Mike Joyce talks about The Smiths at The Mouth Magazine

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Extremely good podcast with Mike Joyce at The Mouth Magazine.
Over an hour of chat about The Smiths, and some really interesting stuff.

Mike Joyce - The Mouthcast - The Mouth Magazine
 
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Yes, But according to post # 89. Rogan had obtained account documents that show that Mike and Andy
received at some point 25 percent. But for some reason Mikes own legal team couldn't dig up the same information.

Not one person in the court, apart from Mikes team, said that they got 25 percent at one stage. The opposite is the case. I don't know how often I have to say this but none of all these people who said that M&A never got 25 percent and knew about it could produce any evidence which could withstand in court. So M&M lost because they had the burden of proof. Mike could contradict himself as much as he wanted, it did not matter. He could sit back and simply watch that M&M had nothing useful to provide. That's it. It's quite simple and not difficult to understand.
 
Yes, But according to post # 89. Rogan had obtained account documents that show that Mike and Andy
received at some point 25 percent. But for some reason Mikes own legal team couldn't dig up the same information.

Of course the accounts were part of the evidence. When Morrissey says that Joyce had "no evidence" he doesn't literally mean it, he just means not enough evidence to prove his case (in Morrissey's opinion).

According to absolutely everyone, the idea of Joyce and Rourke getting 10% was never raised until October 1983. Before then, at least, they will presumably have been getting 25%. If they were always on 10%, it would never have become an issue and Johnny wouldn't have needed the threaten to leave the band over it
 
you have to be a miserable sort to sort it out so two of your bandmates get only 10 percent of the recording royalties but you have to be a greedy tosser to have them receive 10 percent of the performance fees specially when you note the smiths were never huge sellers and moz was in 'charge' of the cancellations.
at no point were mike and andy hired guns so the assumption is that they were equal partners at 25 percent.
you dont give away more than half of both your rec and perf royalties with a nod of a head in a studio. you need to document in writing and show that it was not coerced which would be difficult to prove since it would entail mike and andy just giving away money.
nobody gives away money.
 
Legally speaking, the case is obvious: the rule is every musician gets the same part, if not, you have to proove one has agreed to get less.

Morrissey and Marr were not able to prove it, end of story, no matter what Joyce had in his documentation.
 
Morally, yes - Andy should get the same as whatever Mike is judged to have got. However, as far as I understand it, he settled out of court with Morrissey for a substantially smaller pay out before it got to court. Presumably as part of this pay off, he signed a legal document - so he's now stuck with whatever he agreed to.

83k apparently - bit silly of him really.
 

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