The failure to recognise copyright is not just a matter for the Jamaican music industry. The French label Culture Press was thus ordered by a court ruling on 13 April 2005 to pay damages to Max Roméo and Winston Mc Anuff for marketing some of their albums without their consent. A victory that is also a starting point, since it is the first time a French court has deemed the manufacture and sale of a Jamaican artist's album without his agreement to be illegal. It should set a precedent.
The case dates back to 2003. On 23 August, Max Roméo, Winston McAnuff and the producer Niney Holness began legal proceedings against the French label, run by one Enzo Hamilton... A former president of Trojan Records, his name is associated with numerous cases of this kind. The targets were the release of two Max Romeo albums, "Wet Dream" and "On The Beach", as well as the import from the United Kingdom of two other albums, "Let The Power Fall" and "Sings Bob Marley at the Dance Hall", "without his consent". A polite formula that often hides outright piracy, with the artist not even aware that these albums exist. Winston Mc Anuf is in an identical situation, Culture Press having marketed "One Love" without his agreement. For his part, Niney sought the annulment of a contract signed with Culture Press and HartGlobe UK on 25 April 1993, a request rejected because of the absence of the third party.
Faced with these accusations, Culture Press claims to be merely the importer of "Let The Power Fall" and "Sings Bob Marley...", both released in England on the Rhino label. The label also argues that a contract had been signed with Bunny Lee, the producer of "Wet Dream" and "On The Beach". Hence Culture Press's complaint against Bunny Lee, arguing "his guarantee against all complaints made by Max Romeo". Which says a lot about the producer's practices... The latter replied by seeking the invalidity of this contract signed in March 1991, because it does not list the tracks concerned. As for the album "One Love", Culture Press claimed to have acquired the rights from Tommy Cowan.
60,000 euros for Max Roméo
The Court did not accept these arguments, since Culture Press was ordered to pay damages to Max Romeo (60,000 euros) and Winston Mc Anuff (15,000 euros), stating that the label was acting illegally since the artist had not given his agreement. The records must therefore be withdrawn from sale, on pain of a fine of 10,000 euros (15,000 euros in the case of "One Love") for each copy sold a month after the judgment takes effect.
Furthermore, the contract signed in 1991 by Bunny Lee, Webster Shrowder (another recurring name in these cases) and Culture Press is invalidated because it does not list the tracks covered by the agreement. Culture Press must therefore pay 50,000 euros in damages to Bunny Lee, but the latter must reimburse them 47,889 euros, corresponding to advances received. The case is not over, since Culture Press has sold licences for the use of the tracks to other labels. Which will swell the bill.
Faced with these accusations, Culture Press claims to be merely the importer of "Let The Power Fall" and "Sings Bob Marley...", both released in England on the Rhino label. The label also argues that a contract had been signed with Bunny Lee, the producer of "Wet Dream" and "On The Beach". Hence Culture Press's complaint against Bunny Lee, arguing "his guarantee against all complaints made by Max Romeo". Which says a lot about the producer's practices... The latter replied by seeking the invalidity of this contract signed in March 1991, because it does not list the tracks concerned. As for the album "One Love", Culture Press claimed to have acquired the rights from Tommy Cowan.
60,000 euros for Max Roméo
The Court did not accept these arguments, since Culture Press was ordered to pay damages to Max Romeo (60,000 euros) and Winston Mc Anuff (15,000 euros), stating that the label was acting illegally since the artist had not given his agreement. The records must therefore be withdrawn from sale, on pain of a fine of 10,000 euros (15,000 euros in the case of "One Love") for each copy sold a month after the judgment takes effect.
Furthermore, the contract signed in 1991 by Bunny Lee, Webster Shrowder (another recurring name in these cases) and Culture Press is invalidated because it does not list the tracks covered by the agreement. Culture Press must therefore pay 50,000 euros in damages to Bunny Lee, but the latter must reimburse them 47,889 euros, corresponding to advances received. The case is not over, since Culture Press has sold licences for the use of the tracks to other labels. Which will swell the bill.
Report written by Sébastien Jobart
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