Mars_Rover
Junior Member
That's what I'm hearing from a source in Blighty. I'm inclined to scoff. Anyone hearing the same?
It's not a published source, just a loose-lipped fellow in the music biz.
Moz has already signed with a new company though, right? The people who manage Robbie someone (I'm not a fan).
check the main page.
Yes, but as someone pointed out in another thread, that might be on the rocks (or dissolved already).
What's next, a re-union with Stephen Street?
...Or Jake ?
This back and forth is so tiresome.
On Joyce's side, no one ever thought he took "ALL" the Smiths' royalties, just Morrissey's. Hinting at a Morrissey plot to defraud him-- and, he implies, the other members-- is disingenuous to say the least.
On Merck's side, who is he trying to kid with the pious rant about Van Gogh's "greedy easel"? To my knowledge, Mike Joyce has never made an artistic claim to the money earned by Smiths records, only a moral one-- that is to say, whatever money he is trying to seize now is money he was awarded in the court case where he claimed performance, not songwriting royalties. He didn't argue that he was a creator, merely a hired hand who wasn't paid his due. Whether or not Joyce lied or exaggerated his claim, it clouds the issue to paint Joyce as a thieving scoundrel the way Merck did.
There really isn't straight talk from any side at this point. The ugliness just goes on and on and on. I wish Morrissey would pay Joyce and end the whole squabble, but that'll never happen. Short of that, how about silence?
But Morrissey did pay him once, and he implies that he would have paid the second portion, but not more than twice the amount that Marr paid. I don't think Morrissey should pay. At one time he should have, but it's gone on too long now to pay. It would be embarrassing and would appear as an admission of ... not guilt, but an acknowledgment that the lawsuit had some validity. Now I think that Morrissey feels that he never owed Joyce another dime and that the original contract was perfectly reasonable, and that makes sense to me. However, he did agree once to pay, and then he took the ill-advised step of not appearing or being represented for the second dip into his pocket.
Once that happened, and Morrissey apparently tried to act like if he ignored it, that it would go away, I'd say that the fate was sealed on all of this. There is no way that Morrissey will ever agree to put money in Joyce's hands and no reason he should, except to end this, and he will survive and do very well for the rest of his life whether Joyce tries to get his nickel or not.
Sharon Osbourne had the right idea. When she had problems with two early band member's of Ozzy's wanting some money, they got the current band members and RERECORDED the parts. Of "classic" recordings! Problem solved. Morrissey ought to get Sharon round and get this sorted out.
Instead of trying to hire a new drummer for The Smiths old records, they should send the tracks to Kanye, RZA, and Dr Dre, and see what they come up with.
seriously, I hope Morrissey never gives Joyce another cent. I enjoy seeing someone more bitter than I am, publicly and unashamedly.
The problem is Joyce never deserved 25% of the performance royalties in the first place. Audiences paid to see the band The Smiths, but if Rourke (whom I do think has genuine talent) or Joyce were not on stage, the crowd would've been no smaller or less devoted whatsoever. Morrissey and Marr alone created the The Smiths, musically and beyond (artwork and the band's public image). Joyce and Rourke helped execute that in a live setting very well, but it doesn't warrant 1/4.
That doesn't mean Joyce isn't legally entitled to go after what the court ruled he's entitled to, but he's a bizarre man that's made a (failing) career out of it.
Is he more than an easel? Yes. He's the guy in the art supply shop who recommended which easel to buy.
but at what point does it become extortion?
It doesn't matter that Joyce may have been replaceable-- in my view he wasn't, but never mind-- if you hire someone to do a job and don't pay him, that's that. John Cleese could've been behind the drums. The issue remains the same. Even though Joyce probably thinks he did contribute artistically to The Smiths (a claim I'd back), his primary contention was that he had a moral claim to be paid as an "employee" of a "business enterprise". Everyone laughs because Morrissey called him a lawnmower part but they fail to see that the significant thrust of Joyce's case was that he was a lawnmower part, just a lawnmower part that was still owed 'X' pounds.
Most of us are working stiffs and I don't understand why there isn't more sympathy for this point of view. "But anyone could've worked that french fry machine!" is not an excuse I'd accept from my boss on payday.
If I borrow $1000 on my credit card but miss some payments or continuously pay less than I'm supposed to, and carry on with hostility toward my credit card company, the likelihood is that I'm going to end up paying back far more than the $1000 I originally owed. If I were particularly energetic and patient, I could probably string it out so that I'd owe my credit card company two or three times the original amount I borrowed. Can I then just say, "Sorry guys, I only borrowed $1000 to begin with and I've paid the outrageous sum of $1500-- I'm not paying the other $1500"?
Of course not. On the moral plane the bank might be screwing me over, but the fact is, if you get tangled up in borrowing money-- or in paying judgments to plaintiffs in court-- the least painful way out is to pay what you owe and move on. I don't say that's necessarily the just result in all cases, but that's the bare truth of the property/money/damages/etc system. Once these cases leave the court room and enter the realm of collections, there's no longer any room for questions of what is right and wrong. It would be like knowingly missing your car payments and then angrily arguing with the repo man as your Benz is hauled away.
Johnny knew all that. So he paid.
Morrissey didn't. Why not? Why couldn't he see it coming? As Jukebox has asked a couple of times, where was his legal counsel?
And let me pose a question to you. Who is enjoying the greater satisfaction right now? Marr, who can sit back and relax, knowing Joyce will never again buy a single tin of beans using his money? Or Morrissey, who had the initial satisfaction of stiffing Joyce but is now embroiled in a decade-long dispute that, among other things, made touring the UK problematic and has even menaced even his family? If they'd both paid Joyce way back when he might really be on a sidewalk with a tin cup. Instead he's still got one more meal ticket.
I feel bad for Morrissey but he was either too stubborn or he got really bad legal advice. The legal system probably did screw him over but that was an unfortunate situation that was pushed on him. I admire him for fighting the good fight, but at a certain point he ought to have been told that "winning" just meant getting screwed as little as possible by the courts.
quite possibly i am wrong here but hasn't he paid already?
i'm not sure i agree with your analogy ofthe credit card either. upon receipt of the credit card you, as the holder, enter into a formal contract with the institution. you agree to pay fees and charges that may occur in connection to lending money. you sign that contract agreeing to those charges should you be held liable.
that seems like a much different case to joyce feeling that money is still owed to him after all this time. it is also based on calculations that (for all we know) are supurious. of course, you could counter that that is where the court comes in but surely to insist that he should still receive money after receiving 100% of Morrissey's share from warners for, i imagine, quite some time now with litigation occurring every 6 months seems excessive.
after all, how much can be left now from the final bill? £10 000, £50 000? after already receiving how much?
while anyone could argue that morrissey should just pay to get it over with could not the same be said of joyce? let it go. be happy with what you've got.
perhaps he and mucca should start some sort of legal agency.