Win back rights to pioneering 1970s folk albums for artists

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Win back rights to pioneering 1970s folk albums for artists

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--- Help us get this music back to those who made it, and get it heard by a new generation ---

Almost the entire catalogues of Bill Leader’s twin Trailer and Leader imprints and also the Rubber Records label from the same era – catalogues all claimed currently by the same entity – have been unavailable for many years, most never available on CD let alone digitally.

These catalogues contain joyful, powerful, and beautiful music - but audiences have been unable to legally buy it other than through second-hand LPs on eBay, and artists and their heirs have been unable to earn royalties or see their work enjoyed by new generations.

Now, thanks to Cliff Richard (yes really!) some of the pioneering artists of the 1960s and 1970s have a clear-cut legal route to regain access to their work - including the rights to re-release it and to ensure session musicians get a share of the payment.

We're fundraising, collectively, to cover the legal fees for a group of artists to hire the expert solicitor they need. To get more specific: if we raise the full target (outlined in more detail below) it will allow these artists active in the early 1970s to send watertight legal letters to the entity currently claiming ownership of their recordings (released prior to 1976) for the late Bill Leader's Trailer label and in one case for Rubber Records.

Once those letters are sent, the clock will start ticking: the work has to be made properly available within 12 months of the letter's sending, or the rights will return to the artist and/or heirs.

Help us start the clock and get this music back to those who made it, and into the ears of a new generation of music fans.

How is it possible for artists to retrieve recordings made for record labels over 50 years ago?

A few years ago, Cliff Richard led a campaign to extend the copyright in sound recordings from 50 to 70 years. He was successful, and that extension was enacted in 2013. But that extension – which allowed Cliff and his 1950s and 60s peers to continue to receive royalties from the originating record companies during their lifetimes – also imposed obligations on businesses holding or claiming the rights to sound recordings in that zone between 50 and 70 years.

In short, if recordings were unavailable for sale, an artist or heirs to an artist could serve a so-called “use it or lose it” Notice, and as a consequence one of two things had to happen:

  • the work in question had to be made available in properly distributed form, including via streaming, within 12 months of that letter OR
  • the rights to the recording would return to the artist or heirs after those 12 months had elapsed.

Additionally, if the business claiming ownership did re-release the work, it would have to pay the artist or heir for every copy sold, regardless of any historical debt. And finally, there are new rights for session musicians to get a share of the payments.




Why is retrieval of rights an issue for those who recorded for Leader, Trailer or Rubber?

Almost the entire catalogues of Bill Leader’s twin Trailer and Leader imprints and also the Rubber Records label from the same era – catalogues all claimed currently by the same entity – have been unavailable for many years, most never available on CD let alone digitally.

Artists affected include many giants of the 1960s and 70s folk and traditional music scenes in Britain and Ireland including Dave Burland, Séamus Ennis, the Copper Family, the Boys of the Lough, the High Level Ranters, Peter Bellamy, Robin & Barry Dransfield, Roy Bailey, Swan Arcade, Archie Fisher & Barbara Dickson, Tony Rose, Dick Gaughan, Mike Harding and many more.

Many such artists and heirs have thus not had an opportunity to benefit from royalties or to see their work available to be discovered and enjoyed by new generations – which has been the case with many of their peers from the now celebrated ‘British folk revival’ era who had the better fortune, as it transpired, to record for labels such as Transatlantic, Island, Topic, Decca, Charisma, Tradition, Gael Linn et al.

The records released in the 70s on Leader, Trailer and Rubber aren’t cans of beans, they’re not abstract assets – they’re fabulous works of art made at a magical time by real human beings who are now elderly but mostly still with us, as are their daughters and sons. And their music still lives – it still has beauty and joy and power within it. But hardly anyone new will hear this music if the only way is to actively seek it out on crackly second-hand LPs on eBay for a load of money.

How much money do we need?

Not everyone can afford to hire a solicitor, even for a guaranteed result. That’s what this crowdfunding campaign is about. We’d like to raise £1,800 each (£1,500 + VAT) for nine artists or groups of artists now in their 70s and 80s, and the heirs of three others, who need that help to secure the really meaningful goal of not only making the music of their glory days available again but also of benefitting financially from it.

The costs associated with the creation of the campaign (professional filming, editing, logistics) are £900 and the GoFundMe transaction fees are 2.9%, so the total sum of £24,900 requested reflects that.

£1,800 apiece will be sent to everyone on the list below or direct to a solicitor of their choice. If the total falls short, we will distribute it to artists and heirs according to maximum need.




The artists and the music concerned – including four confirmed after the video was filmed – are as follows:

1.​ John Tams & Roger Watson for Muckram Wakes – A Map of Derbyshire (1973)

2.​ Dave BurlandA Dalesman’s Litany (1971), Dave Burland (1972), Songs & Buttered Haycocks (1975)

3.​ Robin & Barry Dransfield – Rout of the Blues (1970), Lord of all I Behold (1971)

4.​ Boys of the Lough – Second Album (1974) and Aly Bain – Aly Bain & Mike Whellans (1971)

5.​ High Level Ranters – The Lads o’ Northumbria (1969), Keep Your Feet Still Geordie Hinnie (1970), High Level (1971), A Mile to Ride (1973) plus solo albums by Ranters members Tom Gilfellon – Loving Mad Tom (1972) – and Alastair Anderson – Plays English Concertina (1972)

6.​ Pete & Chris Coe – Open the Door and Let Us In (1972)

7.​ Kit Bailey (daughter) for the late Roy Bailey – Roy Bailey (1971)

8.​ Stu Luckley, Jed Grimes and Mick Doonan for Hedgehog Pie – Hedgehog Pie (1974), The Green Lady (1975) + 1 track on Take Off Your Head and Listen (1972)

9.​ Kay Nicholson (widow) for the late Roger Nicholson – Nonesuch for Dulcimer (1971)

10. ​Amy Scott (daughter) for the late Pete Scott – Don’t Panic (1971) + 1 song on Take Your Head Off and Listen (1971)

11. ​Carole Pegg – He Came From the Mountains (1971)

12. Padraig Tansey (son) for Séamus Tansey – Séamus Tansey with Eddie Corcoran (1970)

13. Lea Nicholson - Horsemusic (Trailer, 1971)

For the cost of 13 carefully crafted legal letters, we could potentially retrieve 23 albums for those people - and bring their music to brand new audiences.



Why now?

Artists from the early 70s still with us are all now in later life. In some cases, artists have significant health and care needs – Dave Burland is 85, for instance, and is the primary carer for his wife who is now blind. If the artists above retrieve rights to their recordings, they would have the option of selling on those rights for a meaningful sum in the here and now. Four reputable music businesses (including one major label) have been sounded out about this, and offers would be available to those artists. Artists would have their music reissued at least digitally, available to the world, and would receive a significant sum to deal with daily life.

In other cases, the artists concerned would prefer to arrange high-quality remastering and reissue of their works digitally, physically or both via licensing (not selling) to various third-party labels that have the existing infrastructure to do that. Or they may wish to do the whole job itself, via their own websites or by supplying a distributor directly.

If original masters are not made available, no longer exist or have rotted or become damaged, truly extraordinary work can now be done in digital restoration and mastering from mint or near mint original vinyl. Colin Harper has been involved in commercial projects for various labels and artists/heirs where this route has been necessary or has proved superior to using existing second- or third-generation copies of tape masters.

Nobody running this campaign would be involved in brokering any post-retrieval arrangements on any paid basis. The motivation here is purely to see the music made available again and for artists and their heirs to see financial reward.

Let’s help the artists concerned – let’s help them start the 12-month clock. Let’s help this music live again.

Organizer

Colin Harper
Organizer
Scotland
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