The Observer: Folk musicians sue record boss over 'blighted careers'
Indigo Jo
FOLK MUSICIANS SUE RECORD BOSS OVER 'BLIGHTED CAREERS'
by Lucy Johnston (The Observer, p13 today)
Britain's leading folk musicians have bombarded a major recording company
boss with writs caliming he is destroying their careers and sitting on a
national archive of some of the best traditional music produced this
century.
Dave Bulmer is accused of manoeuvring musicians into signing restrictive
contracts and failing to pay royalties. In some cases he is alleged to
have stopped their music being heard. Artists claim he sits on the
master tapes of their work and refuses to release them or to sell them to
another company. They believe he refuses to release some recordings,
hoping they will become more valuable.
Two alleged victims are Gary and Glen Millar of the Durham-based Whiskey
Priests, who received no royalties for their albums "Nee Gud-Luck", and
"The First Few Drops", after signing up with Celtic Music in the Eighties.
In 1993 they took their case to the HIgh Court and, in an out-of-court
settlement, obtained costs and the recording and publishing rights to
everything they had done.
"Celtic Music almost destroyed our careers", said Gary. "We were only 23
when we signed a contract with them. Once we got our hands on our tapes
we never received a penny in royalties. It was very difficult to get
hold of the albums and they did nothing to promote us. We couldn't move
to another distribution company because of the contract. They had a
stranglehold over us."
At least five cases have been brought against Mr Bulmer's music firms.
Some have been defended by Neil Sharpley, his partner and lawyer.
The Musicians' Union has blacklisted the company. Union spokesman Bob
Wearn said: "We have a number of outstanding legal cases against this
company and we warn our members that it often fails to promote records.
When it does promote, some artists find they do not get royalties. We've
had successes. The courts have torn up several 'unfair' contracts."
Ian Anderson, editor of "Folk Roots" magazine, said: "We've had more
complaints about the business practices of Dave Bulmer than any other
individual or company combined over the last 10 years."
Lawyers representing a leading folk singer are expected to issue a writ
against Celtic Music tomorrow, claiming it has not promoted her records or
paid her royalties.
Celtic Music is reputed to be worth UKP 2 million. The empire includes a
recording studio, a vinyl-pressing plant, CD and cassette duplicating
lines, publishing and distributing companies and retail shops.
IT also controls an important library of English folk music. Included in
the Bumer warehouse is the Percy Grainger collection of 1908, which
started the British folk revival. Researchers, led by Grainger, recroded
the traditional song of a rapidly disappearing rural England. These
collectons inspired composer Vaughan Williams and folk song collector
Cecil Sharpe.
Jez Riley of ADA, a folk music record distribution company said, "The
Grainger collection is the cornerstone of English traditional songs and it
is one of the most important records of English traditional music ever
made. It should not be locked up in Bulmer's warehouse, it is part of
English heritage."
The warehous holds albums of Scottish singer Dick Gaughin (sic), and the
album "Bright Fevers" by Mike, Lal and Norma Waterson, one of the first
records to mix folk with rock music.
Among the silenced artists is Nic Jones, whose career was destroyed by
brain injuries he suffered in a car crash. Once celebrated as one of
Britain's most gifted folk musicians, his albums are probably more sought
after than any other British folk revival recordings. Rights to his
albums "Ballads and Songs", "Nic Jones", "From the Devil to a Stranger"
and "Noah's Arc Trap" wer bought by Celtic Music from another label in the
Eighties.
"Before this he regularly received thousands of pounds every year in
royalties," said his wife, Julia. "Since Bulmer got our records we have
got nothing - even though money is very tight since the accident. People
love and remember Nic's music. I'm always being asked 'Is there any way
I can get hold of his records? Is there anything you've got?' I have
to say no."
Mr Sharpley declared, "IT is categorically denied that Celtic Music has
destroyed any musician's career. The success of an artist is usually
dependent upon the amount of talent they have and the amount of hard work
they undertake."
He denied that the company had failed to pay royalties and said some of
the albums would eventually be re-released.
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| Matthew J Smith \ "[The Priest] said that if you have to work |
| mt...@aber.ac.uk \ for anyone, an absentee boss is best." |
| indi...@freenet.hut.fi \ - Jeannette Winterson, "The Passion" |
|----------------------------------------------------------------------|
| Billy Bragg / Indigo Girls info: http://www.aber.ac.uk/~mts5/ |
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sending such email to me constitutes agreement to pay for the priviledge
of my attention.
Phil Whittaker
Concerning the article in today's Observer about Dave Bulmer of CM - served writs
by leading UK folk musicians.
Thanks Matthew for posting this up for folk who do not get the Sunday
papers. It seems to summarise all the complaints made against CM and Dave
Bulmer since I joined uk.music.folk and more. It really is very sad for
lovers of the tradition, and for artists involved very nasty indeed.
I was aware of Dave Bulmer and Neil Sharpley from sessions in South Tyneside
22 years ago. They seemed such nice people.
I bought the ( then available 3 ) three tunebooks which have a good
reputation among Irish music players. After I left the area, I was looking
for a tune which I did not find in the books. Dave was kind enough to write
it out on manuscript paper and send it to me. I was really moved to get this
reply.
So when did it start to go sour and when did CM become the monster it now
seems to be?
And when did Neil become a lawyer?
I also have an LP called simply Iona, featuring the above mentioned
accordianist and banjo player as well as a flute player and singer. There
must have been a card insert in the record sleeve because there is no
mention of the names of the musicians. Who were the other two? ( I suppose I
should ask whether they were paid.)
Please post up any more info as it comes in case we miss it. I am sure
recording musicians and record buyers will want to follow this one.
Thanks again.
Philip Whittaker
Chris Ryall
Indigo Jo posted Re: Folk musicians sue record boss
>Celtic Music is reputed to be worth UKP 2 million. The empire includes a
>recording studio, a vinyl-pressing plant, CD and cassette duplicating
>lines, publishing and distributing companies and retail shops.
Sound and fundamental principle of English law.
Only sue people with money!
>Among the silenced artists is Nic Jones, whose career was destroyed by
>brain injuries he suffered in a car crash. Once celebrated as one of
>Britain's most gifted folk musicians, his albums are probably more sought
>after than any other British folk revival recordings. Rights to his
>albums "Ballads and Songs", "Nic Jones", "From the Devil to a Stranger"
>and "Noah's Arc Trap" wer bought by Celtic Music from another label in the
>Eighties.
Anyone responsible for the failure of Nic's work
to migrate to CD deserves all they get IMHO.
--
Chris Ryall
Paul J. Stamler
I cannot speak to the truth or falsehood of this post, although the tone
of it suggests that the poster has a personal interest in the issues.
However, I'd like to point out a few errors of fact:
In rec.music.folk Indigo Jo <mt...@aber.ac.uk> wrote:
: IT also controls an important library of English folk music. Included in
: the Bumer warehouse is the Percy Grainger collection of 1908, which
: started the British folk revival. Researchers, led by Grainger, recroded
: the traditional song of a rapidly disappearing rural England. These
: collectons inspired composer Vaughan Williams and folk song collector
: Cecil Sharpe.
This is a gross oversimplification of history. Cecil Sharp (no "e") and
Vaughan Williams were collecting folksongs independently before Grainger
was doing it. Other collectors were doing the same on the continent of
Europe; it was part of a widespread movement, for complex reasons, to
collect and preserve folk culture. Grainger did yeoman work, being among
the first to work with a recording machine (cylinder) rather than a
notebook. Vaughan Williams did the same; Sharp mostly worked with
notebook, but collected across a wider slice of musical styles, including
work in the USA. All three were pioneers, all three were important.
: The warehous holds albums of Scottish singer Dick Gaughin (sic), and the
: album "Bright Fevers" by Mike, Lal and Norma Waterson, one of the first
: records to mix folk with rock music.
Make that "Bright Phoebus".
Peace.
Paul
Sfmans
In article <5l5chf$c63$4...@nnrp1.crl.com>, Paul J. Stamler
<psta...@crl7.crl.com> writes:
>I cannot speak to the truth or falsehood of this post, although the tone
>of it suggests that the poster has a personal interest in the issues.
>However, I'd like to point out a few errors of fact:
Presumably the errors were in the original piece in The Observer, rather
than in the post to the newsgroup.
Will there be a fighting fund for the costs of the artists taking the
action against CM, and where can I contribute?
Not that I'm taking sides or prejudging the case, you understand ;-)
Steve M.
sfm...@aol.com
Kevin Sheils
Indigo Jo wrote, quoting "The Observer":
<much interesting stuff snipped>
> The warehous holds albums of Scottish singer Dick Gaughin (sic), and the
> album "Bright Fevers" by Mike, Lal and Norma Waterson, one of the first
> records to mix folk with rock music.
>
<snipped again>
Shouldn't (sick) be added after the album title also ;-)
Indigo Jo
On 11 May 1997, Paul J. Stamler wrote:
> I cannot speak to the truth or falsehood of this post, although the tone
> of it suggests that the poster has a personal interest in the issues.
> However, I'd like to point out a few errors of fact:
I have no personal interest in the records, or Celtic Music, or anything
connected with the issue. I merely saw the article in a Sunday paper
(a fairly reputable one) and copied it and sent it to the newsgroup,
believing it to be of interest to quite a number of the people who post to
the groups, uk.music.folk especially.
Mat
Peter Walters
In article <5l9jr1$m...@shiny.i-cubed.co.uk>, George Hawes
<George...@i-cubed.co.uk> writes
>The issue - which is, if anything. somewhat worse than
>the article suggests - is of concern to a vast number of people
>involved in folk music in the UK, and has surfaced in these
>groups a number of times.
>
>In addition to the artists referred to in the article there are
>a number of others anxiously waiting for their contracts with CM
>to expire so they can record elsewhere,.
>
>Also, if Paul wishes to correct facts I wish he would avoid
>statements like:
>
I don't want to say too much, since one of the parties concerned in this
firm is a lawyer, but I know of at least one instance where a group were
contracted to Celtic Music, made a record, which was never released and
then were unable to make other recordings for some time after.
--
Peter Walters
carnoustie, Angus
Jeri J Corlew
Indigo Jo wrote:
>
> On 11 May 1997, Paul J. Stamler wrote:
>
> > I cannot speak to the truth or falsehood of this post, although the tone
> > of it suggests that the poster has a personal interest in the issues.
> > However, I'd like to point out a few errors of fact:
>
> I have no personal interest in the records, or Celtic Music, or anything
> connected with the issue. I merely saw the article in a Sunday paper
> (a fairly reputable one) and copied it and sent it to the newsgroup,
> believing it to be of interest to quite a number of the people who post to
> the groups, uk.music.folk especially.
>
interested in buying some of the cobweb bedecked recordings. I'm happy
to hear that action is being taken, and hope that justice is appropriate
and swift.
I can't think of any more effective way to "disappear" so much music
than what CM is accused of doing.
Jeri
Indigo Jo
On Thu, 15 May 1997, George Hawes wrote:
> Jeri J Corlew <jer...@inet.att.co.kr> wrote:
>
>
> >Thanks for doing so. I suspect more people than just myself are
> >interested in buying some of the cobweb bedecked recordings. I'm happy
> >to hear that action is being taken, and hope that justice is appropriate
> >and swift.
>
> Sadly (and I hope to be proved wrong) the legal action may well
> not do anything to rescue the recordings CM are sitting on,
> since they almost certainly do have legal title to them . .
> There's more than one facet to this case.
The Grainger collections may be unrescuable (and what does CM want with
them anyway?) but the recent recordings (eg. the Watersons and Dick
Gaughan stuff). Artists sign over rights to record companies so they can
be released and make money for both artist and company, not so the company
can sit on them like a dog in a manger. When a company buys a recording
from another company, they buy that trust as well.
If what is alleged to be going on here is true, then IMHO Celtic Music
should be forcibly wound up.
Mat
George Hawes
Jeri J Corlew <jer...@inet.att.co.kr> wrote:
>Thanks for doing so. I suspect more people than just myself are
>interested in buying some of the cobweb bedecked recordings. I'm happy
>to hear that action is being taken, and hope that justice is appropriate
>and swift.
Sadly (and I hope to be proved wrong) the legal action may well
not do anything to rescue the recordings CM are sitting on,
since they almost certainly do have legal title to them . .
There's more than one facet to this case.
Regards
George
Dick Gaughan
In article <Pine.OSF.3.95.97051...@osfgj.aber.ac.uk>,
Indigo Jo <mt...@aber.ac.uk> writes
>When a company buys a recording
>from another company, they buy that trust as well.
>
So far as I understand it, the Elton John case several years ago, where
he tried to get ownership of rights reverted because of failure to
release recordings, established an important principle - although he
ultimately lost the case.
The ruling was that, while the record company incontrovertibly owns the
rights in the recordings, they have what was described as a fiduciary
duty, to exploit the recordings to the mutual benefits of both the
recording company and the artist.
In a capitalist society, it is extremely unlikely that any judge is
going to revert property rights legitimately sold by contract on the
grounds of failure to adhere to certain conditions in that contract - to
do so would undermine the entire principle of rights of property. If it
happened, then the British Government could simply take back the
ownership of the railways and water companies on the grounds that they
are not carrying out their contractual obligations to provide a decent
service :)
It is my opinion, based on what I understand the law to be, that anyone
who takes a case against CM for return of ownership of recordings on the
basis of their failure to release recordings (including the Leader/
Trailer catalogue) will lose.
Individual artists claiming neglect of the fiduciary duty to exploit
might have an interesting case but, as I said, I'm not a lawyer and
could be completely misinterpreting the situation.
>If what is alleged to be going on here is true, then IMHO Celtic Music
>should be forcibly wound up.
While there is logic and moral force to this argument, I'm not sure if
it's the correct solution.
In this event, the receiver would sell the recordings to the highest
bidder, who could well be someone like the US Library of Congress, and
the chances of us ever hearing them again could be even slimmer than
they are at present.
For the record.
At the point at which CM bought the Leader stuff from John Zollman, Dave
Bulmer and I were partners in Redesdale Recording Studios. He explained
to me that it looked likely that the receivers would be called in
regarding John Zollman/Highway and that the Leader catalogue would be
sold.
I expressed my concern that these recordings could be bought by some
educational institute which would never release them and they could be
locked up on a shelf forever, a remark to which history adds a certain
irony. Dave said he was thinking about putting in a bid for them and, as
at that time he seemed to be doing a reasonable job of running CM and
getting records out, I thought that was a constructive thing for him to
do.
I genuinely believed that he would release them - if only to get back
his money! And he did actually release several of them, including my
first album, "No More Forever", which made me optimistic.
Had I had a crystal ball .......
--
Dick Gaughan, Dun Eideann (Edinburgh), Alba (Scotland)
http://www.dickalba.demon.co.uk/ To email, remove anti-spam "XX"
from address. Spam and UCE to postmaster@localhost
Jim Partridge
Dick Gaughan <di...@dickalbaXX.demon.co.uk> wrote:
>In article <Pine.OSF.3.95.97051...@osfgj.aber.ac.uk>,
>Indigo Jo <mt...@aber.ac.uk> writes
>>When a company buys a recording
>>from another company, they buy that trust as well.
>>
>I'm no lawyer so the following may be incorrect.
Well, I am a lawyer, but not in Britian, so my views may be equally
incorrect.
>So far as I understand it, the Elton John case several years ago, where
>he tried to get ownership of rights reverted because of failure to
>release recordings, established an important principle - although he
>ultimately lost the case.
>The ruling was that, while the record company incontrovertibly owns the
>rights in the recordings, they have what was described as a fiduciary
>duty, to exploit the recordings to the mutual benefits of both the
>recording company and the artist.
A fiduciary owes a duty to his/her client to put the client's
interests *ABOVE* his/her own. If the Elton John decision really made
fidiciaries of the owners of copyrights, that was an outstanding
result for artists.
>In a capitalist society, it is extremely unlikely that any judge is
>going to revert property rights legitimately sold by contract on the
>grounds of failure to adhere to certain conditions in that contract - to
On the contrary, if an explicit term of the contract of sale (of the
rights) was that the purchaser of the copyrights use reasonable
efforts to promote/release the recordings, and he fails to do so, then
an appropriate remedy for that breach of contract would be to rescind
the contract and restore the rights to the seller. Note that what
constitutes "reasonable efforts" is the variable here, and could be
rather narrowly construed.
[snip]
>I genuinely believed that he would release them - if only to get back
>his money! And he did actually release several of them, including my
>first album, "No More Forever", which made me optimistic.
>Had I had a crystal ball .......
Which I purchased here in California and enjoy completly. Thank you,
Dick, for this wonderful CD of trad. Scot material.
Jim.
Neil Wayne
Indigo Jo wrote:
> I have no personal interest in the records, or Celtic Music, or anything
> connected with the issue. I merely saw the article in a Sunday paper
> (a fairly reputable one) and copied it and sent it to the newsgroup,
> believing it to be of interest to quite a number of the people who post to
> the groups, uk.music.folk especially.
>
> Mat
>
I have just a small input to make, since I have been 'off the scene' for
some years!
In Oct 1995, After clearing my plans with Robin and Barry Dransfield, I
approached Dave Bulmer for the rights to use certian vital Dransfield
Tracks (from Rout of the Blues' and 'Lord of all I behold') for Free
Reed's forthcoming Robin & Barry double CD set - info at:
http://www.freedmus.deom.co.uk/frcd18.htm
Permission was granted, advance agreed, CMD contacted the Dransfields,
and correct payment was agreed for them, as under the Trailer Contract.
I just hope that Dave will now bring forward plans for prompt release,
not only of the two source Dransfield LPs - what a great single CD
they'd make - but also the Nic Jones material and other stuff 'on the
shelf!!'!!
I was around when a lot of small folk labels - including mine!! - went
bust in the 80s, and most masters would have eneded up in skips if it
wasn't for Bulmer's rather obsessive acquisition policy! - So Dave -
please finish the job, get more out on release, and confound some
critics!!
Neil Wayne
Free Reed Records & Music
http://www.freedmus.demon.co.uk
neil_...@freedmus.demon.co.uk