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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14 March 2017 Phantom Dancer – Wonder Child Baby Rose Marie (1929)


107.3 Radio 2SER Phantom Dancer with Greg Poppleton is your weekly non-stop mix of swing and jazz from live 1920s – 60s radio.

LISTEN NOW ONLINE AT 2SER.COM

This week’s Phantom Dancer is a bespoke, hand-picked classic since I’ll be filming a TV commercial when the show normally goes live.

You’ll hear a set of Count Basie as a rock’n’roll band on CBS Radio in 1956, a set of swing bands from 1937-39 radio including a toy piano solo, a set of jazz on 1948-52 TV and more.

See the full play list below.

The Phantom Dancer is your non-stop 2 hour mix of swing and jazz from live 1920s-60s radio every week online and on 2SER radio.

The final hour of the mix is all vinyl.

The Phantom Dancer is live-streamed as the show goes to air on 107.3 2SER Sydney, Tuesdays 12 – 2pm (12 – 2am GMT) and repeated 5 – 6pm Sundays, http://www.2ser.com

The show is then archived for you to listen to any time at 2ser.com/Phantom_Dancer.

Your Phantom Dancer Video of the Week is a 1929 Vitaphone short of the AMAZING singing Baby Rose Marie, aged around 6 in 1929. She is the only pre-World War 2 hit maker still living in 2016. Wiki bio.

Play List – The Phantom Dancer
107.3 2SER-FM Sydney, Live Stream, Digital Radio
Community Radio Network Show CRN #255

107.3 2SER Tuesday 14 March 2017
After the 2SER 12 noon news, 12:04 – 2:00pm (+11 hours GMT)
National Program:
2RRR Gladesville Thurs 11am – 12
2SER Sunday 2SER 5 – 6pm
ArtSoundFM Canberra Sunday 7 – 8pm
and early morning on 22 other stations.

Set 1
Big Bands on 1946 ‘One Night Stand’ Broadcasts
Open + Song of the Wanderer
Buddy Morrow Orchestra
‘One Night Stand’
Roseland Ballroom
New York City
AFRS Re-broadcast
1 Mar 1946
As If I Didn’t Have Enough On My Mind + June Is Busting Out All Over
Leighton Noble Orchestra (voc) Helen Lynn
‘One Night Stand’
Starlight Roof
Waldorf-Astoria Hotel NYC
AFRS Re-broadcast
21 Jun 1946
Come Rain Come Shine
Hal McIntyre Orchestra (voc) Frankie Lester
‘One Night Stand’
Century Room
Commodore Hotel NYC
AFRS Re-broadcast
15 May 1946
Set 2
Jazz on 1948 – 52 TV
Now’s The Time
Charlie Parker (as) Chubby Jackson (b) + rhythm section
WPIX TV NYC
21 Feb 1949
Down Among The Sheltering Palms + Blues
Johnny Mercer
‘Eddie Condon’s Floorshow’
WPIX TV
1948
Billie’s Other Bounce
Bop vs Dixieland (musicians announced)
‘Adventures in Jazz’
WCBS TV NYC
4 Mar 1952
Set 3
Allen Freed’s Rock’n’Roll Dance Party with Count Basie
Mambo Inn
Count Basie Orchestra
‘Rock ‘n’ Roll Dance Party’
Paramount Brooklyn
WCBS CBS NY
AFRTS Re-broadcast
1956
I Love Paris
The Robins (voc) Count Basie Orchestra
‘Rock ‘n’ Roll Dance Party’
KFWB CBS Hollywood
AFRTS Re-broadcast
1956
Basie Land + One O’Clock Jump
Count Basie Orchestra
‘Rock ‘n’ Roll Dance Party’
KFWB CBS Hollywood
AFRTS Re-broadcast
1956
Set 4
1950s Radio Singers of Songs
Open + Money Honey
Ella Mae Morse
‘Here’s To Veterans’
Radio Transcription
1954
Open + I Woke Up Crying
Joni James (voc) Les and Larry Orchestra
‘Let’s Go To Town’
Radio Transcription
1955
Too Close For Comfort + Close
Giselle MacKenzie and The Honeydreamers (voc) Skitch Henderson Orchestra
‘Airtime’
Radio Transcription
New York
1950
Set 5
Swinging Big Bands 1944 – 46 Radio
Tostiadoes
Bobby Sherwood Orchestra
Aircheck
Nov 1944
Open + Tea For Two
Bob Strong Orchestra
Glen Island Casino
New Rochelle
WOR Mutual NY
5 Aug 1944
Cottontail
Charlie Barnet Orchestra
‘Jubilee’
AFRS Hollywood
Apr 1945
Floogie Boo + St Louis Blues
Cootie Williams Orchestra
‘One Night Stand’
Savoy Ballroom NYC
AFRS Re-broadcast
12 Feb 1944
Set 6
Swing Bands on 1937-39 Radio
Toy Piano Jump
Johnny Messner Orchestra (toy piano) Professor Koleslaw
Radio Transcription
New York
1939
Popcorn Man
Benny Goodman Orchestra (voc) Martha Tilton
Madhattan Room
Hotel Pennsylvania
WABC CBS NY
6 nov 1937
I Can’t Get Started With You + In A Mist
Bunny Berrigan Orchestra
WABC CBS NY
19 Nov 1938
Farewell Blues + Moonlight Serenade (theme)
Glenn Miller Orchestra
Meadowbrook Ballroom
Cedar Grove NJ
WJZ NBC Blue NY
25 Nov 1939
Set 7
The Magic Key Celebrates Irving Berlin
Let Yourself Go + I Saw The Sea and other songs from ‘Follow The Fleet’
Ray Noble Orchestra (voc) Al Bowlly
‘The Magic Key of RCA’
WEAF NBC Red NY
New York City
9 Feb 1936
Set 8
Jazzy 1950s Radio
VIPs Boogie + Jam With Sam
Duke Ellington Orchestra
Blue Note
WMAQ NBC Chicago
30 Jul 1952
Groovin’ For Nat
Dizzy Gillespie Orchestra
Birdland
WCBS NY
Jun 1956
A Groovy Little Ditty
Dorsey Brothers Orchestra
Cafe Rouge
Hotel Statler
WRCA NBC NY
1956
Fine and Dandy
Slim Gaillard Quintet
‘Symphony Sid Show’
Birdland
WJZ ABC NY
7 Jul 1951