Sent 17 Oct 2000
I find your email disingenuous to say the least.
The royalties from the CD's are split in four equal shares. The Larmans do get 25%. Peter Cutler, their engineer gets 25%. BBAT Productions gets 25% for supplying the sound equipment. And you have signed the royalty checks for the other 25% since the first cent of royalties was paid.
In as much as you do not have a contract with the Larmans covering their existing collection of recordings, I don't think a court in the country would agree with you that they do not have the right to release those recordings commercially, especially under the arrangements made and agreed to (at least implicitly, remember those signatures on the royalty checks?) on the previous CD's. Your actions do not coincide with the policy you state.
The Larmans have had copyright clearance for every song on their CD's and would continue to do so. If you are worried about copyrights on the music broadcast live, I want to know what you base this fear on. Hundreds of stations broadcast music every day, and I haven't heard of a single copyright law suit in decades regarding this issue.
I also know that your call asking the Larmans to reconsider came after 5:00 p.m. on Friday. Given that you knew that the Larmans would have their attorney review any such agreement, it could hardly be said to be an offer made in good faith.
You told Howard and Roz that you canceled the show on Friday before they appeared on the fund drive because it would not be fair to have the listeners pledge to support the program, and then cancel it. I have to agree with that. However, the announcer on Sunday evening went out of his way to say that the station expected Howard and Roz back next week.
What you have done is a great disservice to the station and the listeners. In my opinion you have no credibility out of either face, and I will no longer support the station as long as you are associated with it.