When the band flew back to England to do the overdubs to Wish You Were Here that summer the tapes were sent back to Air Studios in London...I just wanted to protect the tapes for the band, and so I removed them from Air Studios on behalf of the band and kept them at our rented townhouse. Under the written agreement the Claimant (Molland) warranted, amongst other things, that he was the sole and exclusive owner and proprietor of all rights in the recordings, that he had full right, power and authority to enter into the agreement and that he had secured the consent in writing of all artists including the musicians who performed. These tapes, which had been lodged in my care in the partnership's office (which was also my room in the partnership's communal home and headquarters), inexplicably disappeared, and for ten years I had no idea who had taken possession of them. It seemed to have had an electronic drum machine superimposed over my playing...As matters came to light so did the amount of expenses allegedly incurred by Mr. Molland. Their conduct, thereafter, in making the arrangements commercially to exploit the tapes themselves is also not without criticism. it is therefore simply untrue that we had a discussion regarding the royalties and production costs from the "Day After Day" album in or around September 1993. ",Re-recordings or new recordings discerned from CD comparison to the 16-track master tape: (Foster was not supplied with Joey's 24-track with the new overdubs added. This reprehensible maneuver of Molland's is made harder to stomach by the knowledge that at that time, by his own admissions, he had received a $30,000 advance pay-out for the Day After Day CD from Rykodisc which he kept hidden from his partners in the real Badfinger group who performed on that gig.Although I had not received any further communication from Mr. Molland regarding the Day After Day project I became suspicious when Mr. Healey telephoned inquiring about royalties as he had not been paid by Mr. Molland. Thus Joey is to recover $14,000 in production expenses (plus interest accrued after October 1996). As to the other warranty, he had not consulted any of the Defendants as to the terms of the Ryko deal before entering this agreement.3.
The Agora Club tapes were never mentioned. I certainly did not know at this stage that none of the other members of the group had given their approval to the works to be included on the CD and the format of those, that the reproduction fees were being claimed by Joey Molland personally, that there was no check on these, and at that stage Mr. Molland had already received an advance against of $30,000. They would not talk to me and told me to take it up directly with Mr. Molland. I regard this as unrealistic...15. Mr. Gibbins response, as he told me, was not one of objection. Kathie Molland, the American wife of Badfinger member Joey Molland died in her sleep yesterday. If Mr. Molland had not done this work, someone else would have had to do it, and would have had to be remunerated for doing so. I telephoned Rykodisc and inquired about the release of any material and the royalty payment position. ".Following are portions of some of the affidavits presented prior to the court hearing:I am the wife of Joey Molland. Rather, I consider that Mr. Molland (with his wife's encouragement) had persuaded himself that, given that they had been in possession of the tapes for over 15 years, that he had done all the work to produce a salable recording, and that the band members would be receiving publishing royalties. When I telephoned Mr. Molland he stated that he had received no money from Rykodisc as yet. At the time Mr. Molland also informed me that he was doing a deal with Rykodisc to have the recording released commercially.
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