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Landmark ruling in Treasure Isle legal battle
By Basil Walters Observer staff reporter
Friday, October 30, 2009
It has now been made legally official that Sonia Pottinger is the rightful owner of the Treasure Isle's recording catalogue, previously owned by its late founder, the legendary record producer Duke Reid.
The landmark ruling was handed down in chamber at the Supreme Court in Kingston last Wednesday. The Jamaica Recording and Publishing Studio Limited (the famed Studio One founded and operated by the late Clement 'Sir Coxsone' Dodd, ace rival to Duke Reid) was first defendant. Second defendant was Anthony Reid, son of Duke Reid, Treasure Isle Records International Limited (the company started by Duke Reid's son) was third defendant and Edward 'Bunny' Lee fourth defendant.
"As of September 1975, Sonia Pottinger was and remains the legal and beneficial owner of master recordings, music publishing rights, all copyrights and related rights as well as the exclusive rights to administer, manufacture, release, distribute and license all publishing rights and master recordings owned by Arthur Stanley 'Duke' Reid," Justice E Brown stated in his written judgement dated Wednesday, October 21, 2009. Attorney-at-law Michael Hylton represented the claimant. None of the defendants were present or represented, Splash understands.
Speaking off the record, a source close to case told Splash: "Four months ago each defendant was summoned to court, but no one came, no one responded to the court order, because they would have to show proof why should they be considered part owner or full owner. So when the judge looked at all this and take it into consideration. None of the defendants showed up...nobody represents them."
It has been alleged that several people throughout Jamaica and the world - as far as France and California - have claimed that the expansive music catalogue belongs to them as they bought from Mrs Reid following the death of her husband. She is now deceased. And the argument that the Treasure Isle catalogue was sold to the claimant in 1975, prevailed.
This was after Sharon Pottinger decided to relentlessly take on the issue on behalf of her mother, even though there were folks who tried to talk her out of it. "A lot of people wanted me to hold back from going this far, and I said absolutely, no way. I'm standing up for what is right and what is just. We need to get justice and we need to get this thing finalised. My mother needs it and God sees and knows, she got what is hers," the fearless daughter said.
With this determination, she started proceedings about four years ago in Miami, Florida where she is based, but the court there said that the matter was out of its jurisdiction so it could not make a ruling on it.
"We decided to start proceedings out here, so we brought the case here," explained Sharon Pottinger. Added she: "There are royalties throughout the world that have been held in escrow. That's so wrong...I know my mother is a person who is very fair and she helped a lot of those artistes in a lot of ways. Some of these companies came here and took advantage of her."
The first female Jamaican record producer, Sonia Pottinger O D, opened her Tip Top record shop in 1965 and started producing artistes from the following year until the mid 1980s.
The widow of Lyndon Pottinger (himself a record producer), just a month ago secured an Internet distribution deal with the US-based Independent Online Distribution Alliance (IODA). And the daughter of the grand dame of Jamaican music who was honoured in February of this year at the Excellence in Music and Entertainment Awards, (EME) sees the present court ruling as a ray of hope.
"As I have always said, there is a great big world out there, we don't want it all for ourselves. And my mother, the work that she has done, will go down in history. We can share it. A ray of hope for everyone. This verdict is not only justice for her but for some of the singers...so everybody who has worked with her will feel good about this because she is a fair woman. When you look at it, 34 years in the making, because this was sold to her from 1975, and she finally get justice in 2009. I just want them to recognise that Mrs Pottinger is the rightful owner and whoever have been getting royalty from Treasure Isle Music will have to stop."
Sharon Pottinger also warned of more great things to come. "The company that I'm dealing with in California, Notable Music and also Measurable Music, Damion Booth, he has been acting on my behalf and I've already told him we can put somethings in place for some of these artistes once everything is done....sure, these guys did a lot back in the day and I think a lot of people took advantage of them, y'know, just because they were poor and trying to make a living. And it's not fair. My mother is the owner of many labels, not just Treasure Isle. She has several labels on her own personal catalogue. My mother's catalogue has Highnote, Gayfeet and Glory music.....and my father Lyndon Pottinger was also apart of my mother's catalogue, so it's big. It's a very expansive catalogue," she declared.
By Basil Walters Observer staff reporter
Friday, October 30, 2009
It has now been made legally official that Sonia Pottinger is the rightful owner of the Treasure Isle's recording catalogue, previously owned by its late founder, the legendary record producer Duke Reid.
The landmark ruling was handed down in chamber at the Supreme Court in Kingston last Wednesday. The Jamaica Recording and Publishing Studio Limited (the famed Studio One founded and operated by the late Clement 'Sir Coxsone' Dodd, ace rival to Duke Reid) was first defendant. Second defendant was Anthony Reid, son of Duke Reid, Treasure Isle Records International Limited (the company started by Duke Reid's son) was third defendant and Edward 'Bunny' Lee fourth defendant.
"As of September 1975, Sonia Pottinger was and remains the legal and beneficial owner of master recordings, music publishing rights, all copyrights and related rights as well as the exclusive rights to administer, manufacture, release, distribute and license all publishing rights and master recordings owned by Arthur Stanley 'Duke' Reid," Justice E Brown stated in his written judgement dated Wednesday, October 21, 2009. Attorney-at-law Michael Hylton represented the claimant. None of the defendants were present or represented, Splash understands.
Speaking off the record, a source close to case told Splash: "Four months ago each defendant was summoned to court, but no one came, no one responded to the court order, because they would have to show proof why should they be considered part owner or full owner. So when the judge looked at all this and take it into consideration. None of the defendants showed up...nobody represents them."
It has been alleged that several people throughout Jamaica and the world - as far as France and California - have claimed that the expansive music catalogue belongs to them as they bought from Mrs Reid following the death of her husband. She is now deceased. And the argument that the Treasure Isle catalogue was sold to the claimant in 1975, prevailed.
This was after Sharon Pottinger decided to relentlessly take on the issue on behalf of her mother, even though there were folks who tried to talk her out of it. "A lot of people wanted me to hold back from going this far, and I said absolutely, no way. I'm standing up for what is right and what is just. We need to get justice and we need to get this thing finalised. My mother needs it and God sees and knows, she got what is hers," the fearless daughter said.
With this determination, she started proceedings about four years ago in Miami, Florida where she is based, but the court there said that the matter was out of its jurisdiction so it could not make a ruling on it.
"We decided to start proceedings out here, so we brought the case here," explained Sharon Pottinger. Added she: "There are royalties throughout the world that have been held in escrow. That's so wrong...I know my mother is a person who is very fair and she helped a lot of those artistes in a lot of ways. Some of these companies came here and took advantage of her."
The first female Jamaican record producer, Sonia Pottinger O D, opened her Tip Top record shop in 1965 and started producing artistes from the following year until the mid 1980s.
The widow of Lyndon Pottinger (himself a record producer), just a month ago secured an Internet distribution deal with the US-based Independent Online Distribution Alliance (IODA). And the daughter of the grand dame of Jamaican music who was honoured in February of this year at the Excellence in Music and Entertainment Awards, (EME) sees the present court ruling as a ray of hope.
"As I have always said, there is a great big world out there, we don't want it all for ourselves. And my mother, the work that she has done, will go down in history. We can share it. A ray of hope for everyone. This verdict is not only justice for her but for some of the singers...so everybody who has worked with her will feel good about this because she is a fair woman. When you look at it, 34 years in the making, because this was sold to her from 1975, and she finally get justice in 2009. I just want them to recognise that Mrs Pottinger is the rightful owner and whoever have been getting royalty from Treasure Isle Music will have to stop."
Sharon Pottinger also warned of more great things to come. "The company that I'm dealing with in California, Notable Music and also Measurable Music, Damion Booth, he has been acting on my behalf and I've already told him we can put somethings in place for some of these artistes once everything is done....sure, these guys did a lot back in the day and I think a lot of people took advantage of them, y'know, just because they were poor and trying to make a living. And it's not fair. My mother is the owner of many labels, not just Treasure Isle. She has several labels on her own personal catalogue. My mother's catalogue has Highnote, Gayfeet and Glory music.....and my father Lyndon Pottinger was also apart of my mother's catalogue, so it's big. It's a very expansive catalogue," she declared.