How EMI treated dying songwriter
p2pnet news view | P2P | Music:- Christmas isn’t that far away and traditionally, it’s the time for sharing —-
—- unless you’re talking about Vivendi Universal, EMI, Warner Music and Sony Music.
For them, it’s the time to start behaving like the miserable Grinches they are, threatening consumers with dire consequences if they dare to share.
Speaking of Grinches, EMI Music snatched away the rights to songwriter Haven Gillespie’s entire catalogue, including “Santa Claus is Comin’ to Town” and “Breezin’ Along with the Breeze,” one year before he died, “mentally impaired” from lifelong alcoholism, his daughter-in-law claims in Manhattan Federal Court, writes Karina Brown for the CourtHouse News Service.
Gillespie and his collaborator, J. Fred Coots, dreamed up the Santa Claus song while riding a New York subway in the 1930s,” she says, going on »»»
Audrey Gillespie sued EMI Music Publishing and five EMI affiliates, seeking an accounting and royalties. Haven Gillespie also was co-writer of the standard, “You Go to My Head.”
James Lamont “Haven” Gillespie was born in 1888. He dropped out of school in the fourth grade to start work as a typesetter. In 1909, he married Corene Parker, who bore their only child, Haven Gillespie, in 1910.
Gillespie’s song “Breezin’ Along with the Breeze” became a hit after Josephine Baker recorded it. The Three Suns and Perry Como recorded their own hit version in the 1950s.
Enduring fame came when Gillespie wrote “Santa Claus is Comin’ to Town.” Gillespie and his collaborator, J. Fred Coots, hit upon the song while riding a New York subway, the daughter in law says. Eddie Cantor made the tune an “instant hit” in his 1934 recording, according to the complaint.
That year Gillespie and Coots signed a copyright agreement with EMI’s predecessor, Leo Feist Inc., in exchange for one-third of revenue from the song, including record sales, radio broadcasts and movie soundtracks, the lawsuit states. The company also promised to send the men quarterly accounting statements. Gillespie signed similar agreements for other songs with EMI’s affiliates.
In 1960, Gillespie and his son renewed their rights to all the songs, except “Santa Claus is Comin’ to Town.” By 1974, Gillespie was “mentally impaired” from years of alcoholism and one year away from death, according to the complaint.
That year, representatives from EMI predecessors and subsidiaries had Gillespie sign papers allowing EMI to take control of his entire catalogue, with vague claims about needing to “avoid disruption” of the international sales of Gillespie’s songs, the complaint states. EMI allegedly did not offer any compensation for that deal.
“At the time of these letters, Gillespie … could not have comprehended the legal significance of his conduct,” the lawsuit states.
Gillespie died in March 1975, leaving the rights to all of his songs to his son.
In 1982, the American Guild of Authors and Composers sent a notice to EMI predecessor Leo Feist on behalf of Gillespie’s son, terminating the company’s rights to “Santa Claus is Comin’ to Town” and 19 other songs, according to the complaint. In 1990, the son assigned the rights to those songs to the Haven Gillespie Music Publishing Company.
The younger Haven Gillespie died, leaving the song rights to his wife, plaintiff Audrey Gillespie. Audrey Gillespie says she discovered the 1974 assignment letters in 2007. They are attached as exhibits to the complaint.
EMI still claims ownership to Gillespie’s entire catalogue. His daughter-in-law disputes that. She sued EMI Music Publishing, EMI Catalogue Partnership, EMI Mills Music Inc., EMI Miller Catalog Inc., EMI Robbins Catalog Inc. and EMI Feist Catalogue Inc. She wants Gillespie’s share of EMI’s income from the international sale of his songs, and damages for unjust enrichment.
She’s represented by Robert Meloni and Thomas McCaffrey with Meloni & McCaffrey,” adds Karina.
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
CourtHouse News Service – EMI Music Snatched Rights to ‘Santa Claus’ from Dying Songwriter, His Estate Claims, October 21, 2009
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October 22nd, 2009 at 1:10 pm
The EMI’s parasites and their lawyers shall all die.
October 22nd, 2009 at 4:44 pm
What is the news. This is what music publishers do all the time.
Its a racketeering business.
The problem is the racket cannot be fought individually in court.
Soon an secret offer is made to the lawyer and there ends the fight.
October 23rd, 2009 at 2:11 am
@Reader’s Write
“The EMIâs parasites and their lawyers shall all die.”
Whilst I agree that EMI and all related record pushers are parasites, saying that the lawyers should die is one of the reasons that the media refer to us as if we are criminals, or children who don’t like paying for what they want. How can we be taken seriously if we keep on with the abuse and death threats instead of intelligently debating and discussing the issue? After all “The pen is mightier than the sword”.
October 23rd, 2009 at 4:33 am
@an0n
You are trying to reason with what I (and others) suspect is a corporate shill trying to discredit the site and its audience.
I’m not saying I disagree with you, it’s just wasted effort. The person in question crafts his comments to fall just under Jon’s liberal censorship policies by not making a direct threat. In this case, he’s stating a fact because everyone “shall die.” It’s just how life works.
Most of us (the regulars on this site) have decided that ignoring him is better than debating the issue because his goal seems to be to shift the focus of the discussion from the story to discussion of his comments.
Don’t feed the trolls.
—————————————
@ the story
I wish that this surprised me, but it doesn’t. Hopefully, this sleaze will bankrupt itself soon…….
October 23rd, 2009 at 8:41 am
“sent a notice to EMI predecessor Leo Feist on behalf of Gillespieâs son, terminating the companyâs rights to âSanta Claus is Cominâ to Townâ and 19 other songs”
Songwriters may terminate assignments for various reasons, one being a termination right built into the Copyright Act. Another being the non performance by the publisher, as when a song makes no income or is never recorded.
Unfortunately the publishers have a number of gimmicks in court so as to never terminate their ownership. Some are ignoring the termination notices from songwriters, never advising songwriters of their rights, claiming that the song failures are due to the songs being worthless, claiming royalties were paid but old records/checks cannot be found, the assignments are for the copyright duration of the songs, there are no performance requirements on the assignment contracts, and so on.
In short, the contracts signed by songwriters are one sided and abusive,
Unfortunately also most so called intellectual property lawyers need to make a living and dare not gain a reputation of being anti industry and dare not argue against publisher claims or have no imagination as to how to prevail in favor of the songwriter.
Also no judge dare declare the standard songwriter-publisher contracts abusive and illegal while the government monopoly lawyers never look into the matter.
I hope in this case the outcome is different and the songs are taken away from the publisher.
October 23rd, 2009 at 11:12 am
A fight over a song written nearly a century ago, will people still be fighting over “ownership” of this same song a century from now?
October 24th, 2009 at 7:12 pm
sorry ,but i can find nothing positive in record labels! especially the kartsmell ones.they just rip off sonwriters .it’s like copyright,it’s time for a change.pay the writers directly or just put them into the public domain.if there going to get nothing from the riaa,then what difference do it make who listens to them?