LANDMARK BOB MARLEY CASE GOES TO COURT

10 April 2014 - Press release

On the 12th May 2014 a landmark Trial begins in the High Court, London, between Plaintiffs Cayman Music and Defendants Chris Blackwell’s Blue Mountain Music.

The Trial is over a number of important titles, the most significant of which is “No Woman, No Cry”, Bob Marley’s most famous song.

Cayman Music is suing Blue Mountain Music for misattribution, and diversion of income, amongst other things, in an attempt to retrieve “No Woman, No Cry” and other songs.

Cayman are the original, long-standing publishers of Bob Marley, the most successful black artist of all time. They represented his catalogue from 1967 to late in 1976. The Defendants are the then publishing arm of Island Records and sometime publisher of various Bob Marley titles, from the mid 1970s to later in his career. Both publishers retain some of Bob Marley’s work to the present day.

The Plaintiff, Cayman Music, was the publisher at the time the song was written but it was attributed to Vincent Ford, in a “misattribution”, designed to deny Cayman Music of its rights and income, under the (then) current music publishing agreement with Bob Marley.

This ”misattribution” action was confirmed by Chris Blackwell in his Trial evidence in the Aston “Family Man” Barret Trial in London, some years ago.

It is now common ground between the disputing parties that the songs (including “No Woman, No Cry”),  were actually written by Bob Marley but that the music publisher’s share was never credited to Cayman Music, who have now been denied their contracted entitlement for more than 40 years.

Additionally,  the named writers (such as Vincent Ford) were supposed to receive the performance income, derived from the “misattributed” songs, but, seemingly, have never done so, with an attendant loss of hundreds of thousands, or even millions, of pounds. 

This David vs Goliath scenario sees a small, boutique, music publishing company (Cayman Music), owned and operated by Brian Scholfield, a UK industry veteran, and his son,  Ben, who deals with the day to day running of the company - ranged against the might of a music publishing empire (Blue Mountain), with all the backing and weight that such wealth and establishment bring to bear.

Chris Blackwell’s company is represented by Messrs Russells, a highly successful, specialist, UK music firm with a huge CV. They have retained the eminent and astonishingly successful music Barrister Sir Ian Mill QC to argue their case.

Cayman is represented by Briffa’s – a small, boutique firm of solicitors run principally by Margaret Briffa - who has retained emerging “street-fighter” Hugo Cuddigan QC as advocate for Cayman . Cuddigan is the man who retrieved the rights to “A Whiter Shade of Pale” for Matthew Fisher. 

In many ways this case could be said to be a present day reflection of a long-standing rivalry in the world of Bob Marley . A clash between the innovative music entrepreneur  Danny Sims who, together with partner Johnny Nash (the first major, global, reggae star),  discovered Bob Marley in 1967, and Chris Blackwell whom most people believe to be responsible for “discovering” Bob Marley. 

The truth is, in fact, a little different.  In 1967 Danny Sims and Johnny Nash signed Bob Marley to a management deal, a music publishing deal and a major record deal, with their company – JAD Records. Jad had already been responsible for guiding Johnny Nash’s career to major stardom.

Chris Blackwell then acquired Bob Marley’s recording rights by buying out Danny Sims’ recording interest in Bob Marley. An over-ride is paid to this day in respect of this arrangement.

It is also little known that, when his deal was concluded with Chris Blackwell in 1979, Bob Marley went back to Danny Sims, with whom he stayed for the remainder of his career until he died.

To say that there was history between Danny Sims and Chris Blackwell would be an understatement. That Cayman Music was Danny Sims’ publishing company at the time of the misattribution fraud is therefore no real surprise. That Chris Blackwell’s company – Blue Mountain - ended up controlling the song, is no real surprise. But the justice of that controlling interest is finally now being called into question.

On May 12^th this fascinating and unique story involving a complex cast of characters, the most successful black artist of all time, and his most famous song, purportedly stolen from its rightful owners before it was even recorded, may be one step closer to a resolution. 

Perhaps, too, a little unknown history will also be restored to the record books.