Subsequent to the recent postings on the Enid website by Robert John Godfrey we have been contacted by some of our regular customers enquiring as to our position. We have responded to these enquiries, a copy of which we have now decided to post here in an effort to avoid any further confusion:
Inner Sanctum Recordings only manufactures, distributes and offers for sale recordings in which it owns or controls the unencumbered rights. As is the case with the entire Enid back catalogue, Inner Sanctum Recordings has exclusively released all Enid recordings under license from Robert John Godfrey for the past 8 years. We are a professional bona-fide company of long standing and members of many professional industry bodies including the BPI, AIM, IFPI, MCPS, PRS and PPL and also a member of the BRIT awards voting academy.
On the 1st July 2001 we entered into a ‘rolling’ agreement with Robert John Godfrey (on behalf of ‘The Enid’) to manufacture, sell, licence and distribute recordings by the artist (The Enid). Although a simple formal written agreement existed either party could elect to end the agreement with 3 months notice.
This long standing and mutually successful arrangement resulted in negotiations instigated by Robert John Godfrey to formalise this arrangement and resulted in the purchase of the entire Enid back catalogue for a substantial five figure sum of money and was verified and signed by Robert John Godfrey and myself (Gerald Palmer) on 29th August 2008 in a document titled the “Master Recording Buyout Agreement”. However, unlike a ‘normal’ buyout agreement we agreed to pay a royalty on all future sales (i.e. from record ‘one’), gave an undertaking to advance 50% of any future licensing income and in addition we agreed to increase the royalty rate payable to the Enid. This agreement exclusively covers all physical and non-physical (i.e. digital) use of these recordings.
At the end of last year following the appointment of the band’s new manager Ian Eardley (and at his request) subsequent negotiations regarding certain aspects of the agreement began with Robert John Godfrey’s lawyer Leonard Lowy (of Leonard Lowy & Co). Although having no obligation to enter into further negotiation we offered to make certain revised and improved terms in an effort of good faith to ensure the continuation of a harmonious relationship. Subsequently and without warning Robert John Godfrey then informed us he would have no further contact with us and stated that he was electing to ignore the agreement he had signed with us and taken the money for, whilst simultaneously discontinuing with the services of his lawyer (Leonard Lowy). We are of course aware from the recent postings Robert John Godfrey has made on the band’s website that he has since made available for free (or by way of voluntary donation) all back catalogue recordings together with posting news that he/the band are currently re-pressing all back catalogue recordings (in flagrant breach of the agreement he has signed with us).
To date we have chosen not to instruct our lawyers in the hope of a mutually acceptable resolution, but needless to say and with great regret, Robert John Godfrey is leaving us with little option other than to vigorously protect our substantial investment by initiating the appropriate legal action against any individual, label or distributor that endeavours to infringe our copyrights.
Once again I wish to re-iterate and assure you that all Enid recordings released on our Inner Sanctum label are officially licensed by MCPS (Mechanical Copyright Protection Society) with royalty accounting, statements and payments sent to Robert John Godfrey on behalf of the Enid.
Contrary to Robert’s assertion it is quite simply untrue to state we are “bleeding the band dry and doing our best to destroy the band’s future”. It’s not in our interests to do so. The Enid have our ongoing and continued support and we wish them every success in their future endeavours.
I trust this answers your query satisfactorily. If you require further clarification on any issues then please feel free to contact me personally at our offices during normal business hours (9am to 5pm) Monday to Friday: +44(0)1536-202295 (an answer phone service is available at all other times) or via email: email@example.com
Thank you for your custom,
On behalf of Inner Sanctum Recordings