Jamaican roots reggae musician Max Romeo known for chart success in Jamaica and the U.K. has broken his silence on a US$15 Million lawsuit filed against Universal Music Group for royalties owed to him for almost 50 years as he watched his music being exploited in movies and pop culture without compensation.
The ‘Let The Power Fall’ singer took to Instagram to release a full statement on the suit against the major label which now owns Polygram, the company that bought his catalogue as part of a US$300 million sale of Island Records in the 1989 from Chris Blackwell.
Blackwell himself pocketed $80 million according to his Memoir: ‘The Islander’, and paid other shareholders like U2 who was given a piece of the company in a deal before the sale due to royalties owed.
Romeo, real name Maxwell Livingston Smith was not as lucky as U2 however, because he said up to now he is unable to collect Royalties on recording and compositions dating back to 1976. “After 47 years, I have exhausted every resource available to me to get this matter rectified. I had to sit on the side as my most eminent piece of work was exploited without proper compensation. I have seen and heard my music and voice being used in numerous commercial ventures and have only reaped from the opportunity to perform these songs for my fans live in concert,” he said.
Smith is the lone plaintiff in the suit related to an original contract signed between, Lee ‘Scratch’ Perry, Island Records and himself with a promise that Island Records and Island Music would pay 25% from music income and 50% from publishing earned as songwriter songwriting. With Perry now deceased, he said he has decided to speak up for himself and for the generations after him.
“At 78 years old, I cannot enter this new phase of my life being docile and silent, I have to speak up, I have to fight for what is rightfully mine with whatever strength left in me. I have to do this for the new generation to come, to raise awareness as I am often addressed as a “legend” or a “veteran” , a title I take with great pride. This matter is now in the hands of the court and I will not be commenting on it any further,” he explained.
Max Romeo achieved fame as a solo artist with controversial songs like “Wet Dream” in 1968 released via Trojan U.K. with explicit lyrics that introduced a new style of reggae to the world. Trojan U.K.’s catalog which includes early hits from Bob Marley, Toots & The Maytals, Jimmy Cliff, Horace Andy and more is now owned by BMG.
In April this year Andy proclaimed in his acceptance speech at the Jaria Awards that he has not been paid in 40 years by the neither Trojan Records U.K. nor BMG.
Throughout Max’s career, he released various albums, including “War Ina Babylon” in 1976, the subject of the lawsuit, considered his best work, featuring the hit “Chase the Devil.” Max Romeo’s career included collaborations with producers like Lee “Scratch” Perry and Keith Richards of The Rolling Stones.
“Chase The Devil” a song which Max recorded with Lee Perry, Max says he has not been paid since 1976, but it was sampled on Jay-Z‘s ‘Lucifer’ from The Billboard No. 1 album “The Black Album”(2003). On the Kanye West Produced song Romeo’s line “I’m gonna chase you out of Earth” can be heard on the hook, a fact he pointed out in the suit, describing the immense popularity of his music in the Pop and Hip Hop world.
He further stated on Instagram, “Lee Scratch Perry was a genius and I am eternally grateful for the work he has put into making this project what it was – we worked together to create a genre defining body of work that has transcended generations. I have the utmost respect for him, hence I must clarify that he had absolutely nothing to do with this lawsuit and the abuse I have received from Island Records.”
He admits that his situation is not unique and reflects on those who had promised to take reggae to the world and as soon as the music reached global recognition the artists of the era were disregarded.
“Many Jamaican singers and songwriters have faced the same injustice I have from the people who promised to take our music across barriers, and as soon as the music gets there, we are pushed to the side and disregarded,” he said
Section 203, also known as the “35-year law,” empowers artists to terminate grants of rights in post-1977 sound recordings and musical compositions after 35 years of publication. This provision has been utilized by numerous artists to reclaim their works from record contracts and publishing agreements such as Paul McCartney’s ongoing efforts to terminate Sony’s rights in 50% of Beatles song catalog..
Additonally, Section 304(c) of the Copyright Act covers musical compositions registered prior to 1978, allowing artists to reclaim their copyrights 56 years after the date of copyright. This provision has the potential to impact iconic songs from the 1960s such as Max Romeo’s recordings for Island Records is they are not deemed “Work for hire.”
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This article has been updated to add Section 203 and Section 304 of the United States Copuright laws to give greater context.