDIDAM in order to collect their legal remunerations. This lawsuit was filed in the name of 6 musicians (Aston & Carlton BARRETT, ROBBIE, SLY, Ansell COLLINS, Boris GARDINER, Tyrone DOWNIE and Pablo MOSES) against the SPEDIDAM that collects in France the legal remunerations due and payable to the non-featured artists (i.e. the musicians). A first hearing took place and “in light of the complexity of the matter” (quote) the SPEDIDAM has requested an additionnal delay to respond to the claims. The Judge has granted until July 10 to the SPEDIDAM to produce it’s brief in defense. This means that one will have to respond to this brief for September, then SPEDIDAM will be given 2 months to reply, thus the matter will be pleaded in court approximately around April 2004, for a judgment in May/June 2004. Legal actions on behalf of Jamaican producers against SCPP in order to collect their legal remunerations. This lawsuit was filed by 9 Jamaican producers (NINEY HOLNESS, JOE GIBBS, BUNNY LEE, ROBBIE, SLY, Derrick HARRIOTT, Freddie McGREGOR, TAPPER ZUKIE, and Derrick MORGAN) against the SCPP that collects in France the legal remunerations due and payable to the producers for the exploitation of their records since January 1st 1986. The SCPP should produce it’s breif in defense for ay 26. This means that one will have to respond to this brief for mid-June, then SCPP will be given until September to reply, thus the matter will be pleaded in court approximately around February 2004, for a judgment in March/April 2004. Legal action on behalf of several Jamaican artists and producers against CULTURE PRESS (run Mr. Enzo Hamilton). The legal action engaged on behalf of Niney the Observer, Max ROMEO and Winston McANUFF was filed before the district court of Paris in September 2004. Several briefs have been exhanged so far. The next hearing as been set for June 2, 2002, but the case will not be argued before the end 2003. Legal action on behalf of several Jamaican artists and producers against EMI/VIRGIN for compilations licensed through Culture Press and Charly Records . This action engaged on behalf of Niney the Observer, Bunny Lee, Tapper Zukie and Denis Alcapone against EMI/VIRGIN for several compilations manufactured under licenses from Culture Press and Charly Records. EMI/VIRGIN should produce it’s first brief en of May 2003. The case should be argued end 2003 or begining 2004.
Max ROMEO (alone) v/ ADAMI : Next hearing September 8 for the brief in response of the ADAMI Jimmy CLIFF (alone) v/ ADAMI : Next hearing September 29 for the brief in response of the ADAMI Junior MARVIN & IJAHMAN v/ ADAMI : August 1st for the brief in response of the ADAMI, next hearing September 18 ROBBIE, SLY, HORACE ANDY, Derrick HARRIOTT, Freddie McGREGOR, ROD TAYLOR, LONE RANGER, Winston McANUFF, Derrick MORGAN, Dennis ALCAPONE, ROY SHIRLEY, Clive TENNORS, Ronnie DAVIS, Dave BARKER, Ansel COLLINS, Winston Francis, Eric MORRIS, A.J. FRANKLIN, ERROL BROWN, Mr. BUNNY BROWN, DEEGO, DOOGIE, JACKIE, AMBELIQUE, Barry BIGGS, Brother YAHYA, K.C. WHITE, Boris GARDINER, Jimmy JAMES, Pablo MOSES and Owen GRAY v/ ADAMI : next hearing September 29 for the brief in response of the ADAMI Aston «FAMILYMAN» BARRETT, Carlton BARRETT, Mr. Tyrone DOWNIE, DILLINGER, Mikey DREAD, U BROWN, SPANNER BANNER, Mr Neville INGRAM, Mr. Wesley TINGLIN, B.B. SEATON, Leroy GIBBONS, Leon LIEFFER, Tony MAHONEY, Mr. Earl Bailey, BYRON OTIS, Mr. Cedric MYTON and NINEY HOLNESS THE OBSERVER.: next hearing September 18 Aston & Carlton BARRETT, ROBBIE, SLY, Ansell COLLINS, Boris GARDINER, Tyrone DOWNIE and Pablo MOSES v/ SPEDIDAM : brief of SPEDIDAM August 8, next hearing September 18
Niney, Bunny Lee, Tappa Zukie, Dennis Alcapone v/ Virgin/EMI : brief in response of Virgin 30th of July, next hearing September 22 for our brief in response Max ROMEO v/ UNIVERSAL : full trial with pleadings December 15 Ijahman v/ UNIVERSAL : next hearing September 15 for the brief in response of UNIVERSAL Tyrone DOWNIE v/ UNIVERSAL : next hearing September 12 for the brief in response of UNIVERSAL Max ROMEO, Winston McANUFF, Niney v/ Culture Press : Next hearing September 29 for the brief in response of CULTURE PRESS Next actions to be introduced around September 8, 2003 : · against the ADAMI on behalf of Alton Ellis, John Holt, Justin Hinds, Gladiators, Buju Banton v/ ADAMI · against TROJAN on behalf of several Jamaican artists. Latest News from the Front Latest News Trojan/ Sanctuary Several Jamaican artists and producers have grouped together to obtain reasonable payment from the company for their tracks exploited by the Trojan label during past years. The Sanctuary Group which acquired the Trojan label in 2001, has been approaching individual artists. Several artists such as Boris Gardener, Derrick Harriot and Horace Andy have decided to negotiate with Trojan Sanctuary only through their lawyer Mr Andre’ Bertrand, who claims that the artists should be paid for the past separately from any agreement for the future, it being understood that any such agreement for the future should be limited in time. Andre’ Bertrand also maintains that any legal costs related to the settlement should be bourn by the Sanctuary group. John Murray-Smith the manager who represents several artists in England went to see and meet representatives of Sanctuary on the 17th April. The meeting was friendly and they were promised a full offer in writing by the end of the month. John Reed the general manager of Trojan stated at that meeting “ if you don’t hear from me by the end of the month you have a right to be very angry”. No offer has materialised. Unless the company makes a positive response in the coming days, the matter will be referred to lawyers and in the meantime legal actions will be undertaken in France to block the sales of the Trojan catalogue. Latest News: Update: Update: Update: Update: French Reggae singer TIKKEN JAH FAKOLY has joined in the fight against ADAMI. Update: Update: Update:
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