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JMJ is engaged in a major lawsuit because of a lie...


Post Posted Tue Feb 12, 2008 1:53 pm
CLUBMIX
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Location: Winterthur, Switzerland

why shouldn't it be? MOS has "bought" the rights (or something) to spread 2.6M copies through their newspapers. So to speak, Jarre has sold 2.6M copies of "Oxygène New Master Recording" in just a weekend.

BUT: the earlier "Oxygène" and the "Oxygène New Master Recording" might not have to be mixed up according to sales and should be looked at separately methinx
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Post Posted Tue Feb 12, 2008 3:22 pm
GlennFolkvord


Posts: 121

Antigoon wrote:Is it just me or is everybody here ignoring the fact Dreyfus IS mentioned on the CD as owners of the work....
Drefus is listed as co-publisher, along with JMJ. We have to keep music publishing and other rights separate in this discussion. A music publisher does not "own the music":

A) A publisher is assigned exploitation rights to compositions (not recordings).
B) A record label is assigned release rights to recordings (not compositions).

Both these two different rights are "sold" by the artist to A) a publisher (FDM), and B) a record label, Disques Dreyfus (DD). As new compositions are not made under the old FDM contract, they are published by Jarre alone, as you can see on Teo & Tea and the new tracks on the Aero album and Gdansk DVD. This is part of the reason Jarre now has his own company, AeroProd, which is not only a management, but effectively also a record label and publisher in one organisation.

We can clearly see the pattern of how the rights are assigned: Jarre is free to re-record and perform live his own compositions, as he has done and keeps doing without Dreyfus (publisher or record label divisions) interfering. Evidence: the Aero album and the concerts. FDM is still the publisher for these compositions, but as they are new recordings, they do not belong to the master tapes that DD owns rights to. On the other hand, DD can re-release the original albums because they bought the master tape rights from JMJ. Evidence: the Re-Oxygene set, Essential 2004 and various other re-issues.

In short, when it comes to the old music, DD has the master tape exploitation rights, and JMJ along with FDM has the composition exploitation rights. For the new music, Jarre alone seem to have the compisition rights, and we can only guess that he is safeguarding his master tape rights better now than before, since he as AeroProd to look after his interests.

Another thing is that if DD re-issues the old albums, Jarre is still paid royalties from the sales or from licencing to movies, etc. And it works the other way around too; FDM probably receives some standard fees for JMJ's use of the old compositions. So this is not where the current conflict lies.

Another aspect of this is that until FDM/DD and JMJ solves their problems, we will never see a new round of official remasters of the Dreyfus-era albums sanctioned by JMJ himself, as Jarre probably will not agree to be involved as long as they keep fighting. There might be remasters that technically are legal, as they are legally and properly released by DD under licence to whatever company they choose, but Jarre will not be involved until they solve their problems. This is a pity because if the Sony remasters are out of print, JMJ's back catalogue will not be available to a large extent, at least until DD decides to re-release "unsanctioned" albums. The New Oxygene Master Recording is an example of this. Would Jarre have made a "new recording" that is 99% identical if he had master tape control today?
Post Posted Tue Feb 12, 2008 3:29 pm
Elisabeth


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Glennda :pwned: ..how can you know all these things! :P :punch:
Post Posted Tue Feb 12, 2008 3:37 pm
GlennFolkvord


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Bubbling with joy;P wrote:Glennda..how can you know all these things! :P :punch:
Turido, running a record label with 20-something albums helps. It's part of my job to look after a small record label, you know.
Post Posted Tue Feb 12, 2008 3:40 pm
Elisabeth


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:wink:
Post Posted Tue Feb 12, 2008 8:35 pm
Equinoxe


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I'm beginning to think all this Lawsuit talk is simply a Publicity stunt!!.
Post Posted Wed Feb 13, 2008 11:24 am
CLUBMIX
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...well, even the best stunt people can have accidents. If this really was a publicity stunt, it is **VEEEERRYYYY** dangerous, I tellya
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Post Posted Fri Feb 15, 2008 12:44 pm
Analog-Umph


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Well if Jarre needs the money he can always go into cooking and sell a couple of cooking manuals. :wink:

Synth Recepies and such. I've no doubt that'd sell better than any album any artist has sold for years.

Just about every aspiring EM bedroom musician and all the way to the top of the pyramid in the EM industry would buy them. He'd be able to pull an Eric Persing, easy! Millions before you can turn around and arrange an extended holiday in Hawaii.
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Post Posted Wed Feb 20, 2008 9:08 am
Andy


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Robi wrote:Maybe Michel Geiss fired Francis Dreyfus against JMJ... ?
No, I don't think so... I've spoken to him several weeks ago and he seems to be a very kind and decent person who would never do such a thing... okay, it was a phone call, but however - I don't believe it!
Post Posted Thu Feb 21, 2008 5:19 pm
DJoA


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It's all about the money :whistle
Listen to the music spin,
around the planet and lets, come together...

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Post Posted Thu Feb 21, 2008 6:03 pm
Andy


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DJoA wrote:It's all about the money :whistle
Yes, that's absolutely right... in music biz it is always about money - sad, but true!
Post Posted Sun Mar 09, 2008 12:40 pm
radek tymecki


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EMI faces Oxygene battle
17:48 | Friday March 7, 2008

By Ben Cardew

EMI is facing a legal battle over its recent Jean Michel Jarre covermount promotion with the Mail On Sunday.

The label signed a deal in January to give away a re-recording of Jean Michel Jarre’s classic album Oxygene with the paper to tie-in with Jarre’s 30th anniversary tour of the album.

On the CD it claims to be an “original score re-recorded and mixed by Jean Michel Jarre”, published by Jean Michel Jarre and Francis Dreyfus Music.

By re-recording the album, Jarre would be free to sign a deal with EMI for the new recording.

However, Dreyfus, who claims to own the rights to the original Oxygene, having signed Jarre to his Disques Motors, alleges that the album given away with the Mail On Sunday is merely a re-mastered version of the original Oxygene and is to launch a case alleging infringement of rights by EMI / the Mail On Sunday.

Web Sheriff managing director John Giacobbi, whose company is representing Drefyus in the matter, says that EMI and the Mail On Sunday have been placed on notice pending a further musicologist’s report.

However, he explains that he already has two reports that support his case. “Our client’s position, which has now been reinforced by both the technical report and musicologist report, is that the 2007 version of Oxygene is simply a digital re-mastering of the original 1970s multi-track masters.”

These reports, he explains, indicate that defects on the original album which resulted from the recording process re-appear on the new version of the album.

The suit will seek an injunction similar to that in the recent Experience Hendrix / Sunday Times case. In that, Experience Hendrix won a case against the newspaper after it gave away a free covermount CD of The Jimi Hendrix Experience's performance at the Royal Albert Hall in February 1969.


Eversheds, which represented Experience Hendrix originally tried to injunct the paper to stop the giveaway on the grounds of copyright infringement.

However, the Sunday Times claimed to be covered by a license agreement with Charly Records and went ahead with the promotion. The case eventually came to the High Court, which found in favour of Experience Hendrix / Eversheds, ruling that it owned the rights in this recording.

Experience Hendrix was awarded an injunction, which prevents the Sunday Times from furthering profiting from the recording and costs, with damages to be awarded at a later date.

Giacobbi says that he thinks damages in this case could run into the millions of pounds, given that the Mail On Sunday distributed around 2m copies of the album and EMI has also issued it internationally.

Giacobbi says that he believes EMI and the Mail On Sunday acted in good faith on the promotion. But he adds, “In hindsight it would have been wise for them to check the provenance of these recordings.”

In a statement EMI says, "We are very confident that Jean Michel Jarre's 30th Anniversary recording of Oxygene is an entirely new recording. A leading independent expert has also confirmed this. We will vigorously contest any claims to the contrary."

Mail On Sunday managing director Stephen Miron says, “From our perspective, we purchased the album through EMI, a well-established company.”

“We view this as tenuous and laughable,” he adds. “There are claims often when we do covermounts.”
the battle begins :smoke:
“Our client’s position, which has now been reinforced by both the technical report and musicologist report, is that the 2007 version of Oxygene is simply a digital re-mastering of the original 1970s multi-track masters.”
100% true. New Oxygene is just remastered old tapes with added stereo delays etc.
"We are very confident that Jean Michel Jarre's 30th Anniversary recording of Oxygene is an entirely new recording. A leading independent expert has also confirmed this. We will vigorously contest any claims to the contrary."
So... EMI want's to lie to everybody or JMJ lied to EMI?
Post Posted Sun Mar 09, 2008 12:45 pm
Robi


Posts: 3340
Location: Kiskoros, Hungary

Radek,
we will see.

You know, Dreyfus is not 'better' man than JMJ.
"I will release my next album at the end of this year"
Post Posted Sun Mar 09, 2008 12:55 pm
radek tymecki


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Posts: 959

Because of deleting Youtube movies? ;)

I think that JMJ started chain-reaction system.... I'm really curious about effects
Post Posted Sun Mar 09, 2008 1:47 pm
Robi


Posts: 3340
Location: Kiskoros, Hungary

Not because of deleted YouTube videos...

Why don't you quote this one aswell?

"In a statement EMI says, "We are very confident that Jean Michel Jarre's 30th Anniversary recording of Oxygene is an entirely new recording. A leading independent expert has also confirmed this. We will vigorously contest any claims to the contrary."

How can you 100% sure that this only was a remastered work??
"I will release my next album at the end of this year"







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