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JGM, Solicitor
Category: Law
Satisfied Customers: 9979
Experience:  30 years as a practising solicitor.
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Record company Arista/Sony have over 40 years sold records/albums

Resolved Question:

Record company Arista/Sony have over 40 years sold records/albums of The Bay City Rollers with songs sung by Nobby Clark their first lead singer/soloist saying they were sung by Les McKeown the next soloist.
As far back as Jan 1976 the Bay City Rollers No1 in the US Billboard top 100 was sung by Nobby but went out in a sleeve with McKeown face on the sleeve.
Many more albums still being sold are the same with fraudulent use of Nobby Clark's name.
The rollers are off on tour again with huge publicity here in Scotland on a tour starting in December.
Thousands more past albums will sell again.
Nobby reckons his royalties should have been in million...HE HAS NOT HAD ONE DIME.
He can now prove all this with copies he has obtained of Saturday Night sold around
the world in many countries.
Clive Davis of Arista Records put out the single which got to number one in 1975 in US.
Can he be taken to Fraud Court or is there a Statute of Limitations on fraud.
Nobby could surely at least be paid royalties for all future sales on albums he sigs on under McKeown's name.
Any advice very welcome.
from Flora in Scotland
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
I am a solicitor in Scotland, not the US so I can't comment on the US proceedings at all. However, under Scots law any claim for royalties would be time barred now. Interestingly, the criminal offence of fraud would not be time barred in Scotland or indeed England as it is a common law crime. However, if the person concerned isn't in Scotland or any other part of the U.K. he won't be subject to the jurisdiction of the courts here.
This is another tragic case of a young musician from the 60s/70s era not having proper representation at the time. I see a lot of these cases in Scotland but regrettably unless there are earmarked royalties held by the relevant institutions no claim would survive the passage of time as far as th courts ar concerned.
I hope that answers the question as far as UK law is concerned.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 9979
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Well I was under the impression that I was talking to a legal person in


I just discovered myself that Statute of Limitations does includefraud in US.

Sony and Clive Davis are US based so really my question was what can be done in US not in Scotland nor in England.

There is not a hope in hell that Clive Davis will come to Scotland or England to appear in a court.

Your comments are interesting but I hope you will agree they do not help me one bit in finding out what I can do further in New York.

Many thanks, nonetheless..Flora

Customer: replied 1 year ago.

Do you think I am being unreasonable in saying your reply really was not much good to me.

I still do not know what I can do next.

I realise NYK law is not your field of expertise so I got on to the wrong person. One does not really know who one is in contact with on te web.


Customer: replied 1 year ago.

Do you think I merit my £26 back as you did give a pleasant reply

but it was not to the question I asked about Nyk court systemn.

Please.. Flora

Expert:  JGM replied 1 year ago.
I have asked that you be transferred to US law.
Customer: replied 1 year ago.

Thank you for transferring me to US law. Nobby's is probably a hopeless case but perhaps he can get royalties 5 years back in US and for future sales of his voice on 12 albums still going on sale now.

Assuming Bay City Rollers do eventually get a payment of £30,000,000 royalties...

or more, which is due to them ( they cannot get a trial date from the dreaded Judge Conflict of Interest.. after waiting years..but it might happen) can Nobby then take civil action for £1,000,000 for fraudulent use of his songs from BCRs in Edinburgh.

What might it cost to do this.

Thank you you are helpful Flora

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