EMI is under fire from the wife of one of the songwriters that was previously represented by the music publishing giant. Stephanie Ford Stewart—married to deceased Kingston Trio member John Stewart—alleges that EMI has been less than honest with its payments when it comes to foreign royalties, according to Billboard.
Her husband, who wrote hits such as The Monkees' "Daydream Believer," suggests that her husband signed a deal with Screen Gems-Columbia Music, which was later acquired by EMI. That deal entitled him to 50 percent of foreign publishing earnings, even after the company was acquired by EMI. The bone of contention is what happens to the money before it gets home from overseas. Stephanie Stewart alleges that her husband's estate is only getting 25 percent of publishing earnings because foreign subsidiaries, which control publishing rights in foreign territories, get a cut beforehand and that ultimately the "50-50" split isn't made until what's left reaches the States.
In other words, is Stewart owed 50 percent of the original earnings or 50 percent of what's left after international agencies get their cut?
Donald Zakarin, a lawyer representing EMI, notes that this system has been in place for many years, and accepted by courts at that.
"Every case that has addressed foreign sub-publishing has gone and said, 'yes, foreign sub-publishers are entitled to the foreign sub-publishing fees,'" he said. "These are agreements that have been in place for decades. EMI has not changed these agreements; it's not deprived the writer of a penny."
Zakarin was on the defense that deflected a similar lawsuit from the Duke Ellington estate last year.
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