The Mudcat Café TM
Thread #47144   Message #762709
Posted By: Nerd
09-Aug-02 - 03:10 PM
Thread Name: 'Celtic Music/Dave Bulmer' saga: Part 3
Subject: RE: 'Celtic Music/Dave Bulmer' saga: Part 3
I should say that we aren't really dealing with crap packaging, paste-on labels and such. Sellers as well as buyers could well mistake these CDRs for real CDs, because they're pretty well packaged, which is the point. It's not super, top-of-the-line packaging, but then neither were the orignal LPs. I don't think the "derogation" argument would work on those grounds.

But I do think that what our GUEST is suggesting, ie that no solicitor would take the case because they can't win it, is wrong. (Well, it's obviously wrong because Pat Cooksey's solicitor has taken the case!) Many solicitors would advise against a suit because in the event that you win, there is a danger that Bulmer will dissolve the old company or transfer the assets in question to a new one. He has done so before, which accounts for the Celtic Music, CM distribution, Leader, Trailer, and other labels he's released his CDs on.

What he is doing as regards non-payment of royalties is clearly illegal, AND immoral, but it remains to be seen how enforceable the laws are given the loopholes in the system. I hope Pat Cooksey's case shows that such a case CAN be won, and can be enforced.