Green Linnet Records Update
With Bill Margeson

Certainly, in the history of Irish traditional music, it is the biggest business story of all time. In major legal actions sure to reverberate widely and deeply, five major Green Linnet Records recording stars are suing the world's biggest producer and distributor of Irish traditional music. Altan, Cherish the Ladies and Mick Moloney are currently before The New York Supreme Court, and artists Joanie Madden and Eileen Ivers are arbitrating their complaints before The American Arbitration Board. According to the performers' attorney, Bob Donnelly of New York, the separate actions are necessary because of differing remedial clauses in the stars' contracts. Donnelly also states that the splitting of the cases, originally filed as " all five in one " in December 2002, is " another dilatory tactic by Green Linnet to buy time." The actions all involve significant claims by the performers that the Danbury, Connecticut-based Green Linnet has engaged in a lengthy practice of underpaying, or not paying, royalties on their recordings. Also contained in the complaints is the assertion that Linnet has never paid any royalties due on numerous compilation albums released over the years. That number is enormous, especially when considering it would also include violations pertaining to publishing rights of the original music from the artists. According to Donnelly, " This is such arrogance on Linnet's part. Until I got involved they never even gave an accounting to these people."

In a lengthy, strongly worded press release from Donnelly's office, both the depth of the artists' frustrations and their significant financial complaints are listed in some detail. LiveIreland.com has edited the release for this article, but will make the total release available in a separate area, as well as the strangely brief response of the company.
The release reads in part:

“ Green Linnet Records, of Danbury, Connecticut has been a leading force in recording and distributing Celtic music for over 25 years. Along with its Xenophile and Redbird labels, the company has over 300 masters licensed and features a roster that has included, among others, Eileen Ivers, Cherish the Ladies, Mick Moloney, Altan, Lunasa, Martin Hayes and
Denis Cahill, Tarika, Sharon Shannon, Patrick Street, Phil Cunningham & Aly Bain, Wolfstone, Tommy Sands, the Bothy Band, Jez Lowe, Liz Carroll, Jimmy Keane Robbie O'Connell and the Kennedys.

‘ It would probably shock most Irish music fans to know that the artists who recorded their favorite Green Linnet albums have not been paid,’ said famed fiddle player Eileen Ivers. The law suit recently filed by the artists (who irreverently refer to themselves as The Green Linnet Five) highlights the fact that Green Linnet has consistently failed and refused to provide timely accountings or royalty statements to their artists for several years despite repeated requests and demands; that the company underpays and fails to report income regarding the commercial exploitation of the artist's master recordings; that they improperly reduced the rate of royalties due and inappropriately applied deductions without a contractual basis to do so and to everyone's amazement has the unfettered gall to continue to commercially exploit master recordings for years after the licensing agreements for these albums expired. Additionally the company fails to list income and pay royalties on a number of compilation albums that contain recordings from the artists.

“ The case of the world famous Irish group "Altan" is a good illustration of the case presented by the artists. Altan were contracted to Green Linnet for a 5 record deal which ran from 1987 until 1993. Green Linnet admits to owing Altan a figure in excess of $100,000 in unpaid artist and publishing royalties. Almost unbelievably Green Linnet refuses to respond to requests for sales records, invoices or other back-up information. As a result, the members of Altan are uncertain of how much they are truly owed…There are over 75 albums listed on Green Linnet imprints alone that feature Altan tracks. Green Linnet has licensed additional Altan material to other labels for various unauthorized compilations.Green Linnet seems indifferent to the fact that is ( sic ) going down in infamy as a company which has in effect declared war on its artists, losing no opportunity to mistreat and exploit them at every opportunity. Sadly Green Linnet and its ownership represent an anomaly in the world of contemporary recorded music; a throwback to the bad old days before reform of the industry when many record companies routinely cheated their artists. Artist attorney Bob Donnelly said that he was approached by the folk music division of the musician's union to represent 25 other artists who have also not received the royalties to which they are rightfully entitled. ‘I wish I could fight for all of them but I just don't have the time,’ Donnelly said. ‘One can only imagine how many other artists are out there who have simply given up. I hope our lawsuit gives them the courage to persevere.’

“ It would appear that the ownership and management of Green Linnet have felt secure in mistreating their artists because historically folk and traditional musicians have not possessed the resources to take legal action against major corporations. What Green Linnet clearly did not anticipate is that so many distinguished artists would come together to
take collective action against them.

“ The distinguished Irish musician and teacher Mick Moloney summed it up by saying, ‘in recent years the management of Green Linnet has come up with a typical rejoinder when confronted by artists demanding justice. ‘Sue us’ they say. Well it's finally happened’.”

When contacted, Green Linnet President Wendy Newton issued only the following statement in regard to the wide- ranging charges, “ Because this matter is in litigation, an ( sic ) because Green Linnet has counterclaims against Bob Donnelly’s clients, it would be inappropriate for us to comment, particularly in a public forum. The only reason Green Linnet has been interested in taking on partners or selling the label is for the purpose of fulfilling whatever obligations it may have. “

The basic, " no comment " on the part of Linnet is interesting in light of the far-ranging nature of the charges. The response was sent by e-mail from Green Linnet president Wendy Newton following three attempts to speak with her, and a subsequent, brief " off the record " phone conversation.

The cases are massive in terms of potentialities. If the cases are settled out of court, there would surely be some sort of a financial, or highly unlikely, " library" settlement . A " library" settlement would be that the financial claims are ( in some degree ) dropped, but the artists' musical catalogues (libraries) are returned to them for their own use. The artists could win the entire matter, or the company could prevail. Any financial settlement for the artists would be substantial. And, the other 25 Linnet artists referred to in the press release are certainly paying close attention to the cases. Donnelly stated in the interview that there was no class action on behalf of all the Linnet performers because, " Basically, they each have separate clauses in their contracts and each claims a separate royalty amount due them."

Strife between artists and their recording companies is common in all genres of music. Artists have long held that companies underpay them, or do not support them in terms of promotional and advertising efforts. No one, however, in Irish traditional music can recall any situation even approaching the current actions regarding Green Linnet. States Donnelly,“ If this was just one or two cases, you’d say it is an individual accounting problem. But, look at the number of artists saying exactly the same thing regarding the company.”

Donnelly also commented, " How do you justify going out and signing new artists for advances, while you don’t pay your older artists what you owe them? They say, ‘ That’s how we’ll generate the revenue.’ That’s a Ponzi scheme. This is an out and out effort to cheat these artists. “

A phenomenon in recent years ( continually covered by LiveIreland.com ) is the rapidly growing numbers of top stars who are releasing and distributing their own albums on their own privately held labels. This is due to several factors. The growing costs of production and distribution have forced many companies to deeply cut back in the number of releases generated each year. Also, fewer album sales have resulted in less and less money being put into promotional efforts for the artists. Linnet is far from alone in the difficulties it has faced in this area. In major part, this is due to the internet where so much free traditional music is available, along with every other genre. There are also companies that will distribute an artist's recording world-wide, for a fee. These companies have nothing to due with production. Add to this the growing number of hybrids, like the highly important Compass Records in Nashville, Tennessee. It does some original recordings, but has also been purchasing the American distribution rights to several artists' albums. Lunasa's first album is an example. Until last year, that album had never been available in the States, but Compass released it to great acclaim.

There is another huge and under-reported factor in regard to the surging number of "independents" in the traditional field. It is no longer necessary to have a full, billion track studio with all the bells and whistles to capture a great sound. The big studios may be necessary in the classical field, or for recordings featuring large ensembles. But, most traditional music recordings involve a relatively few musicians, and the advances in electronic recording capabilities have ensured that major artists like Sean Tyrrell can record in their own homes and have a perfectly engineered product to take to market. Real engineering skill is still vital, but the equipment can be rented--or in some cases borrowed--for comparatively little money. And, it is easily transportable, as everything in the electronics field continues to get smaller and smaller.

Best of all from the artists' points of view is what a musician said years ago. " When I sell a number of albums to a shop, I know exactly what my profit is. And, I know it immediately." Long gone are the days when a musician or singer had to be affiliated with a major company like Green Linnet or Shanachie in order to be recognized. It is still advantageous in terms of ease and scope. But, it is not necessary. Add to all of this the growing number of " comers " in the field like the aforementioned Compass, Narada, Greentrax or a host of others, and the financial, prestige, production and distribution stranglehold companies like Linnet and Shanachie used to enjoy in the traditional field don't seem so vast, after all.

This case will, of course, have enormous ripple effects throughout the traditional field. If a settlement or judgment force Green Linnet under, some of its competitors might see opportunity. In that eventuality, ( by no means a certainty ) those competitors should also see a warning. Relationships with artists are more important than ever. The artists can, and will, succeed on their own. Under all this lies an unprecedented, subtle sea change in the artist-recording company marriage.It may be necessary in the multi-million selling rock or pop album market to have a Sony or some other giant behind an act. But, the traditional Irish field is finite. Large and growing. But finite. It can be reached, still, by individuals and groups with talent, belief and vision. That is part of its great appeal. Several of the companies in the traditional field get it. For the others, it no longer will do to look at the artists as captive employees. They are now partners.