Jeremy Sandford : Notes
Without prejudice and subject to contract
Please note that the views attributed to me by Donald with the initials (JS) do not necessarily represent my position. My most recent request to Donald was that he ask George and Charlie to reconsider their position and agree to a solution based on sharing rather than competition.
There does seem to be a lack of clarity as to what the Gypsy Council are actually providing in return for the £1,000 they propose to ‘keep back’.
In other ways too, these views do not necessarily completely represent my actual views, though I am most grateful for Donald’s help.
I suggest we arrive at an exact figure – say £2,000 – rather than get bogged down in details. Obviously, I can’t sign something as inexact as this.
I suggest that this master should be the VHS master since the money you suggest be paid from grants (£8,500) covers a large proportion of the cost of the film up to the point that VHS editing was complete, but does not cover the later move on to digital.
This would be, roughly, the VHS film as shown to Charlie in the Groucho Club in December 1998; most of our dispute, it seems to me, dates from this point since (I think) Charlie does not feel that he and I agreed that I take the film on into the more expensive digital process, or increase its length from the original agreed 40 minutes. I (with Hatfield Court Studios) have had to bear this later expense on my own, and, in retrospect, it seems a pity that it ever happened. In these circumstances it seems reasonable that the master should be the VHS one.
I suggest that the title should be the title of that date, which is the contractual title agreed with our original sponsors: ‘Romany Gypsy Songs Video’.
(i) I feel it is essential that wholesale and retail minimum terms are agreed, otherwise it will inevitably lead to competition and price cutting which will benefit neither party and lead to a reduction in goodwill.
(ii) I suggest should read ‘All net profits from sales of copies of the videos ...’ (The net because both parties are sometimes employing retailers, who will therefore retain some of the gross profit. Copies of because otherwise this conflicts with 5(ii)).
As already often stated, I would be far happier if both parties shared all net profits, since this would be much better than the competitive situation which the present agreement might well lead to.
‘Devised and written by’ are important credits in the trade and should be kept. Presumably it is not being suggested that the film was not devised and written by JS. Suggest we add the postcode HR6 0SD.
5. (i) (a) As already agreed with our performers, including Charlie, copyright (in songs and poems) held by the performers unless otherwise indicated.
(i) (b) Copyright (integrity, morality, paternity) retained by Jeremy Sandford.
(i) (c) Copyright (infringement claims) the joint responsibility of both parties.
(ii) Suggest we add ‘promote and market the video in a spirit of goodwill’.
(iii) Suggest we add ‘in a spirit of goodwill. For the purpose of monitoring this, each party send the other a copy of annual accounts at time that these are submitted to AGM.’
6. Additional point: I suggest we add ‘Agreed that goodwill is restored between both parties and Jeremy retains membership of Gypsy Council subject to payment of membership fees and subject to any challenge at the AGM.
7. From my end I should emphasise that the resumption of goodwill should be an essential part of this agreement and the re-establishment of friendly relationships with Charlie are an essential part of this.
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