The Mudcat Café TM
Thread #36086   Message #496383
Posted By: GUEST
02-Jul-01 - 04:22 AM
Thread Name: Origins/Author: Dark Island
Subject: RE: Lyr Req: Dark Islan//d
I've been trying to avoid getting dragged into debates about quality of lyrics etc. The whole subject is very painful to my family as my father was very systematically ripped off by various parties when it became apparent that his lyrics and arrangement were proving popular.

Points to note. There were no other words to the tune before my father's were written. David Silver wrote a set of lyrics in response to my father's appearing first - and has been paid and very usually credited for both lyrical versions.

It was written as a Scottish song, for his use in bandwork. It was a highland song, written by a highlander in that style, back in 1963 - without any thought of it escaping to foreign territories (England and Ireland). It was his first attempt at songwriting and not high art.

The tune had been played on the Scottish music circuit before being formally copyrighted and had earlier titles including Dr. Mackay's Farewell to Creagorry and Dr. Mcinnes's Farewell to South Uist.

Then words were copyrighted separately to the music. There was no knowledge of any copyright in the music - and no computerised registration system to cross-reference. Stewart Ross was not a direct member of organisations until later. He left checking the tune copyright in the hands of his publisher, who had assured him of the trad story and who registered the lyrics with the PRS. They were the first ever to be registered (one month before Silver's). When it became clear that the tune's traditional origins were being disputed, it was agreed to withdraw it as long as the words would not be used again.

This agreement was broken and the publishers and Silver exploited both versions under the one registration as it had become very popular and considerable record sales, performance and TV fees were made - and paid out to the other parties.

When put under pressure by newspaper stories, the publishers agreed to send a contract - so that the music and words could be united. They went back on this agreement.

After more pressure when my father won a legal case they issued a contract, which should have united words and music officially. They breached the agreement, but obtained the right of payment. The right to be identified as author is still there - but very difficult to establish.

The MCPS need the publishers to fill in a form so that they can unite the words and music on their registration system. David Silver refuses to allow the forms to be filled in. He is understandably and rightly proud of his own version. He still is getting payment from both versions. The late Ian Maclachlan who was something of a fall guy in all this, was never actually involved in the dispute. The contract we have with Westminster Music states Silver to be the party responsible for copyright in both writing music arrangement and words of his version. Silver may well have bought out Maclachlan's share. Either that or something peculiar has gone on with the publisher's own contract drawing dept.

The performing rights were never transferred, and remain registered to Stewart Ross, but cannot be paid out until another agreement is reached over the music. They will not do so - as the PRS/MCPS have a clause which states that there is a minimum writers share on the work if they fill in the forms. So why bother? The words still constitute a separate legal copyright work and should be morally acknowledged under 1988 statutes as it is an asserted historical fact they were written by my father - and registered by PRS though inactive in their payment system. Due to the music problem. The costs in all parties going to the high court are far too great. And so it's all a mess.