By Andrew Clunis,
Freelance Writer
BUNNY WAILER says he is awaiting judgment in a writ he filed in the United States Supreme Court in New York, against the Wailers' early producer, the legendary Coxsone Dodd.
Bunny Wailer told The Gleaner that the writ claims punitive damages and royalties, amounting to millions of United States dollars. The law suit also extends to companies which have acted as distributors for Coxsone, mainly Heartbeat Records, on the release of a 40-song CD some years ago, featuring early music from the Wailers.
Coxsone Dodd says Bunny Wailers' claim is frivolous.
The Wailers came together in 1963. The members were Neville Oreilly Livingstone 'Bunny Wailer', Winston Hubert McIntosh (Peter Tosh), Robert Nesta Marley (Bob Marley), Junior Braithwaite and Beverly Kelso. Cherry Small sang on several songs as well.
Bob Marley, Braithwaite and Tosh are all deceased. Beverly Kelso commutes between Jamaica and the United States, while Bunny is still active, touring the world.
Bunny Wailer said that outside of being paid a weekly sum when they began recording for Coxsone in 1964, they were never paid royalties. He said Coxsone has failed over the years to respond to the agreements the Wailers signed with him. He said he recently retrieved a copy of the contract and was using it in the law suit.
Bunny Wailer said Coxsone holds a catalogue of over 200 songs recorded by the Wailers.
"Some of the songs that we sang I have never even heard released. The contract I have states that he should have been paying us royalties since 1964," said the former Camperdown student who had an interest in law before breaking into music.
Wailer said the writ in-cludes costs for three punitive damages.
"They didn't respond to the writ when it was filed. But my lawyers,David Lubelle and Jeff Japheth, have assured me that the case is heading for a judgement," he told The Gleaner.
Wailer said the suit he filed was on his own behalf, but he has asked for enough money to ensure that both Junior Braithwaite's family and Beverly Kelso can benefit if a judgement is made.
According to Coxsone: "It's been kicked out of the court. The suit was mainly against Heartbeat Records, but it was frivolous. The court people inspected my agreement and saw that I have the right to lease the music to whomever I choose. The Wailers operated as work-for-hire. They got paid every week and I provided them with boarding for over four years.
"Things were so bad that every minute they got a money out of my hand. When we got a little bit from Island, I made sure they got a little something from it. I found a nice place for them and provided them with guitar and piano so they could practise in the evenings," said Coxsone.
The contention is over the 'One Love' CD released by Heartbeat Records. Coxsone said the individual members of the Wailers were given credit.
Many artistes from Jamaica's early period have complained over the years about being treated unfairly by Dodd.
"Over the years people have tried to trample upon my name. I really feel bad, but God knows it's not true. Eventually people will give me proper acknowledgement. Eventually the truth will float to the top, " he said.
