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COMMENT(S): The Documents
Published: January 01, 2008
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| Duncan should be commended for his composure, class and professionalism in this matter.
The same cannot be said for the RSPBA representatives. Ian Embleton's letter does not speak to the point that Duncan was making, and is obviously not based on proper legal advice. Furthermore, as I have mentioned before, I am quite certain that the RSPBA does not go to the lengths that Mr. Embleton suggests to obtain composer information - as composer's names have been left off the album even when the composer is a member of the band that played their piece of music. If, as Mr. Embleton suggests, the RSPBA receives information on tune names/composers from the Band who plays them, why would a band leave one of its members names off a tune that they composed? I would hazzard to guess the answer is, they wouldn't. I am not going to go so far as to call Mr. Embleton a liar, but perhaps he is mistaken as to the degree to which the RSPBA ensures accuracy in this regard?
As for George Ussher, it is my belief that he should be immediately relieved of his duties. He has no right to threaten anyone. While I commend Duncan for taking the 'high ground,' I would suspect that his 'apology' letter was meant more to smooth the waters and ensure his band was not suspended, than it was to apologize to members of an organization who are behaving like spoilt children. I do not believe Duncan should have been placed in a position to have to write that letter.
The RSPBA's unwillingness to deal with this issue, coupled with their ardent defensiveness tells the real story here. They are aware, and were probably aware before Duncan's letter that they were in this position. However, when you have the clout to suspend individuals and their bands, it makes it very challenging to stand up to them. |
Published: January 01, 2008
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| It occurs to me that there must be many others—like Duncan—who have both an interest in the pipe band side of things, and a knowledge of the law related to this issue. What are your thoughts regarding the best way ahead?
Speaking as one who appears on these recordings, I would have to say that I have no interest in claiming a financial share, or anything like it. I would, however, like to see the rights of performer individuals and bands acknowledged.
The RSPBA was well down the road before this ever became an issue, and so were all the players, retailers, wholesalers, and recording companies.
The only question now is: Where do we go from here?
Duncan—and the many influential musicians whose input helped shape his correspondence—have put forward some sensible, realistic suggestions.
I would love to see the RSPBA embrace the future, and take us all at our word: we support the goals and the work of the RSPBA, and we all want the best result for them, as well as for the players and bands whose rights and contributions cannot go unacknowledged. | |
