Doddsy wrote:My guess is that Zombie Nations publishers are suspending any royalties owed to them as its their most successful track until this is sorted out which is why they are so keen on owning it.
I think David's got a good case though, in that his version was done first on a C64 commercial game and although the software company no longer exists its still not PD as copyright lasts for 50years in the UK. Also it can be proved that Zombie Nation had access to his work for them to copy it. The only problem I can see is that several Lazy Jones tunes are borrowed from well known records and this could work against him as the soundtrack is not 100% original.
The court might favor Zombie Nation by granting them a separate copyright license as in the KWS case for their version of Please don't go.
Keep us informed Chris. This case is important to the c64remix community and its also a case of early Game Soundtracks V Commercial Records.
Well, Florian S. lays claim to the publishing rights to Kernkraft 400, so effectively we're taking action against both the artist and the publisher. And GEMA suspended his royalties a while back until this is sorted out. The software company Terminal didn't go bankrupt but just wound up, which meant the copyright reverted to Dave 100%. I signed the publishing rights in 2002. The covers in the game (and you're right that ZN's lawyers tried to claim that because the game contained covers that none of the other music was) were all iconic pieces and paid for appropriately at the time to the copyright agencies. The lawyer will be fairly easily able to dispose of that argument now.
In terms of other arguments about the case, I don't think the lawyers are arguing that there was no contract with Zombie Nation: the argument is that the licence allowed them to release that single, and that's it: not any publishing rights, and certainly not authorship rights.
The case at the moment is asking for a declaration from the court that Lazy Jones Stardust is David Whittaker's property. Once that's granted, then Dave (and thus me) will be able to exercise the right to create covers without fear. Second, a case will probably be opened against Florian S. for damages and royalties due on Kernkraft 400.
Our lawyer is one of the finest music lawyers in Germany, so I'm hopeful that he'll continue being masterful
Tomorrow is the day when there's the initial clash when both sides put their sides: at the end of that initial skirmish, each side will decide which areas are the main areas of concern for them (based on the other side's rantings and the judge's initial comments, I guess), and which witnesses to call to best confirm their case.
Then the case will be adjourned until maybe May/June, when the witnesses will take the stand.
Chris
