Do Song Covers Violate Copyright? 21 Nov Phantom Dancer


Thirty-two years on air, heard on 23 radio stations and online, Greg Poppleton is Australia’s longest running swing DJ and Australia’s only authentic 1920s – 1930s singer.

Every week he brings you The Phantom Dancer, a live, multi-award-winning non-stop mix of swing and jazz sourced from real 1920s-1960s radio broadcasts.

In Greg’s eight Phantom Dancer sets this week we hear Bop takes of old songs on live 1947-51 radio, Duke Ellington from his 1945 ABC ‘Date with the Duke’ series, 1930s German dance bands playing the hits from the movies, and a set of R’n’B singers live over CBS radio’s Al Freed Rock’n’Roll Dance Party in 1956.Al Freed Show

And the R’n’B set brings me to this question…

DO SONG COVERS VIOLATE COPYRIGHT?

Why does the R’n’B set bring me to this question? Because two of the singers we’ll be hearing on today’s Phantom Dancer from live 1956 radio had copyright run-ins with a big band/pop singer who also happened to be on today’s show (in Set 2), Georgia Gibbs.

The first R’n’B singer you’ll hear on today’s Phantom Dancer (and all the singers were backed in these ‘Rock’n’Roll Dance Party’ radio broadcasts by the Count Basie Orchestra) is LaVerne Baker.

LAVERN BAKER – TWEEDLEE DEE RIP OFFLaVern Baker
Born Delores LaVern Baker, LaVern Baker had several hit records in the 1950s. Her most successful disc was “Tweedlee Dee” (1955) which you’ll here her sing live today. This latin tempo song was LaVern’s first hit. It got to 4 on the R&B chart and 14 on the national US pop chart. Meanwhile, singer Georgia Gibbs recorded a note-for-note cover of the song that reached number 1. A real kick in the guts that made LaVern ask the question,

“Does this Song Cover violate my copyright?”

She made an unsuccessful attempt to sue Gibbs. She unsuccessfully petitioned the US Government to consider such covers copyright violations.

ETTA JAMES – DANCE WITH ME HENRY GRAB Etta Jamse
Born Jamesetta Hawkins, Etta started learning to sing at age five. Her singing teacher used to punch her in the chest while she sang to force her voice to come from her diaphragm. She developed an unusually strong voice.

Los Angeles big band leader, Johnny Otis, saw 14 year old Etta singing with a Doo-wop group and booked her to sing his “answer song” to Hank Ballard’s “Work with Me, Annie”. He even gave her co-credit as lyricist. The song was “Dance with Me, Henry”, which and you’ll hear Etta singing it live on today’s Phantom Dancer. But again, Georgia Gibbs recorded a cover that took a lot of the thunder. It was a version called “The Wallflower” and it reached number one on the Billboard Top 100. This made Etta very angry.
Her intellectual property had been appropriated.

FAYE ADAMSFaye Adams
Faye Adams’ father was a gospel singer and at age five she joined her sisters to sing spirituals, regularly performing on local radio shows. She, too, had a big voice, billed as, “Atomic Adams’.

Her first hit, “Shake a Hand”, topped the US Billboard R’n’B chart for ten weeks in 1953 and hit 22 on the US pop chart, selling one million copies and receiving a gold disc.

In 1954, Adams had two more R&B chart toppers. The one she sings on today’s Phantom Dancer, live over CBS in 1956, is “I’ll Be True”. This song was then covered by Bill Haley and later by Jackie DeShannon.
Covering a song is much different to appropriating a song. All cool, because the original composer/lyricist is acknowledged and compensated. I’ll explain about the legalities of song covers below.

IVORY JOE HUNTER
Ivory Joe Hunter

He’s the final R’n’B singer in today’s Phantom Dancer set of 1956 rock’n’roll radio. He’d had hits on the R’n’B charts since the mid 1940s and was billed as The Baron of the Boogie and The Happiest Man Alive. Maybe he was happy because no-one was copying his songs while they were still climbing the charts. On today’s Phantom Dancer he sings his 1950 R’n’B chart-topper, “I Almost Lost My Mind”, live, of course, and with the Count Basie Orchestra.

Now, to the legalities of covering a song, quoted directly from the Australian Performing Rights Association (APRA) website…

A BAND IS PERFORMING MY SONGS. CAN THEY DO THIS WITHOUT MY PERMISSION?
Yes, in most cases they can. The venue in which the band plays must hold an APRA licence; it is not the responsibility of the individual bands. The APRA licence gives the venue a blanket licence to authorise the performance of all copyright music.

DO I NEED A LICENCE?
Yes. You may need to obtain an AMCOS licence if you want to make a recording of a song composed by another writer.

WHAT ABOUT UPLOADING COVER VERSIONS TO DIGITAL SERVICE PROVIDERS?
If you are recording a cover version of a work and wish to make it available on a US-based digital service provider (iTunes, Apple Music, Spotify etc), you are required to take out a licence with the Harry Fox Agency (AMCOS equivalent in the USA). Go to www.harryfox.com/license_music/ and head to their Songfile Mechanical Licensing tool. In cases where the Harry Fox Agency do not represent the work, you may be able to obtain a compulsory licence via RightsFlow – see www.rightsflow.com and head to the Limelight licensing area.

IN AUSTRALIA?
As long as you’ve first obtained a manufacturing licence from AMCOS, you can supply your recording to a digital service provider (DSP) such as iTunes, Apple Music, Spotify etc. APRA AMCOS licenses DSPs directly, and so royalties for downloads will be collected by APRA AMCOS on behalf of the rights holders.

I hope this has been of help to you, with a bit of R’n’B history thrown in. Oh, and for more R’n’B history, check out this YouTube footage of LaVern Baker as your Phantom Dancer Video of the Week. Enjoy!

Play List – The Phantom Dancer
107.3 2SER-FM Sydney, Live Stream, Digital Radio
Community Radio Network Show CRN #289

107.3 2SER Tuesday 21 November 2017
After the 2SER 12 noon news, 12:04 – 2:00pm (+11 hours GMT)
National Program:
ArtSoundFM Canberra Sunday 7 – 8pm
and early morning on 22 other stations.

Set 1
Swing Bands on One Night STand
Theme + Lady Be Good
Lucky Millinder Orchestra
’One Night Stand’
Savoy Ballroom NYC
AFRS Re-broadcast
10 Jul 1945
Cherry
Sonny Durham Orchestra (voc) Howard Walters
’One Night Stand’
Cafe Rouge
Hotel Pennsylvania
AFRS Re-broadcast
14 Apr 1944
Texas Polka + Isle of Capri
Gay Claridge Orchestra (eg) Mary Osbourne
’One Night Stand’
Chez Parée
Chicago
AFRS Re-broadcast
21 Aug 1945
Set 2
Popular Radio Singers
Choo Choo Polka
Paul Whiteman Orchestra (voc) Georgia Gibbs and Merry Macs
’Georgia Gibbs Show’
Blue Network
22 Jul 1945
Bewitched, Bothered and Bewildered
Margaret Whiting
’Oxydol Show’
CBS
1950
Basin Street Blues + Close
Martha Tilton and Curt Massey
’Alka-Seltzer Show’
CBS
17 Jun 1949
Set 3
A Date With The Duke
Take The A-Train (theme) + Chelsea Bridge
Duke Ellington Orchestra
’A Date With The Duke’
WJZ ABC NYC Re-broadcast
30 Jul 1945
Frustration
Duke Ellington Orchestra (bari sax) Harry Carney
’A Date With The Duke’
WJZ ABC NYC Re-broadcast
30 Jul 1945
Take The A-Train (theme) + Blues on the Double
Duke Ellington Orchestra
’A Date With The Duke’
Toledo OH
ABC/AFRS Re-broadcast
1945
Set 4
1931 – 32 Cocoanut Grove Radio Transcriptions
Music in the Moonlight (theme) + Say You Are Teasing Me
Jimmie Grier Orchestra (voc) Gogo Delys
Radio Transcription
Hollywood
1931
Any Corner Is A Cosy Corner
Gus Arnheim Orchestra (voc) Loyce Whiteman
Radio Transcription
Hollywood
1932
Tomorrow + Music in the Moonlight (theme)
Jimmie Grier Orchestra (voc) Gogo Delys
Radio Transcription
Hollywood
1931
Set 5
1930s-40s Dance Band Songs From The Movies
Eine Insel aus Traumen geboren
Hans Rehmstedt Orchestra
Comm Rec
from the film, “Eine Nacht in Mai”
Berlin
Dec 1938
Bei dir war es immer so schoen
Kurt Were met seine Solisten
Comm Rec
from the film, “Anita und der Teufel”
Berlin
1941
Aus lauter Liebe
Die Goldene Sieben (voc) Peter Igelhoff
Comm Rec
from the film, “Capriolen”
Berlin
Jul 1937
Went Du einmal win Maedel magst
Die Goldene Sieben
Comm Rec
from the film, “Sensationsprozess Casilla”
Berlin
Aug 1939
Set 6
Songs From The Early 1930s
Gnaedige Frau, comma’ und spiel’ mit mir
Hans Albers
Comm Rec
from the film, “Quick”
1932
Blues My Naughty Sweetie Gave To Me
Kay Kyser and his Band from the Carolines
Aircheck
12 Jun 1934
Maniac’s Ball
Glen Gary and the Casa Loma Orchestra
Radio Transcription
1934
Fine and Dandy
Anson Weeks Orchestra
Radio Transcription
1932
Set 7
R’n’B Singers on 1956 Radio with the Count Basie Orchestra
One O’Clock Jump (theme) + Tweedlee Dee
LaVerne Baker
’Saturday Night Rock’n’Roll Dance Party’
WCBS CBS NY
1956
I’ll Be True
Faye Adams
’Saturday Night Rock’n’Roll Dance Party’
WCBS CBS NY
1956
Dance With Me, Henry
Etta James
’Saturday Night Rock’n’Roll Dance Party’
WCBS CBS NY
1956
I Almost Lost My Mind
Ivory Joe Hunter
’Saturday Night Rock’n’Roll Dance Party’
WCBS CBS NY
1956
Set 8
Bop Takes on Old Songs
Fine and Dandy
Barry Ulanov’s All-Star Modern Jazz Musicians incl. Dizzy Gillespie
’Bands For Bonds’
WOR Mutual NYC
13 Sep 1947
What Is This Thing Called Love?
Charlie Parker and strings
Apollo Theatre NYC
17 Aug 1950
Out of Nowhere
Miles Davis and Charlie Parker
’Symphony Sid Show’
WMCA NYC
18 Dec 1948
This Time The Dream’s On Me
Charlie Parker, Fats Navarro, Bud Powell
’Symphony Sid Show’
WJZ ABC NYC
30 Jun 1950
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21 February 2017 Phantom Dancer Swing Jazz Mix – Why Is It So? (1960s TV)


The Phantom Dancer radio show is your two hour non-stop mix of swing and jazz from live 1920s-60s radio and TV presented by Greg Poppleton since 1985.

Live-streamed and archived online at 2ser.com. The Phantom Dancer is heard on over 22 radio stations.

You can hear it archived online now at radio 2ser.com

In the Phantom Dancer mix this week: (in the last hour of vinyl) airchecks by the Benny Goodman Orchestra and alumni Gene Krupa, Helen Ward and Harry James plus a set of women bands on radio including Ella Fitzgerald and Ann Mae Winburn.

See the full play list below.

Your Phantom Dancer video of the Week is another educational ‘Why Is It So?’ from ABC TV Sydney in the 1960s. In this episode, Professor Julius Sumner Miller investigates the fascinating physics behind balance.

Enjoy!

Make sure you come back to this blog, Greg Poppleton’s Radio Lounge, every Tuesday, for the newest Phantom Dancer play list and Video of the Week!

Thank you.

Play List – The Phantom Dancer
107.3 2SER-FM Sydney, Live Stream, Digital Radio
Community Radio Network Show CRN #252

107.3 2SER Tuesday 21 February 2017
After the 2SER 12 noon news, 12:04 – 2:00pm (+11 hours GMT)
National Program:
2RRR Gladesville Thurs 11am – 12
ArtSoundFM Canberra Sunday 7 – 8pm
and early morning on 22 other stations.

Set 1
Woody Herman on 1944 – 46 Radio
Blue Flame (theme) + Irresistible You
Woody Herman Orchestra (voc) Frances Wayne
Cafe Rouge
Hotel Pennsylvania
WABC CBS New York City
21 Aug 1944
Bijou
Woody Herman Orchestra
Cafe Rouge
Hotel Pennsylvania
WABC CBS New York City
23 Jul 1945
Wild Root + Blue Flame (theme)
Woody Herman Orchestra
‘Wild Root Creme Oil Show’
Eastwood Gardens
ABC Detroit Mich.
26 Apr 1946
Set 2
1950s Novelty Songs on the Radio
The Thing
Phil Harris Orchestra (voc) PH and Band
Aircheck
Hollywood
1950
Wimoweh
Jimmy Dorsey Orchestra (voc) Band
Starlite Roof
Edgewater Hotel
CBS Madison Wis.
4 Aug 1952
Old Piano Roll Rock
Vincent Lopez Orchestra (voc) Johnny Messner
‘One Night Stand’
Grill Room
Hotel Taft NYC
AFRTS Re-broadcast
1959
Set 3
Piano Jazz and Dance on 1930s Radio
If You Were Someone Else + You and I Know + Goodbye Jonah
Fairchild and Carroll
WEAF NBC Red NY
15 Sep 1937
The New York Boat
Ramona
‘Paul Whiteman’s Musical Varieties’
WJZ NBC Blue
2 Feb 1936
Oceans of Time + Let’s Face The Music and Dance (close)
Dick Carroll and his Music
‘The World Dances’
WJSV CBS Washington DC
21 Sep 1939
Set 4
Stank Kenton 1941-45 Radio Transcriptions
Got A Penny, Jenny?
Stan Kenton Orchestra (voc) June Christy
Radio Transcription
Los Angeles
Dec 1945
Flamingo
Stan Kenton Orchestra (voc) Red Dorris
Radio Transcription
Los Angeles
6 Jan 1942
I Haven’t Got The Heart + Artistry In Rhythm (theme)
Stan Kenton Orchestra
Radio Transcription
Los Angeles
Oct 1941
Set 5
Benny Goodman and alumni
Intro + Sugarfoot Stmp
Benny Goodman Orchestra
‘Spotlight Bands’
Springfield Mass
Blue Network
29 Sep 1943
Theme + Amour
Gene Krupa Orchestra (voc) Anita O’Day
Aircheck
1941
My Funny Valentine
Helen Ward
‘Eddie Condon’s Floorshow’
WNBT-TV NBC NY
29 Mar 1949
Feet Draggin’ Blues
Harry James Orchestra
Aircheck
Chatterbox
Mountainside NJ
Feb 1940
Set 6
Early 1930s Radio and Film Music
Gnädige Frau komm und spiel mit mir
Hans Albers
‘Quick’ (film)
Berlin
19 32
Wagon Wheels
Dorsey Brothers Orchestra
‘Chrysler Show’
Radio Transcription
New York City
1934
You’re My Everything
Anson Weeks Orchestra (voc) Pete Fylling
Peacock Court
Hotel Mark Hopkins
KGO NBC San Francisco
1932
Somebody Love Me
Ben Selvin Orchestra
‘Davis Gelatine Show’
Radio Transcription
New York City
1932
Set 7
Women Band Leaders on 1940s Radio
Galvanising
International Sweethearts of Rhythm
‘Jubilee’
AFRS Hollywood
Feb 1945
The Boogie Woogie Girl
Dorothy Chatman Orchestra (voc) Sammy Price
Comm Rec
New York City
6 Apr 1944
Central Avenue Boogie
Anna Mae Winburn (voc) International Sweethearts of Rhythm
‘Jubilee’
AFRS Hollywood
1945
Chewin’ Gum + I Wanna Be A Rug Cutter
Ella Fitzgerald Orchestra (voc) EF
Savoy Ballroom
WEAF NBC Red NY
4 Mar 1940
Set 8
Jazz on 1950s Telly
Them There Eyes
Billie Holliday
‘Tonight Show’
NBC Hollywood
1958
Ellington Medley
Duke Ellington (piano) Tommy Dorsey (tb) Jimmy Dorsey (as) Lee Castle (tp) Buddy Rich (d) and Orchestra
‘Dorsey Brothers’ Stage Show’
CBS-TV NY
1 Jan 1955
St Louis Blues Jam Session
Louis Armstrong, Gerry Mulligan, Gene Krupa, lionel Hampton and more
‘Second Timex All-Star Jazz Show’
CBS-TV NY
30 Apr 1958

The Mills Brothers on ‘TV’ 1932. Phantom Dancer Play List 17 June 2014


I couldn’t be in the studio last Tuesday, June 10.

So I’m looking forward to playing lots of swing and jazz from live 1920s – 1960s radio and TV for you this Tuesday 17 June.

Time to warm up the set for this week’s Phantom Dancer play list and Video of the Week.

On this week’s Phantom Dancer hear Dick Freeman’s Ensemble from Sydney in 1936, Al Jolson sings about Lifebuoy and Rinso the year after, and Stan Kenton blasts through your loudspeaker from WSOC Charlotte N.C. See the full play list below.

And as your Phantom Dancer Video of the Week, some early TV, or at least an early depiction of TV. The Mills Brothers feature in a Fleischer Screen Songs short from 1932, singing Hold That Tiger and I Ain’t Got Nobody. Sing along. Just follow the bouncing ball!

Play List – The Phantom Dancer
107.3 2SER-FM Sydney, Live Stream, Digital Radio
Community Radio Network Show CRN#109
2SER Tuesday 17 June 2014
12 noon – 2:00pm (+10 hours GMT)
Set 1
 
 
Robins and Roses
Dick Freeman Ensemble
Sydney
8 Dec 1936
Open + This Year’s Crop Of Kisses
Al Jolson (voc) Victor Young Orchestra
‘Lifebuoy Program’
WEAF NBC Red NY
6 Apr 1937
The Farmer Leaves The Hay
Paul Whiteman
Orchestra
‘Chesterfield Show’
WABC CBS NY
9 Aug 1939
Set 2
 
 
Moon Song
Annette Hanshaw (voc)
Will Osbourne Orchestra
Comm Rec
New York
2 Dec 1932
Here You Come With Love
Phil Harris Orchestra (voc) PH
‘Cocoanut Grove’
TRANSCO
Radio Transcription
Los Angeles
1933
Open + I’ve Got Rhythm
Freddy Rich Orchestra
‘Dodge Show’
New York
13 Feb 1936
Set 3
 
 
Going To Heaven
Nelson Eddy (voc) Robert Ambruster
Orchestra
‘Chase and Sanborn Hour’
KFI NBC LA
3 Oct 1937
Charleston Alley
Paul Lavalle Woodwinds
‘Chamber Music Society Of Lower Basin Street’
WJZ NBC Blue NY
28 Jul 1941
 
 
 
Set 4
 
 
Open + Sweets
Stan Kenton Orchestra
‘Concert In Miniature’
WSOC NBC Charlotte N.C.
1952
All Of Me
Harry James Orchestra
‘Spotlight Bands’
KHJ MBS LA
1950
Kansas City Moods + How Blue The Night
Jan Savitt Orchestra
‘One Night Stand’
Mural Room
Hotel St Francis
San Francisco
AFRS Re-broadcast
27 Jul 1944
Set 5
 
 
Cruisin’ With Cab
Cab Calloway
‘Personal Album’
AFRS Hollywood
1944
At The Fat Man’s
Les Brown Orchestra
Palladium Ballroom
KNX CBS LA
Nov 1943
Lucky
Benny Goodman Orchestra
‘Jubilee’
AFRS Hollywood
Feb 1946
Bust Out
Jimmie Lunceford Orchestra
Aircheck
1943
Set 6
 
 
Lazy Bones
Claude Hopkins Orchestra
Radio Transcription
New York
1935
I Can’t Get Started (theme) + ‘Round My Old Deserted Farm
Bunny Berrigan
Orchestra
Paradise Restaurant
WABC CBS NY
27 Mar 1938
Sound Advice
John J Anthony
‘Goodwill Hour’
WOR Mutual NY
c 1945
I’ve Got You Under My Skin
Red Nichols Orchestra (voc) The Songcopators
Radio Transcription
New York
1936
Set 7
 
 
Diminuendo In Blue
Duke Ellington Orchestra
‘A Date With The Duke’
ABC
Toledo OH
9 Jun 1945
Rocks In My Bed
Duke Ellington Orchestra (voc) Joya Sherill
‘A Date With The Duke’
ABC
Toledo OH
9 Jun 1945
Crescendo In Blue
Duke Ellington Orchestra
‘A Date With The Duke’
ABC
Toledo OH
9 Jun 1945
Teardrops In The Raib
 Duke Ellington Orchestra
‘A Date With The Duke’
ABC
Toledo OH
9 Jun 1945
Set 8
 
 
Gin Mill Special
Erskine Hawkins
Orchestra
Aircheck
1946
Little Jazz
Artie Shaw Orchestra
‘Spotlight Bands’
San Diego
Blue Network
12 Sep 1945
Rhythm Hymn
Jack Teagarden
Orchestra
‘Spotlight Bands’
Blythe Ca
Mutual Network
5 Nov 1943
Andy’s Blues
Count Basie Orchestra
‘One Night Stand’
Avadon Ballroom
Los Angeles
AFRS re-broadcast
June 1946