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Andy Rourke RIP

That's weird though because the court ruled that everyone got a 25% split . . . so who got the other 15%?
If you log onto PRS the automatic default without legal documentation/agreement is an equal split. Anyone can go in and adjust it. All their names would be on the claim and the legal rulling was 25% each. That was the only official legal doc. You would have to actually specify that someone else got the 15%, but that would be illegal. . . . also, with PRS if someone has been illegally claiming more than they should, or something they should not have been claiming. . payments are frozen and redistributed historically. I had this when some cunt put his name and claimed for my music. They automatically switched it back to me, gave me all the back pay and took the money out of the other guys account.

Of course I am sure this was sorted out one way or another, I am just curious. . .
I'm not sure how it worked out over the other 15%, but I do know Rourke also accepted a cash payment as part of his settlement.
 
I'm not sure how it worked out over the other 15%, but I do know Rourke also accepted a cash payment as part of his settlement.
Yes I am aware of that. £85,000 I think. That was to settle for the 10% they said he was owed and not pursue the case . . . but the case was pursued (by someone else) and it was found he was owed 25%. All PRS accounts would have had to have been set to 25% for all four members. I can't see how he couldn't have . . not only got his 25% from then on, but also not the back pay. The only thing I can think of is that there was something in the settlement that covered anything from the future and the 15% was legally divided between Moz and Marr.

As I said, just curious. I can't find any mention of how it finally played out for Rourke.
 
Yes I am aware of that. £85,000 I think. That was to settle for the 10% they said he was owed and not pursue the case . . . but the case was pursued (by someone else) and it was found he was owed 25%. All PRS accounts would have had to have been set to 25% for all four members. I can't see how he couldn't have . . not only got his 25% from then on, but also not the back pay. The only thing I can think of is that there was something in the settlement that covered anything from the future and the 15% was legally divided between Moz and Marr.

As I said, just curious. I can't find any mention of how it finally played out for Rourke.
Yeah, similarly, I can't find anything that explains how the percentages were readjusted (or not) after either Rourke's settlement or Joyce's court victory. From what I read through, Rourke settled at the point where he was broke and quite probably did himself out of a bigger payment later. Throws up that almost philosophical question of who gets/deserves what in a band. I tend towards some kind of tongue in cheek workerist 'who puts the most hours in' approach (which, I'll admit, doesn't take account of the the creative spark usually valued by the music industry).

On that kind of reading, Marr and Stephen Street probably put the most hours in. From what I remember, it was quite hard to pin Morrissey down as to when he would show up in the studio, but when he did he's do it in a couple of takes and then depart. Street and Marr would then pull an all nighter of over dubs. Anyway, I digress. Andy Rourke was a very fine musician.
 
I don't think the judge did find that the split must be split legally. That wasn't what he was ultimately asked to do. He simply granted Joyce the 25% (which was taken from royalties, once Mozza didn't pay it).

The original judgement isn't online tho, only the appeal.
 
Not the person from the smiths I would have wanted to die so young.

Nit that I actually wish it on anyone.


But if a ton ton truck slammed into one of them...
 
I don't think the judge did find that the split must be split legally. That wasn't what he was ultimately asked to do. He simply granted Joyce the 25% (which was taken from royalties, once Mozza didn't pay it).

The original judgement isn't online tho, only the appeal.
He found that there was no legal doc or contract that stated that moz and marr should get 40% and the other two 10%. When there is no contract the PRS split is equal between all four so 25%. The judge didn't grant Joyce 25% he just stated that 25% was what he was owed because there was no legal document to say otherwise. If this was found to be the case then the same would apply to Rourke automatically.
You can change the percentages on-line yourself but it can be contested . . . which could ultimately lead to a court case as a very final conclusion. The court found no document to make the split anything other than into quarters and you can't have a missing percentage.

However. . . I assume there is far more to this case as the default is for the lyric writers to get 50% and the music writers 50%. So Moz would get 50% (assuming no one else ever had a hand in lyric writing) and the other 50% was split between the other three. However (again) . . . . playing on a song is not necessarily writing it, even if you came up with the bass line. So it depends how the Smiths songs were written.

Unless this case was about mechanicals (MCPS), for the actual performances on the recordings, in which case it would have been very naughty indeed to take 40% and leave the others 10.
 
Unless this case was about mechanicals (MCPS), for the actual performances on the recordings, in which case it would have been very naughty indeed to take 40% and leave the others 10.
Yes, the court case was about the share of money for turning up to the studio. It didn't touch on songwriting royalties.
 
It's something to find a musician who is able to put genuine character into the sound produced by a stringed instrument. Something else again to find two in the same band.
 
Yes, the court case was about the share of money for turning up to the studio. It didn't touch on songwriting royalties.
Really? How very odd. Mechanicals are usually even more cut and dried. . . . And much much much less money than writing royalties.
 
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