The Wailers, top left to right - Al Anderson, Alvin "Seeco" Patterson, Bob Marley, Carlton Barrett. Bottom left to right: Junior Marvin, Aston "Family Man" Barrett, Tyrone Downie and Earl "Wire" Lindo. The London Features International photo was taken from " The World's Greatest Composers: Bob Marley" by Marsha Bronson, published by Sangsters.
TUFF GONG Records has been folded by the Supreme Court.
The death blow to what could have been a real monument to the union of the original Wailers was delivered in the Court on Thursday, when it granted an order winding up Tuff Gong Records. The company was founded in 1973 by three original members of the world famous singing group - reggae icon Bob Marley and superstar colleagues Bunny Wailer and Peter Tosh.
Attorney Michael Hylton, who represented the three petitioners - the Bob Marley Foundation, Tuff Gong International and 56 Hope Road Music - told Showbiz that the decision brings finality to the issue:
"It is finished now," Mr. Hylton sermonised.
"It is the best thing that could have happened for the Jamaican music industry. Marley is still the best possible thing going for Jamaican music and now that this issue has been settled, the country, in general and the Marley family, in particular, can finally focus on this valuable asset," said music business attorney, Lloyd Stanbury.
Mr. Hylton agreed that while Marley, Tosh and Wailer seemed, originally, to have been committed to working jointly to build Tuff Gong into a successful enterprise, at some stage they lost interest, changed their minds and went separate ways.
All the assets of Tuff Gong Records Limited will be transferred to Tuff Gong International, but whatever royalties accrue to either Tosh's estate or Wailer's would be paid over to them, Mr. Hylton said.
The three companies which sought the closure were either founded by Marley prior to his death or were created, posthumously, by his estate. They are all owned by his estate, headed by his widow Rita Marley and a board comprising his children.
According to the 'Winding Up Petition', Tuff Gong Records Limited, which is being wound up, was incorporated in 1973 as a limited liability company. Its name was originally Toughgang Records Limited.
The company was started by Marley, Tosh and Wailer with capital of J$4,000, which they divided into 4,000 ordinary shares of J$1 each. They had intended to become involved in the business as producers, designers, manufacturers, suppliers and distributors of and dealers in phonograph records and equipment, as well as in pressing records.
However, after Marley split and started his own group in 1975 - comprised of the Wailers band and the I-Threes singing group - they decided to go their separate ways.
Marley bought the former Federal Records plant on Marcus Garvey Drive and founded Tuff Gong International. Wailer started his Solomonic Records, while Tosh recorded on several foreign labels, mainly Columbia and EMI, as well as his own Intel Diplo.
After Marley's death in May, 1981, various disputes over his estate arose, including Bunny Wailer's claim that the Tuff Gong name belonged to the company they had jointly founded. This led to litigation being instituted in Jamaica and in the United Kingdom.
The parties reached an out-of-court settlement on June 28, 1999, which fully and finally settled the disputes, including disputed masters and trademark licences owned by Tuff Gong Records.
Under the terms of the 1999 agreement, about US$2 million was shared between the Tosh estate and the sole surviving member of the famous trio, Bunny Wailer. The money covered royalties from earlier sales, as well as later material.
Both Wailer's and Tosh's estate will still be able to use the original Tuff Gong logo (three fists) on their products, but not the logo with the image of Marley, which will be retained exclusively by the Marley family.
Atlanta-based attorney Kendall Minter, who represented Tosh's estate and gave advice to Bunny Wailer in the matter, told Showbiz after last year's settlement, that he expected it to lead to a healing of the wounds created by the conflict:
"For us, it means that there is now a healing and a re-allegiance between the Marley, Tosh and Wailer families. They will now be able to act in unison in promoting the products and to help stamp out the piracy of the products," said Mr. Minter.
Mr. Stanbury supported the view saying: "Any settlement of a dispute, especially an out-of-court settlement, is the best way to go because it saves everyone money."
