“I just want what is legally mine.”
That was the declaration by two-time Grammy Award nominee Etana, in confirming to DancehallMag that she has filed a groundbreaking lawsuit against VP Records, in the Supreme Court in the State of New York over artist royalties, mechanical royalties, public performance royalties, and other monies allegedly due to her.
Hub Radio broke the news that Etana, whose real name is Shauna Mckenzie Morris, and Freemind Music LLC, had filed the lawsuit in the Supreme Court of New York against VP and a slew of its subsidiaries: “VP Records Retail Outlet Inc, VP Music Group Inc, VP Records Distributors LLC, VP Records of Brooklyn LLC, Greensleeves Publishing Ltd and STB Music Inc”.
Etana, who is the first female to receive two Reggae Grammy nominations, told DancehallMag today that she could not elaborate much on the matter, but claimed that VP had failed to resolve the contentious issues for a very long time.
“Yes there is a lawsuit filed by myself and Freemind Music against VP and it’s in effort to resolve long standing issues that were disregarded and ignored by the company and their affiliates for a very long time,” Etana explained.
“In the height of the pandemic in my reflection and reorganization, I discovered a lot of things and had much time to revisit some unanswered questions. It goes so deep it would take much to explain and I am not sure going into detail is the best thing to do at this moment. I would have to seek advise from my attorneys… I have not received any response from the company as yet but their response will go to the court or to my attorneys first,” she added.
The suit filed by Etana’s attorneys Miami Entertainment Law Group, among other things, states as follows:
“This action has arisen because defendants have fraudulently concealed their true use and disposition of plaintiff’s masters, albums, compositions and or recordings and have either failed to render proper accounting statements regarding the plaintiff’s royalties or intentionally rendered dishonest and grossly deficient accounting statements all in an effort to pocket millions of dollars of plaintiff’s royalties.”
“In doing so, defendants have shown an utter disregard for their contractual obligations and have flagrantly abused the more than a decade relationship of trust and confidence placed in them by plaintiffs”.
VP Records told DancehallMag on Wednesday that it would not comment on an ongoing legal matter. “We have received the complaint and will not comment on pending litigation,” the company stated.
VP describes Etana on its official website as “one of a new wave of Jamaican women to rise in the ranks of reggae and dancehall since the mid-2000s”.
“Her breakout single “Wrong Address” in 2005 helped anchor her debut album The Strong One, which VP released in 2008. The album also included what would become her biggest hit to date, “I Am Not Afraid.” Three more albums would follow on VP, Free Expressions, Better Tomorrow, and I Rise. Her independently released Reggae Forever was nominated for the Grammy Award for Best Reggae Album of 2018. Her hit combination track with Alborosie, “Blessing,” was included on VP’s 40th anniversary box set compilation, Down In Jamaica,” it notes.
Etana’s relationship with VP Records goes back to almost 15 years, as noted in the lawsuit which also states that:
“From 2007 up, and through 2014 McKenzie in her individual capacity, entered into a series of contracts with the defendants wherein plaintiffs granted the defendants rights to exploit, and or administer McKenzie’s written music, her recording services and her image, name and likeness on and in connection with her musical compositions, albums and sound recordings collectively. Collectively the asters, album compositions including but not limited to The Strong One, Free Expressions, Better Tomorrow and I Rise.”
“Despite all the commercial success enjoyed by McKenzie, to date the defendants have not provided a formal accounting and they have not properly paid plaintiffs the royalties and the other income due to the plaintiffs under their agreements including but not limited to artiste royalties, mechanical royalties, public performance royalties, profits from the sale of merchandise and for any licensing fees.”
In the aftermath of her new lawsuit, Etana has issued some words of caution to other artists.
“Other artiste, especially those coming up, they see and know what other artiste have been through or are still going through they just have to know the music is valuable. Most of these people in the business of music are not your friends. They are doing business,” she warned.
In the meantime, Etana says that she intends to release other albums and new music soon, and will be performing throughout the US and Europe.
“I’m so ready for it. Covid has caused quite a stir in every way but it also gave me much opportunity as well and I’m grateful for all the experiences,” she told DancehallMag.
Etana was nominated for Best Reggae Album with her eighth studio album, Pamoja at the 64th Annual Grammy Awards.
As it relates to winning, Etana was diplomatic in her response, outlining that her two nominations over the years are indications that indie artists were deemed worthy.
“It’s already so incredible to be an independent artiste being nominated. I know from my two nominations that hard work, quality work does get recognized and that it is possible for an independent female artiste to win and that other independent artiste can be nominated and can win a Grammy.”
