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| Weatherly, who had previously appeared on recordings by his band, The Gordian Knot, released by ], and also later by ], was offered a ] ] with ] after the success of "Georgia", and he released a number of albums in the 1970s. {{citation needed|date=February 2014}} | Weatherly, who had previously appeared on recordings by his band, The Gordian Knot, released by ], and also later by ], was offered a ] ] with ] after the success of "Georgia", and he released a number of albums in the 1970s. {{citation needed|date=February 2014}} | ||
| ==Weatherly vs. Universal Music Publishing Group== | |||
| Weatherly filed a lawsuit against Universal Music Publishing Group (UMPG) in October 2002, which is now considered a ] in the entertainment community. Weatherly claimed that he was underpaid royalties for years with regard to "Midnight Train to Georgia." Weatherly also claimed that because the royalty statements UMPG provided him were misleading, he could not have known he was being underpaid. Conversely, Universal Music argued that Weatherly could not proceed on his action because the one-year contractual limitations frequently found in entertainment contracts, had passed or tolled. This became the issue that the ] decided, in a ] which set new legal precedent. Entertainment conglomerates often insert an audit provision that will allow an artist, songwriter or entertainer to investigate whether royalties were paid in full. However, most contracts allow an artist to look back for a maximum of one, two or three years retroactively. This ] prevents the entertainment publisher from being liable for decades of underpayments. However, the court decided Weatherly vs. Universal Music Publishing Group that this one-year ] would not apply. "A defendant cannot hinder the plaintiff's discovery through misrepresentation and then fault the plaintiff for failing to investigate," the court wrote, referring to a ] decision. The court opined that when a plaintiff is prevented from discovering a cause of action, he/she should not suffer by the time-bar of the ] -- whether contractual or statutory. Because the ] decision was published, it is now relied upon by other songwriters and artists in support of claims that they have been underpaid royalties. <ref>http://www.billboard.com/biz/articles/news/1414719/case-summary-royalty-audits-and-tolling-contractual-limitations-periods</ref> | |||
| ==Discography== | ==Discography== | ||
Revision as of 01:40, 16 August 2017
| Jim Weatherly | |
|---|---|
| Birth name | James Dexter Weatherly |
| Born | (1943-03-17) March 17, 1943 (age 81) |
| Origin | Pontotoc, Mississippi, U.S. |
| Genres | Country, pop |
| Occupation | Singer-songwriter |
| Instrument | Vocals |
| Years active | 1974-present |
| Labels | RCA Buddah Brizac |
James Dexter Weatherly (born March 17, 1943) is an American singer-songwriter. Weatherly played quarterback at the University of Mississippi before choosing songwriting over a football career.
Career
Weatherly wrote songs that were performed by Ray Price, Lynn Anderson, Brenda Lee, Bob Luman, and Batdorf & Rodney, but it is for the songs recorded by Gladys Knight & the Pips for which he is best known -- Midnight Train to Georgia", "Neither One of Us (Wants to Be the First to Say Goodbye)", and "Best Thing That Ever Happened to Me".
Weatherly, who had previously appeared on recordings by his band, The Gordian Knot, released by Verve Records, and also later by RCA Records, was offered a solo recording contract with Buddah Records after the success of "Georgia", and he released a number of albums in the 1970s.
Weatherly vs. Universal Music Publishing Group
Weatherly filed a lawsuit against Universal Music Publishing Group (UMPG) in October 2002, which is now considered a landmark case in the entertainment community. Weatherly claimed that he was underpaid royalties for years with regard to "Midnight Train to Georgia." Weatherly also claimed that because the royalty statements UMPG provided him were misleading, he could not have known he was being underpaid. Conversely, Universal Music argued that Weatherly could not proceed on his action because the one-year contractual limitations frequently found in entertainment contracts, had passed or tolled. This became the issue that the Ninth Circuit Court of Appeals decided, in a published decision which set new legal precedent. Entertainment conglomerates often insert an audit provision that will allow an artist, songwriter or entertainer to investigate whether royalties were paid in full. However, most contracts allow an artist to look back for a maximum of one, two or three years retroactively. This time limitation prevents the entertainment publisher from being liable for decades of underpayments. However, the court decided Weatherly vs. Universal Music Publishing Group that this one-year time limitation would not apply. "A defendant cannot hinder the plaintiff's discovery through misrepresentation and then fault the plaintiff for failing to investigate," the court wrote, referring to a Ninth Circuit Court of Appeals decision. The court opined that when a plaintiff is prevented from discovering a cause of action, he/she should not suffer by the time-bar of the statute of limitations -- whether contractual or statutory. Because the Weatherly vs. Universal Music Publishing Group decision was published, it is now relied upon by other songwriters and artists in support of claims that they have been underpaid royalties.
Discography
Albums
| Year | Title | Chart Positions | Label | ||
|---|---|---|---|---|---|
| US Country | US | CAN | |||
| 1972 | Weatherly | — | — | — | RCA |
| 1973 | A Gentler Time | — | — | — | |
| Jim Weatherly | — | — | — | ||
| 1974 | The Songs of Jim Weatherly | — | 94 | 94 | Buddah |
| 1975 | Magnolias & Misfits | 45 | — | — | |
| 1976 | Pictures & Rhymes | — | — | — | Brizac |
| The People Some People Choose to Love | — | — | — | ||
| 2001 | Dancing Moon | — | — | — | |
| 2003 | Songs I've Written | — | — | — | |
| 2004 | Christmas Like Christmas Used to Be | — | — | — | |
| 2008 | Autumn Lights | — | — | — | |
Singles
| Year | Title | Chart Positions | |||||
|---|---|---|---|---|---|---|---|
| US Country | US |
US AC | CAN Country | CAN | CAN AC | ||
| 1973 | "Loving You Is Just an Old Habit" | — | 116 | — | — | — | — |
| 1974 | "The Need to Be" | — | 11 | 6 | — | 13 | 17 |
| 1975 | "I'll Still Love You" | 9 | 87 | — | 23 | — | 9 |
| "It Must Have Been the Rain" | 58 | — | — | 46 | — | — | |
| 1977 | "All That Keeps Me Going" | 27 | — | — | — | — | — |
| 1979 | "Smooth Sailin'" | 32 | — | — | — | — | — |
| 1980 | "Gift from Missouri" | 34 | — | — | — | — | — |
| "Safe in the Arms of Love (Cold in the Streets)" |
82 | — | — | — | — | — | |
References
- Thompson, Wright (February 2010). "Ghosts of Mississippi". Outside the Lines. ESPN. Retrieved November 3, 2012.
- Biography, Allmusic.com
- http://www.billboard.com/biz/articles/news/1414719/case-summary-royalty-audits-and-tolling-contractual-limitations-periods
- Billboard, Allmusic.com
- Billboard Singles. Allmusic.com.
- Whitburn, Joel (2011). Top Pop Singles 1955–2010. Record Research, Inc. p. 959. ISBN 0-89820-188-8.