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Writer wins copyright case against Marley estate, Studio One
By Steven Jackson
Friday, December 12, 2008
A landmark ruling yesterday transferred the lyrical copyright of the song Hooligans from Bob Marley and Studio One to Shirley Maynier Burke - the mother of politician Paul Burke, who took on two of the biggest names in Reggae and won.
"It sets a precedence for a lot of writers whose songs were simply taken away from them," Burke told Splash about the Ska song, written in the '60s, sung by Marley and recorded by JamRec, a company affiliated with Studio One.
"Burke was credited with the original recording but subsequently other claims intervened," Dianne Daley of Foga Daley & Co, which represented Burke, explained. "...And so we feel [that today] is definitely a victory."
Other lawyers included Michelle Champagne and Analisa Chapman. Burke can now claim royalties from 2002 continuing for 50 years after her death.
"It doesn't come with much money because we could only get for the last six years. And I don't know if there is any other avenue for claims," Burke said.
Studio One and Burke's legal team were in the Supreme Court's chambers yesterday; the Marley estate was not contesting. Daley said that the ruling was done "by consent" which means there was an agreement between the parties.
"I have nothing to say, it is a private matter and it was done in chambers," said wife of Clement 'Coxonne' Dodd when contacted via telephone.
Burke has the option of claiming royalties in England, the US and Japan where the song is more popular. Burke asserted that she never sought legal action before due to family and work constraints. "I heard it on the radio but it was a nine-day wonder. I had five children and was writing for The Gleaner. I was terribly busy," she said.
Yesterday's ruling had its genesis in the aisles of a supermarket in 1996, when a family friend asked her about a record in his collection with her initials. "Oh no, it's getting a lot of air-play in England," he told her. Burke contacted the estates of Marley and Dodd but "got no reply" and gathered a legal team.
Memorable lines in the song include:
"Don't bray like a donkey if you really man."
Marley sings:
Hooligans, hooligans make up your minds
hooligans, hooligans this is the time
hooligans, hooligans make up your minds
ohh mother been weeping
ohh father been preaching
"Somewhere in the '60s there was a rude boy phenomena and I was then a member of the Jamaica Federation of Women and they wanted me to do a television discussion on the subject," siad Burke.
"But I told them that they were preaching to the converted. We really needed to get a voice that the masses would hear, so I said 'why don't I write a song for Marley and the Wailers'. They didn't all approve. Anyhow, I wrote the lyrics, took it to Steven Dodd. The song was recorded, I got six copies of the record...," recalled Burke.
Shirley Burke is an award-winning journalist and artist. Her husband was Keith Burke former president of the Bar Association. Her two sons are well known: Paul is a member of the People's National Party and also a businessman, while Michael is an Observer columnist and radio commentator.
By Steven Jackson
Friday, December 12, 2008
A landmark ruling yesterday transferred the lyrical copyright of the song Hooligans from Bob Marley and Studio One to Shirley Maynier Burke - the mother of politician Paul Burke, who took on two of the biggest names in Reggae and won.
"It sets a precedence for a lot of writers whose songs were simply taken away from them," Burke told Splash about the Ska song, written in the '60s, sung by Marley and recorded by JamRec, a company affiliated with Studio One.
"Burke was credited with the original recording but subsequently other claims intervened," Dianne Daley of Foga Daley & Co, which represented Burke, explained. "...And so we feel [that today] is definitely a victory."
Other lawyers included Michelle Champagne and Analisa Chapman. Burke can now claim royalties from 2002 continuing for 50 years after her death.
"It doesn't come with much money because we could only get for the last six years. And I don't know if there is any other avenue for claims," Burke said.
Studio One and Burke's legal team were in the Supreme Court's chambers yesterday; the Marley estate was not contesting. Daley said that the ruling was done "by consent" which means there was an agreement between the parties.
"I have nothing to say, it is a private matter and it was done in chambers," said wife of Clement 'Coxonne' Dodd when contacted via telephone.
Burke has the option of claiming royalties in England, the US and Japan where the song is more popular. Burke asserted that she never sought legal action before due to family and work constraints. "I heard it on the radio but it was a nine-day wonder. I had five children and was writing for The Gleaner. I was terribly busy," she said.
Yesterday's ruling had its genesis in the aisles of a supermarket in 1996, when a family friend asked her about a record in his collection with her initials. "Oh no, it's getting a lot of air-play in England," he told her. Burke contacted the estates of Marley and Dodd but "got no reply" and gathered a legal team.
Memorable lines in the song include:
"Don't bray like a donkey if you really man."
Marley sings:
Hooligans, hooligans make up your minds
hooligans, hooligans this is the time
hooligans, hooligans make up your minds
ohh mother been weeping
ohh father been preaching
"Somewhere in the '60s there was a rude boy phenomena and I was then a member of the Jamaica Federation of Women and they wanted me to do a television discussion on the subject," siad Burke.
"But I told them that they were preaching to the converted. We really needed to get a voice that the masses would hear, so I said 'why don't I write a song for Marley and the Wailers'. They didn't all approve. Anyhow, I wrote the lyrics, took it to Steven Dodd. The song was recorded, I got six copies of the record...," recalled Burke.
Shirley Burke is an award-winning journalist and artist. Her husband was Keith Burke former president of the Bar Association. Her two sons are well known: Paul is a member of the People's National Party and also a businessman, while Michael is an Observer columnist and radio commentator.