Skip to main content

Mildred Bailey - Peace, Brother!

It is also important to note that with the passage of the Sound Recording Act of 1971, musical works and sound recordings are not treated equally. Under the 1971 amendment, the publication of a phonorecord stripped away common law rights, and the copyright owner had to abide by the 1909 Act’s notice requirements to avoid the copyright being forfeited... In order to understand all of this, some background on the issue of notice is in order. Prior to the effective date of the Berne Convention Implementation Act of 1988, notice of copyright refers to the affixation of the name of the copyright owner, the date of the first publication of the work, and the symbol c with a circle around it in a reasonably visible location on the work... The 1976 act states that the publication of a sound recording publishes not only the sound recording, but also publishes the recorded musical composition imbedded in the disc.

Before moving on to a discussion of how music copyright laws have affected blues and jazz musicians, there needs to be a discussion of the mechanical license, and this will lead us directly to how royalties are handled. The mechanical license imposes substantial limits on the reproduction, adaptation, and distribution rights of copyright owners of music. This sets up a compulsory licensing apparatus for the making and distribution of phonorecords, just as long as they are of non dramatic musical works. The mechanical license first appeared in the original 1909 copyright act, and to this day is still a major part of the 1976 copyright act. When a phonorecord of a musical composition is distributed to the public, a sound recording can be made of the composition by any person for sale to the public. The owner of the copyrighted music has the exclusive right to make the first distribution to the public. The compulsory license provisions then take effect, and the musical composition is wide open for anyone to make a recording of it and offer it for sale to the public.

An example of this would be if a new trumpet player and singer wanted to do their own version of the Rogers and Hart classic My Funny Valentine. When the first recording of this song was made and distributed, which was a long time ago, the compulsory license provisions took effect at that time. Ever since that time, anyone is free to do their own version of the song, or cover as they are now known. However, the new trumpeter/singer must abide by the rules that are outlined in the 1976 copyright act.


Mildred Bailey - Peace, Brother!
  • Recorded by: Mildred Bailey with Benny Goodman & his Orch  
  • Recorded on: Nov 11, 1939
  • Duration: 2:38

"Mildred Bailey's first recording was a 1929 uncredited vocalist for a session by the Eddie Lang Orchestra in 1929. In 1932, she recorded what would be her signature song, Rockin’ Chair. The song became so popular that she would be known as The Rockin’ Chair Lady."

See previous Song of the Day

Comments

Popular posts from this blog

Moondog - Behold

The history of jazz has been one of fusion. Its musicians and composers have continually drawn upon a huge range of different musics to create the rich and diverse tapestry that is world jazz today. Jazz is an evolving tradition of music making. And how often, in the life stories of individual jazz musicians, do we see these same patterns operating at microcosm? The richness of Turkish music and culture sometimes seems at odds with its turbulent and cruel history. In 1979... the country suffered its third military take over in thirty years... Every kind of music was in Turkey at that point. But it was not appreciated. To understand the culture of the country, with those three military takeovers, Turkey could not go anywhere. Musically, it was very difficult. But things were beginning to happen. Traditional Turkish music is essentially monophonic, rich in melody and rhythm but with little by way of harmony. The contrast with western music, with its beautiful harmonies but rhythmic weakn...

Veronica Swift - A Little Taste

There has always been an uncomfortable tension between rhythm and blues and rock and roll, a cyclical influence that vacillates between inspiration, appropriation and separation. Popular music has broken off into categories of rock, pop, country, and R&B, each with their own origin stories. But R&B and rock, usually codified as vastly different, Black and white styles, have long been intertwined in ways our historical memory may have us forget.  Despite the innovation that comes from separation, rock and R&B always find their way back to each other. In recent years, rock veterans have turned to the genre’s classics for inspiration. Queens of the Stone Age veered from their typical hard rock with 2017’s Villains, a dance y album inspired by frontman Josh Homme’s love of 1920s jazz and swing, other Black genres that laid the groundwork for the popular music of today. The whitewashing of rock’s history has oversimplified music’s malleability and silenced the voices of Amer...

The Gap Band - The Sun Don't Shine Everyday

The Gap Band - The Sun Don't Shine Everyday Genre: RnB Released in: 1984 Duration: 5:14 "The Gap Band was most successful when working with producer Lonnie Simmons, with four consecutive gold records. Their party train soon slowed to a stop. They reformed in the 90s and occasionally toured and attempted a comeback album." See Previous Song of the Day