MH Article
Rollers Take Song BMG To Court Over Royalties
Bay City Rollers producer Phil Wainman is preparing himself for a court battle with Sony BMG over a claim for unpaid royalties on several of the band's hit tracks.
Wainman launched the claim against the pre-merger BMG last year to recover unpaid royalties on three hit singles, including Bye Bye Baby and title from two albums. The claim stretches back to 1979, when Wainman says his royalty cheques dried up.
He is being advised by royalties recovery specialist David Morgan - who has previously secured hundreds of thousands of pounds for Musical Youth - and Angel & Co's Nigel Angel. Morgan now says negotiations between Wainman who believes his claim could run to millions after banking cheques of up to £150,000 every six months before payments stopped - and the record group have broken down and they are now waiting for a court hearing date. This could be before the end of the year. "We have no option than to proceed to court," Says Morgan.
A spokesman for the record company says, "The company continues to work in good faith with representatives of the Bay City Rollers to resolve the matter."
Wainman's legal actions comes as the Bay City Rollers continue to press for the "missing Millions" they allege are still owed to them from their high earning days in the Seventies.
In a a separate move, Wainman and his outfit Utopia Music has also issued a writ against publishing administration company Sherlock Holmes Music and its boss Vernon Rossister, Which claims that it did not collect royalties income derived from the US from music tracks Wainman has produced.
In the six-page 29-point writ, Utopia claims Sherlock Holmes was in breach of its obligations because it "failed to account for any income arising form the work in the US". Morgan, who is also representing Wainman in the claim, says the legal action is going ahead because Sherlock Holmes did not do what it was supposed to do.
Sherlock and Rossister are represented by Marriott Harrison and Tony Morris, head of media law. "We are going to robustly defend this action," says Morris. "Sherlock feels strongly they have done their job as administrators."
Tony Morris, MH Media
Music Week
02/07/2005