Former OZZY OSBOURNE bassist Bob Daisley has issued the following statement in response to the August 16th ruling by the Los Angeles Federal Court dismissing the lawsuit over unpaid performance royalties brought by Daisley and ex-OZZY drummer Lee Kerslake against Ozzy and Sharon Osbourne:
"Obviously this is a disappointing ruling, but it's not over yet. This case has merit — Lee and I have been struggling for two decades just to receive the correct royalties and credit that's due us — and we are confident that we will prevail in the end."
Bob told Paul Cashmere of Australia's Undercover News he found out the bad news in the early hours of the morning. "Lee phoned me because he had only just heard about the ruling from our lawyer," Bob said. "I think it was early Wednesday morning, Tuesday night in England where Lee phoned from. We were both astounded because we had rulings in the past, this case has been going on for four years plus, we've had a couple of rulings in the past that were totally in our favor. This was totally surprised and we were astounded that this came up. I'm pretty much speechless now. Let's see what happens now. We haven't decided on which way we are going to go with it. It's not over, I can tell you that".
As previously reported, the case was expected to go before the judge early next year but that is all now up in the air. "The courts were booked to go into court and that was that judge who gave us that date to go into court in February next year, which is less than 6 months away" Bob told Undercover. "I don't know what's going to happen now. I guess we'll have to wait and see what is going to happen over the next six months with our comeback on this situation".
Despite reports to the contrary, Daisley continues to get paid his songwriting royalties for the songs he wrote on the first Blizzard of Ozz album and the follow-up Diary of a Madman. The issue here, apparently, is about performance royalties. "The performance thing is different to the songwriting thing," Daisley told Undercover. "There is songwriting what we still get. Performance is what this whole thing is about, performance royalties and now they have taken us off. There is still all the past millions and millions of records been sold with our performance on them and that is what this case is all about, plus our credits on the first album that our performances are on that we didn't get credited for. We have always had our songwriting credits on both these albums. But the second album Diary of a Madman we didn't get our credit for performing on it. I can't say enough about this particular situation until the dust settles. It's just been a matter of days since we heard the news. We are going to regroup and see what the next plan of action is."